THE ROHINGYA GENOCIDE CASE (THE GAMBIA V MYANMAR): BREACH OF OBLIGATIONS ERGA OMNES PARTES AND THE ISSUE OF STANDING

On 23rd January 2020, the International Court of Justice indicated provisional measures to protect Rohingya from alleged genocidal acts committed in Myanmar. Rejecting argument made by Myanmar, World decided that The Gambia has standing before court although it was not directly injured wrongful act. applied concept “obligations erga omnes partes” context its ruling on standing. court, however, did elaborate more and touch details. Since this case had attracted so much international attention, become a trending topic for legal discourse. This article, therefore, is an attempt resolve issues whether obligations partes been established as rule customary law such obligation may arise any type multilateral treaty provision treaty. To end, article analyses jurisprudence (ICJ), human rights courts work valuable commentary Law Commission Article 48 Articles Responsibility States Internationally Act 2001. concludes law, applicable only relation essential accomplishment object purpose