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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
Has the prohibition of terrorism become a peremptory norm of general international law (jus cogens), asks de Beer, a norm accepted and recognized by the international community of states as a norm from which no derogation is permitted.
For the purposes of the present Convention, a peremptory norm of general International law is a norm accepted and recognized by the international Community of States as a whole as a norm from which no derogation is permitted.
According to the International Law Commission ("ILC")'s Commentary on Article 40 of the Draft Articles on Responsibility of States for Internationally Wrongful Acts, there are two criteria in assessing whether the gravity of a given violation amounts to a "gross violation" of human rights: the first concerns "the character of the obligation breached," which derives from a peremptory norm of general international law; the second involves "the intensity of the breach." (24) In reality, the ILC's two-criteria tests can be regrouped into one criterion test: "the qualitative criterion," which is subdivided into two segments: the nature of rights violated (peremptory rights), and the character of the violation (cruelty of the breach).
Article 53 of the VCLT declares that a treaty is void if it conflicts with a peremptory norm of general international law.
Second, article 53 of the VCLT invalidates any treaty which violates a peremptory norm of general International Law.
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.
A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law.
(11) The problem arises from the status of torture as jus cogens; that is, a peremptory norm of international law from which no derogation is permitted.
a number of 'candidates' for peremptory norm status with a
courts have also recognized torture as a peremptory norm and not just as a domestically legislated prohibition.