خلاصة:
This idea is generally accepted that in case of breaches of specific obligations protecting the collective interests of a group of states or the interests of the international community as a whole (obligations erga omnes), responsibility may be invoked by states which are not injured. A non-injured state which is entitled to invoke responsibility is acting as a member of a group of states to which the obligation is owed or indeed as a member of the international community as a whole. Whereas, under Draft Articles on States Responsibility 2001, the invocation of state responsibility by non-injured states is subject to the conditions that govern invocation by an injured state (articles 43،44،45). But categories of claim which non-injured states may make when invoking responsibility as compared to those of injured states are limited in range of rights. Finally non-injured states should be entitled to bring ICJ proceedings in response to breach of obligations erga omnes.
ملخص الجهاز:
Ultimately, non-injured States possess the right to institute proceedings before the International Court of Justice regarding the breach of erga omnes obligations.
The confirmation of the existence of the supreme values and interests of the international community in contemporary practice and doctrine, and the emergence of the concept of peremptory norms and erga omnes obligations, along with the long-standing actions taken by international organizations regarding the structure of the international legal system, indicates that the nature of international law is undergoing a transformation.
Accordingly, in Article 48 of the Draft Articles on Responsibility of States for Internationally Wrongful Acts 2001, the International Law Commission has raised the possibility of invoking responsibility by non-injured States in the event of a breach of this type of obligation.
For this reason, the discussion of the right to invoke responsibility regarding the violation of erga omnes obligations arises for each individual member state of the international community.
If we accept that state responsibility is an important method for the individual implementation of 'erga omnes obligations,' the definition of an injured state in the International Law Commission's draft will be a key point.
15 If all members of a global system or a specific system established by a treaty (a conventional regime) are considered as injured states, they will collectively and individually be entitled to all secondary rights arising from the breach of the primary obligation that the members of the system accept on an 'erga omnes' basis according to the said system.
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