Erga Omnes
Literal meaning: “Toward all”
What does the Latin term "Erga Omnes" mean in law?
Erga omnes describes legal obligations or rights that are owed to or enforceable against the entire international community or all persons, rather than arising only between specific parties. In international law, erga omnes obligations include fundamental norms such as the prohibitions against genocide, slavery, racial discrimination, and aggression. Because these obligations are owed to the international community as a whole, any state has legal standing to invoke the responsibility of a state that breaches them, even without a direct bilateral relationship. In property law, rights in rem are sometimes described as erga omnes because they are enforceable against the world at large, not just against specific individuals.
Source: General · Legal Latin
Legal Definition
Erga omnes describes legal obligations or rights that are owed to or enforceable against the entire international community or all persons, rather than arising only between specific parties. In international law, erga omnes obligations include fundamental norms such as the prohibitions against genocide, slavery, racial discrimination, and aggression. Because these obligations are owed to the international community as a whole, any state has legal standing to invoke the responsibility of a state that breaches them, even without a direct bilateral relationship. In property law, rights in rem are sometimes described as erga omnes because they are enforceable against the world at large, not just against specific individuals.
How It's Used
The International Court of Justice recognized erga omnes obligations in the Barcelona Traction case, establishing that certain international law norms create obligations toward all states collectively. The concept is invoked in human rights litigation and international dispute resolution to establish standing for states that are not directly injured by another state's violations.
Example Sentences
The ICJ held that the prohibition against genocide constitutes an erga omnes obligation, meaning any state may bring a claim against a violating state.
Because property rights operate erga omnes, the recorded deed is enforceable against all subsequent purchasers, not merely the original parties to the transaction.
The court recognized that the right to self-determination carries erga omnes character, giving all member states standing to challenge its denial.