Towards cooperative international law and atrocity prevention through the rise of community interests

In recent years, traditionally non-injured States have taken an increasingly active role in contentious cases before the International Court of Justice (ICJ) based on community interests protected by erga omnes partes obligations. Such active participation takes one of two forms: the initiation of proceedings or the intervention in proceedings, the right to which is either sought on the basis of an ‘interest of a legal nature which may be affected by the decision’ or established by the ‘common values and concern for compliance’ of State parties to a relevant multilateral treaty. With this increased action by traditionally non-injured States, recent orders and judgments of the ICJ suggest the general acceptance of erga omnes partes standing. Recent cases illustrate complexities of traditionally non-injured State engagement. They also signal a potential departure from traditional bilateralism and may herald a shift from crisis and conflict towards a more cooperative international law with the confluence of community-oriented conduct, and opportunities for collaboration. This paradigmatic shift to community interests within international law promotes a narrative of cooperation, accountability and the protection of human rights in the face of global challenges leading to the prevention of atrocity crimes.