The Standing of Indirectly Injured States in the Litigation of Community Interests before the ICJ: Lessons Learned and Future Implications in Light of The Gambia v. Myanmar and Beyond

Abstract

This article explores the legal challenges related to the standing of indirectly injured states before the International Court of Justice in relation to violations of obligations erga omnes and erga omnes partes. After an examination of the emergence of these kinds of obligations, the article addresses the evolution of the approach of the Court in relation to the issue of standing, in light of the works of the International Law Commission on state responsibility. Especially after the 2012 Belgium v. Senegal case, the Court does not hesitate to recognise the standing of indirectly injured states. Yet, some aspects related to standing – such as the requirement of a special interests and the coordination between the reaction of the directly injured state and the indirectly injured ones – are still imprecise. The Court should take the opportunity to elaborate on these issues in the merits phase of The Gambia v. Myanmar case.