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LCP4801 Assignment 2 Semester 2 2023 (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? (3) 1.2
List five (5) examples of what are generally accepted jus cogens norms. (5)
Question 2 In 1945, the United Nations (UN) succeeded the League of Nations.
Answer the following: 2.1 Why was the League of Nations replaced? (2) 2.2
List the main bodies/structures that make up the United Nations. (5) Discuss the
fundamental characteristics of the Third World Approaches to International Law
(TWAIL) scholarship and political action. (10)
Question 4 In June 2014, the African Union sitting in Malabo, Equatorial
Guinea adopted a legal instrument that expanded the jurisdiction of the African
Court of Justice and Human Rights. The instrument known as the Protocol on
the Amendments to the Protocol on the Statute of the African Court of Justice
and Human Rights (the Malabo Protocol) introduced a third chamber known as
the International Criminal Law Section. This effectively created a new
international criminal court for Africa. However, progressive as this initiative
was, several commentators raised concern with article 46A (the immunity
clause), which provides that: “No charges shall be commenced or continued
before the Court against any serving AU Head of State or Government, or
anybody acting or entitled to act in such capacity, or other senior state officials
based on their functions, during their tenure of office.” Your organisation, Peace
for Africa is a human rights organisation working in conflict zones around the
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continent to identify and assist victims of human rights violations. With
reference to case law and other authoritative sources of international law,
provide a detailed opinion on whether a head of state or representative of a
foreign government has immunity from international crimes. (25) [50]
Question 1: 1.1 Define or explain the meaning of jus cogens? (3)
Jus cogens, in international law, refers to a set of peremptory norms or
fundamental principles that are considered universally recognized and accepted
as norms from which no derogation is permitted. These norms are deemed to be
of such high importance and significance that they prevail over other principles
or treaties, and they are binding on all states, regardless of whether they have
explicitly consented to them. Violations of jus cogens norms are considered
grave offenses in the international legal order and may give rise to various legal
consequences, including the obligation to prosecute individuals responsible for
such violations.
1.2 List five (5) examples of what are generally accepted jus cogens norms. (5)
There is a degree of consensus among the international community regarding
several jus cogens norms. Here are five generally accepted examples:
1. Prohibition of genocide: The Genocide Convention establishes the
obligation to prevent and punish genocide, defined as acts committed
with the intent to destroy, in whole or in part, a national, ethnic, racial, or
religious group.
2. Prohibition of slavery and forced labor: International law universally
condemns slavery and any form of forced labor or servitude, as reflected
in various international treaties and customary law.
3. Prohibition of torture and cruel, inhuman, or degrading treatment or
punishment: The absolute ban on torture and cruel treatment is enshrined
in instruments like the Convention Against Torture and Other Cruel,
Inhuman, or Degrading Treatment or Punishment.
4. Right to self-determination: The right of peoples to self-determination is a
fundamental principle recognized in the United Nations Charter and has
been affirmed in various resolutions and declarations.
5. Prohibition of aggression: While the definition of aggression has evolved
over time, the prohibition of the use of force against the territorial
integrity or political independence of any state is a core principle of the
UN Charter.
Question 2: 2.1 Why was the League of Nations replaced? (2)
LCP4801 Assignment 2 Semester 2 2023 (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? (3) 1.2
List five (5) examples of what are generally accepted jus cogens norms. (5)
Question 2 In 1945, the United Nations (UN) succeeded the League of Nations.
Answer the following: 2.1 Why was the League of Nations replaced? (2) 2.2
List the main bodies/structures that make up the United Nations. (5) Discuss the
fundamental characteristics of the Third World Approaches to International Law
(TWAIL) scholarship and political action. (10)
Question 4 In June 2014, the African Union sitting in Malabo, Equatorial
Guinea adopted a legal instrument that expanded the jurisdiction of the African
Court of Justice and Human Rights. The instrument known as the Protocol on
the Amendments to the Protocol on the Statute of the African Court of Justice
and Human Rights (the Malabo Protocol) introduced a third chamber known as
the International Criminal Law Section. This effectively created a new
international criminal court for Africa. However, progressive as this initiative
was, several commentators raised concern with article 46A (the immunity
clause), which provides that: “No charges shall be commenced or continued
before the Court against any serving AU Head of State or Government, or
anybody acting or entitled to act in such capacity, or other senior state officials
based on their functions, during their tenure of office.” Your organisation, Peace
for Africa is a human rights organisation working in conflict zones around the
, 2
continent to identify and assist victims of human rights violations. With
reference to case law and other authoritative sources of international law,
provide a detailed opinion on whether a head of state or representative of a
foreign government has immunity from international crimes. (25) [50]
Question 1: 1.1 Define or explain the meaning of jus cogens? (3)
Jus cogens, in international law, refers to a set of peremptory norms or
fundamental principles that are considered universally recognized and accepted
as norms from which no derogation is permitted. These norms are deemed to be
of such high importance and significance that they prevail over other principles
or treaties, and they are binding on all states, regardless of whether they have
explicitly consented to them. Violations of jus cogens norms are considered
grave offenses in the international legal order and may give rise to various legal
consequences, including the obligation to prosecute individuals responsible for
such violations.
1.2 List five (5) examples of what are generally accepted jus cogens norms. (5)
There is a degree of consensus among the international community regarding
several jus cogens norms. Here are five generally accepted examples:
1. Prohibition of genocide: The Genocide Convention establishes the
obligation to prevent and punish genocide, defined as acts committed
with the intent to destroy, in whole or in part, a national, ethnic, racial, or
religious group.
2. Prohibition of slavery and forced labor: International law universally
condemns slavery and any form of forced labor or servitude, as reflected
in various international treaties and customary law.
3. Prohibition of torture and cruel, inhuman, or degrading treatment or
punishment: The absolute ban on torture and cruel treatment is enshrined
in instruments like the Convention Against Torture and Other Cruel,
Inhuman, or Degrading Treatment or Punishment.
4. Right to self-determination: The right of peoples to self-determination is a
fundamental principle recognized in the United Nations Charter and has
been affirmed in various resolutions and declarations.
5. Prohibition of aggression: While the definition of aggression has evolved
over time, the prohibition of the use of force against the territorial
integrity or political independence of any state is a core principle of the
UN Charter.
Question 2: 2.1 Why was the League of Nations replaced? (2)
