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Jus Cogens

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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.



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PCHR reiterates its condemnation of torture, and all politically motivated arrests, and: 1) Reminds that the prohibition of torture forms a jus cogens norm of international law.
Law of Nations" and Jus Cogens as Defined by International Law Practice B.
ATCA is a powerful transnational legal mechanism that can provide a US federal court venue to the victim of a tort or a Jus Cogens human rights violation (like torture, slavery, war crimes, or genocide) that occurs outside the United States.
 
 
 
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