132) Further, international law indicates "that jus cogens
violations committed by officials are governmental rather than private acts.
Andreas Paulus, Jus Cogens
in a Time of Hegemony and
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.
the measure falls within a jus cogens
norm or a category widely
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
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.