IMPLICATIONS OF THE ERGA OMNES PRINCIPLE ON THE MECHANISM OF WAR CRIMES PROSECUTION
DOI:
https://doi.org/10.28946/scls.v3i2.5109Abstract
This research examines the implications of the erga omnes principle in the prosecution of war crimes within the framework of international law. The principle, which reflects obligations owed to the international community as a whole, reinforces the universality of accountability and collective responsibility in addressing serious violations of humanitarian norms. The need for this research arises from the persistent gap between normative development and practical enforcement of war crimes prosecution, particularly amidst ongoing conflicts in regions such as Syria, Yemen, Ukraine, and Myanmar. The study aims to analyze the role and implications of the erga omnes principle in strengthening the mechanisms for prosecuting war crimes and to identify the main challenges that hinder its effective implementation. Employing a qualitative normative legal research method with a descriptive-analytical approach, this study relies on the interpretation of international legal instruments, jurisprudence, and scholarly opinions. The findings highlight that while the erga omnes principle provides a strong moral and legal foundation for universal jurisdiction and complementarity, its realization is often obstructed by political resistance, limited national capacity, and inconsistency in international cooperation. The paper concludes that reinforcing erga omnes obligations requires harmonization between national and international frameworks, and sustained political will from the global community. Ultimately, erga omnes is not a mere theoretical doctrine but a vital instrument for ensuring justice, preventing impunity, and affirming the supremacy of international law.
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