statements on the prohibition of torture as a peremptory norm
This test means that individual states cannot veto the formation of a peremptory norm
and are bound even when persistently objecting to the norm in question.
But, in the perspective of more recent jurisprudence, I believe that this judgment was a failed opportunity to affirm that torture breached a principle of customary international law or even a peremptory norm
and that such a principle was now part of the domestic law of Canada.
The absolute prohibition against torture is a peremptory norm
of international law and "has now become one of the most fundamental standards of the international community".
When faced with a serious breach of an obligation arising under a peremptory norm
, all States have the duty not to recognise this situation as lawful and have the duty not to aid or assist the maintenance of this situation.
The Committee Against Torture has declared that the prohibition of refoulement must be recognized as a peremptory norm
of international law.
is regarded as a peremptory norm
of international law--that is, it is binding on all states and no derogation from it is possible," he said.
a number of 'candidates' for peremptory norm
status with a
Specifically, Article 24 states, "If a new peremptory norm
of general international law emerges, any existing treaty which is in conflict with that norm becomes void and terminates.
22) With this notion of peremptory norm
(jus cogens) international legislation becomes structured in a hierarchical way: some rules become paramount and cannot be derogated.
This was when the Vienna Convention on the Law of Treaties permitted invalidation or termination of a treaty, through articles 53 and 64, if the substance "conflict[ed] with a peremptory norm
of general international law.
The Court did not pronounce definitively in Suresh on whether the prohibition on deportation to torture has attained the status of a peremptory norm
, but suggested there was strong evidence to that effect.