Jus Cogens


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Jus Cogens

That body of peremptory principles or norms from which no derogation is permitted; those norms recognized by the international community as a whole as being fundamental to the maintenance of an international legal order.

Elementary rules that concern the safeguarding of peace and notably those that prohibit recourse to force or the threat of force. Norms of a humanitarian nature are included, such as prohibitions against Genocide, Slavery, and racial discrimination.

Jus cogens may, therefore, operate to invalidate a treaty or agreement between states to the extent of the inconsistency with any such principles or norms.

References in periodicals archive ?
132) Further, international law indicates "that jus cogens violations committed by officials are governmental rather than private acts.
Cherif Bassiouni, an internationally recognized expert whom I had the privilege to meet in ystanbul a few years ago, argues that crimes against humanity are part of jus cogens, and as such constitute a non-derogable rule of international law.
Part III then provides examples of practice in the area of jus cogens norms, customary law, and treaty law where it appears moral obligation is driving the understanding of law among human rights actors.
The right to be free from sex trafficking does not comprise a single basic jus cogens norm in itself because many basic jus cogens norms inform our understanding of sex trafficking.
Part IV explores Miller's wholesale omission of international law and opinion, arguing that the Court could have (and perhaps should have) relied upon an emerging jus cogens norm against juvenile LWOP to strike down all such sentences.
Regrettably, Amnesty's jus cogens submission appears to have distracted the Court, and possibly confused it, about the legal significance of the prohibition of torture in treaties to which Canada is a party.
However, procedural due process rights have not reached the level of jus cogens and the Security Council sanctions regime process would meet any general standards of due process.
governs jus cogens claims against natural and artificial persons without
In his latest book, Larry May argues that two rights--the right to habeas corpus and to non-refoulement--should be incorporated into international law as jus cogens norms.
The imperative nature of the norms that underlie the repression of jus cogens crimes tends to erase, in the eyes of human rights defendets, the distinction between the liability of officials while in office and that of former leaders.