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 ?
statements on the prohibition of torture as a peremptory norm (jus
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.
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.