Brawijaya Law Journal : Journal of Legal Studies
Vol. 12 No. 2 (2025): The Evolution of International Humanitarian Law : Historical Roots to Future D

Vanishing Universal Norms? Rethinking Erga Omnes in International Humanitarian Law Principles

Manitra, Ramalina Ranaivo Mikea (Unknown)
Bourdeau, Callista Putri (Unknown)
Kylatifa Ghaniya Aristi (Unknown)
Muhammad Hazel Nailah Akbar (Unknown)



Article Info

Publish Date
23 Jan 2026

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.

Copyrights © 2025






Journal Info

Abbrev

LAW

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

BRAWIJAYA LAW JOURNAL, Journal of Legal Studies Brawijaya Law Journal (BLJ) is a newly established journal in the field of legal studies. The Journal is published annually by Law Faculty Brawijaya University, Indonesia. BLJ is an open access, peer-reviewed e-journal which aims to offer an ...