Chapter

Crime in International Law: Obligations <i>Erga Omnes</i> and the Duty to Prosecute

Guy S. Goodwin-Gill

in The Reality of International Law

Published in print October 1999 | ISBN: 9780198268376
Published online March 2012 | e-ISBN: 9780191683510 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198268376.003.0009
Crime in International Law: Obligations Erga Omnes and the Duty to Prosecute

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This chapter examines the application of the duty to prosecute and obligations erga omnes in crimes in international law. It focuses on one element in the relationship between sovereign rights and individual ambitions, specifically the point at which the state is simultaneously obliged not to expel or return an individual to a particular country. It suggests that a balance may appear to be needed between competing interests, but the erga omnes character of obligations in this field both constrains options and offers clear indications on how problems are to be resolved.

Keywords: erga omnes; duty; international crimes; international law; sovereign rights; legal obligations

Chapter.  13109 words. 

Subjects: Public International Law

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