Kashmir is not just an issue for Pakistan or the region; it is erga omnes, meaning it represents an obligation that all states owe to the Kashmiris..
it is a global concern. This situation is not merely a bilateral or regional conflict; it has universal significance
The notion of erga omnes obligations represents crucial responsibilities that states hold toward the entirety of the international community. This concept, derived from Roman law, encapsulates the idea of “erga omnes” (Latin for “in relation to everyone”) and underscores the importance of obligations or rights that extend to all.
In its ruling on the Barcelona Traction case, four erga omnes were identified: the prohibition of acts of aggression; the prohibition of genocide; the protection against slavery; and the protection against racial discrimination.
ICJ has declared that right to self-determination is also erga omnes
In resolution 32/161 (1977), the General Assembly called upon all States, international organizations, specialized agencies, investment corporations and all other institutions not to recognize, or cooperate with or assist in any manner in, any measures undertaken by a state that violates erga omnes.
ICJ has decided that: all the States parties to the Fourth Geneva Convention have the obligation, while respecting the Charter of the United Nations and international law, to ensure compliance with international humanitarian law as embodied in that Convention.
ICJ further affirmed : The duty of non-recognition specified above also applies to international organizations, including the United Nations, in view of the serious breaches of obligations erga omnes under international law. ( ICJ Advisory Opinion ,19 July , 2024. Para 280)
After examining the legal position defined under international law, the silence of the international community regarding the plight of Kashmiris is haunting. One wonders if, even today, the kashmiris are being treated as subhuman.
In a world gone mute, tragedy whispers through the void.
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