ICP4801
SEMESTER 2
DUE DATE: 4 OCTOBER 2023
UNIQUE NUMBER: 739050
, Question 1
While there is ongoing controversy in doctrine on many norms
suggested for jus cogens, it appears to be widely accepted to classify
a few fundamental norms.
1.1 Define or Explain the Meaning of Jus Cogens:
Jus cogens, a Latin term meaning "compelling law" or "peremptory norm," refers to a
fundamental principle of international law that is accepted and recognized as having
such a high normative status that it prevails over other norms and principles of
international law. Jus cogens norms are considered non-derogable, meaning that they
cannot be violated or set aside by states through treaties or agreements. These norms
are considered universally binding on all states and must be upheld and respected at all
times.
1.2 List Five (5) Examples of Generally Accepted Jus Cogens Norms:
1. Prohibition of Genocide: The prohibition against genocide, as articulated in the
1948 Convention on the Prevention and Punishment of the Crime of Genocide, is
widely recognized as 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.
2. Prohibition of Slavery: The prohibition of slavery and the slave trade is
considered a fundamental norm of jus cogens. This norm is enshrined in various
international treaties and conventions, including the 1926 Slavery Convention
and the 1956 Supplementary Convention on the Abolition of Slavery.
3. Prohibition of Torture and Inhuman or Degrading Treatment: The prohibition
against torture and cruel, inhuman, or degrading treatment or punishment is
recognized as a jus cogens norm. It is articulated in the United Nations
SEMESTER 2
DUE DATE: 4 OCTOBER 2023
UNIQUE NUMBER: 739050
, Question 1
While there is ongoing controversy in doctrine on many norms
suggested for jus cogens, it appears to be widely accepted to classify
a few fundamental norms.
1.1 Define or Explain the Meaning of Jus Cogens:
Jus cogens, a Latin term meaning "compelling law" or "peremptory norm," refers to a
fundamental principle of international law that is accepted and recognized as having
such a high normative status that it prevails over other norms and principles of
international law. Jus cogens norms are considered non-derogable, meaning that they
cannot be violated or set aside by states through treaties or agreements. These norms
are considered universally binding on all states and must be upheld and respected at all
times.
1.2 List Five (5) Examples of Generally Accepted Jus Cogens Norms:
1. Prohibition of Genocide: The prohibition against genocide, as articulated in the
1948 Convention on the Prevention and Punishment of the Crime of Genocide, is
widely recognized as 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.
2. Prohibition of Slavery: The prohibition of slavery and the slave trade is
considered a fundamental norm of jus cogens. This norm is enshrined in various
international treaties and conventions, including the 1926 Slavery Convention
and the 1956 Supplementary Convention on the Abolition of Slavery.
3. Prohibition of Torture and Inhuman or Degrading Treatment: The prohibition
against torture and cruel, inhuman, or degrading treatment or punishment is
recognized as a jus cogens norm. It is articulated in the United Nations
