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“JUS COGENS”

Posted on : 04 Feb 2020

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  • The US has threatened to target few historical sites if Iran retaliates to attack US in revenge. This is a breach of JUS COGENS as targeting cultural sites amounts to a a war crime.
  • The jus cogens rules have been sanctioned by the Vienna Conventions on the Law of Treaties of 1969 and 1986. According to both Conventions, a treaty is void if it breaches jus cogens rules.
  • Jus Cogens or ius cogens, meaning “compelling law” in Latin, are rules in international law that are peremptory or authoritative, and from which states cannot deviate.
  • These norms cannot be offset by a separate treaty between parties intending to do so, since they hold fundamental values.
  • Today, most states and international organisations accept the principle of jus cogens, which dates back to Roman times.
  • Article 53 of the 1969 Convention says: “A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law.
  • 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 this no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.
  • Article 64 says- If a new peremptory norm of general international law emerges, any existing treaty which is in conflict with that norm becomes void and terminates.
  • Besides treaties, unilateral declarations also have to abide by these norms.

Article Related Questions

  1. “JUS COGENS” that was in news recently means

  2. 1.Rules in international law that are peremptory or authoritative, and from which states cannot deviate.

    2.UN framed rules that are binding on signatory members

    3.IMF made rules for financial stability

    4.ITO based rules for balanced trade in the world

    Right Ans : Rules in international law that are peremptory or authoritative, and from which states cannot deviate.

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