استادیار پردیس قم دانشگاه تهران
عنوان مقاله [English]
This idea is generally accepted that in case of breaches of specific obligations protecting the collective interests of a group of states or the interests of the international community as a whole (obligations erga omnes), responsibility may be invoked by states which are not injured. A non-injured state which is entitled to invoke responsibility is acting as a member of a group of states to which the obligation is owed or indeed as a member of the international community as a whole. Whereas, under Draft Articles on States Responsibility 2001, the invocation of state responsibility by non-injured states is subject to the conditions that govern invocation by an injured state (articles 43،44،45). But categories of claim which non-injured states may make when invoking responsibility as compared to those of injured states are limited in range of rights. Finally non-injured states should be entitled to bring ICJ proceedings in response to breach of obligations erga omnes.