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All Journal Brawijaya Law Journal : Journal of Legal Studies
Bourdeau, Callista Putri
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Law, Crime, Criminology & Criminal Justice

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Vanishing Universal Norms? Rethinking Erga Omnes in International Humanitarian Law Principles Manitra, Ramalina Ranaivo Mikea; Bourdeau, Callista Putri; Kylatifa Ghaniya Aristi; Muhammad Hazel Nailah Akbar
Brawijaya Law Journal Vol. 12 No. 2 (2025): The Evolution of International Humanitarian Law : Historical Roots to Future D
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2025.012.02.04

Abstract

International humanitarian law (IHL) is grounded on principles intended to apply universally in situations of armed conflict. Yet, the persistence of widespread violations in recent conflicts raises questions about the practical effectiveness of these legal norms. This paper investigates whether the erga omnes character of IHL principles still holds meaningful legal force or is increasingly relegated to symbolic rhetoric. Employing a doctrinal legal method, it explores the legal foundation and evolution of erga omnes, their intersection with IHL, and their invocation in contemporary conflict contexts. The analysis finds that while obligations erga omnes reflect a shared international commitment, their enforcement remains inconsistent and often influenced by political considerations. The study also observes that appeals to universality can serve as moral and legal pressure points—particularly important in influencing decision-makers who shape global responses to humanitarian crises. The paper concludes that without strengthened mechanisms for accountability, the obligations erga omnes in IHL principles risk being reduced to aspirational language rather than enforceable law.
Co-Authors Kylatifa Ghaniya Aristi Manitra, Ramalina Ranaivo Mikea Muhammad Hazel Nailah Akbar