Can non-injured States invoke responsibility for erga omnes partes obligations? The Gambia v. Myanmar case before the ICJ

This article aims to analyse the International Court of Justice’s Order of 23 January 2020 on the Request for the indication of provisional measures submitted by The Gambia against Myanmar under the Convention on the Prevention and Punishment of the Crime of Genocide. The emblematic nature of this Order in regards to erga omnes partes obligations will be investigated firstly from a theoretical point of view, describing the concepts of jus cogens, erga omnes and erga omnes partes, followed by a summary of the International Court of Justice’s non-linear jurisprudence on obligations erga omnes. Finally, the expansion of the right of non-injured States to invoke responsibility for erga omnes partes violations will be examined as a consequence of the 2020 Order.