noun A fundamental principle of international law that is accepted by the international community as a norm from which no derogation is permitted.
In the context of human rights law, jus cogens norms are considered to be universally binding on all states and cannot be violated under any circumstances.
Jus cogens refers to peremptory norms of international law that are recognized as fundamental and non-derogable, such as prohibitions against genocide, slavery, and torture.
Jus cogens principles can invalidate treaties that conflict with these fundamental norms, rendering them void ab initio.
Jus cogens norms are seen as reflecting customary international law and are binding on all states, regardless of whether they have explicitly consented to them.
States have a duty not to engage in acts that violate jus cogens norms, and may be held accountable for such violations under the principle of state responsibility.
Lawyers use the concept of jus cogens in international law to refer to peremptory norms that are accepted and recognized by the international community as a whole, from which no derogation is permitted.
Diplomats may refer to jus cogens when negotiating treaties or agreements between countries, as these norms are considered non-negotiable and must be respected by all parties.
Human rights advocates may invoke jus cogens when advocating for the protection of fundamental human rights, as these norms are considered to be of paramount importance and cannot be violated under any circumstances.
Professionals in international relations may analyze the impact of jus cogens on state behavior and the enforcement of international law, as these norms play a crucial role in shaping the global legal order.
Judges may rely on jus cogens when interpreting and applying international law in cases involving serious violations of human rights or international crimes, as these norms take precedence over conflicting treaties or customary law.