LCP4801
2023
ASSIGNMENT 2
DUE: SEPT OCT 2023
, QUESTION 1
1.1.
Jus cogens, often referred to as peremptory norms within international law,
encompass a collection of fundamental principles or regulations universally
acknowledged and obligatory for all states, irrespective of their consent. These
principles are of such paramount significance that they are not subject to
modification or amendment through any form of agreement or treaty.
1.2.
Examples of generally accepted jus cogens norms
include:
a. Prohibition of torture: The absolute prohibition of torture or cruel, inhuman, or degrading
treatment or punishment is considered a jus cogens norm. It is reflected in various
international treaties, including the United Nations Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment.
b. Prohibition of genocide: The prohibition of genocide, as defined by the 1948
Convention on the Prevention and Punishment of the Crime of Genocide, is considered
a jus cogens norm. It prohibits acts committed with the intent to destroy, in whole or in
part, a national, ethnic, racial, or religious group.
c. Prohibition of slavery: The prohibition of slavery, servitude, and forced labor is
considered a jus cogens norm. It is recognized in various international instruments,
such as the 1926 Slavery Convention and the 1956
Supplementary Convention on the Abolition of Slavery, the Slave Trade, and
Institutions and Practices Similar to Slavery.
d. Prohibition of aggression: The prohibition of aggression, which refers to the use of
armed force by a state against the territorial integrity or political independence of
another state, is considered a jus cogens norm. It is highlighted in the United Nations
Charter and various resolutions of the United Nations General Assembly and Security
Council.
e. Right to self-determination: The right to self-determination of peoples is considered a
jus cogens norm. It recognizes the right of people to freely
2023
ASSIGNMENT 2
DUE: SEPT OCT 2023
, QUESTION 1
1.1.
Jus cogens, often referred to as peremptory norms within international law,
encompass a collection of fundamental principles or regulations universally
acknowledged and obligatory for all states, irrespective of their consent. These
principles are of such paramount significance that they are not subject to
modification or amendment through any form of agreement or treaty.
1.2.
Examples of generally accepted jus cogens norms
include:
a. Prohibition of torture: The absolute prohibition of torture or cruel, inhuman, or degrading
treatment or punishment is considered a jus cogens norm. It is reflected in various
international treaties, including the United Nations Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment.
b. Prohibition of genocide: The prohibition of genocide, as defined by the 1948
Convention on the Prevention and Punishment of the Crime of Genocide, is considered
a jus cogens norm. It prohibits acts committed with the intent to destroy, in whole or in
part, a national, ethnic, racial, or religious group.
c. Prohibition of slavery: The prohibition of slavery, servitude, and forced labor is
considered a jus cogens norm. It is recognized in various international instruments,
such as the 1926 Slavery Convention and the 1956
Supplementary Convention on the Abolition of Slavery, the Slave Trade, and
Institutions and Practices Similar to Slavery.
d. Prohibition of aggression: The prohibition of aggression, which refers to the use of
armed force by a state against the territorial integrity or political independence of
another state, is considered a jus cogens norm. It is highlighted in the United Nations
Charter and various resolutions of the United Nations General Assembly and Security
Council.
e. Right to self-determination: The right to self-determination of peoples is considered a
jus cogens norm. It recognizes the right of people to freely
