Jus Cogens

Name Of The Researcher And Author:
Advocate Malik Sakhi Sultan Awan.
Class Of The Researcher And Author:
LLM Human Rights Law.
Submitted To:
Sir Fukhur Mehmood Mukhdoom.
Title Of The Research Publication:
“Jus Cogens/Peremptory Norms: An Overview And Brief

Study”.
Signature Of The Researcher And Author:
Date Of Research Publication:
19 March, 2015(Thursday).
Contents
01-Jus Cogens/Peremptory Norms: Definition.
02-Examples Of Jus Cogens/Peremptory Norms.
03-History Of jus Cogens/Peremptory Norms.
a-In Ancient Times.
b-Modern History.
04-Production Of Jus Cogens/Peremptory Norms.
05-Its Practical Value And Contemporary Practices Related With It.
06-Its Significance And Importance Under International Law.
07-Jus Cogens/Peremptory Norms In Vienna Convention On The Law Of

Treaties,1969.
08-Precedents In Relation To Jus Cogens/Peremptory Norms.
09-Bibliography.
01-Jus Cogens/Peremptory Norms: Definition:
a-It may be defined and may be narrated in the following words, the summary
of which is:
“It is a Latin word which means “Peremptory Norms”. These norms are that
basic and fundamental rudiments and rules of International Law which is of
superior effect and can not be violated under any circumstances and conditions.
These are the norms which must be abide by all the parties, even though any
treaty, custom or tradition exists in parallel to these norms ”(1).
02-Examples of Jus Cogens/Peremptory Norms:

a-Following are the examples of Jus Cogens:
01-Ban on the exhibition, show and display of force.
02-Prohibition on commission of Genocide.
03-There will be no discrimination on any basis or on any grounds.
04-No Crimes Against Humanity will be allowed and nor they will be tolerated
at any costs.
05-No body will be made slave. Or in other words, servitude, serfdom and
human trafficking is strongly condemned.(2).
03-History Of Jus Cogens/Peremptory Norms:

a-In Ancient Times: History of the Jus Cogens can be found in the year 1758(by
Emmerich De Vattel,Droit Des Gens) and its roots can also be traced and found
in the year 1764(Christian Wolff,Jus Gentium),which clearly indicates that Jus
Cogens is by-product of Divine or Natural law.Jus Cogens has a very old history.
(3)(4).
b-Modern History: Modern history of Jus Cogens was initiated when the
Permanent Court of International Justice was established in 1922.The decisions
of this Court first manifested that there exists Peremptory Norms i.e. Jus
Cogens.For the first time in 1923, in Wimbeldon Case, the Court implicitly
mentioned the Peremptory Norm of State’s Sovereignty that it can not be
transferrable(Inalienability Of State’s Sovereignty).In this case, Jus Cogens was
not clearly mentioned.(5).
04-Production Of Jus Cogens/Peremptory Norms:

a-Such norms are not decreed or ordered by any powerful international body or
organization. But these norms are produced and generated in consequence of
the Cases-Law by International Tribunals and Courts, and the variable social and
political behavior of the States.(6).
05-Its Practical Value And Contemporary Practices

Related With It:
a-In practical sense, jurists have tried to evolve such certain rules and principles
but in vain. Although, the whole world has acknowledge the existence of such
norms, but actually what these norms are, there is disagreements in the ranks
and files of the jurists.(7).
06-Its Significance And Importance Under International

Law:
a-In international law, Jus Cogens or Peremptory Norms can not be ignored or
condoned by any state/s through any treaty, or through any custom or
tradition. But it can only be done by Jus Cogens or Peremptory Norms which is
having the same force of Law.(8).
07-Jus Cogens/Peremptory Norms In Vienna Convention

On The Law Of Treaties,1969:
a-Under Article 53 of the said Convention, any agreement which is in
contravention, and in violation of any Jus Cogens/Peremptory Norms, then such
an agreement is void.(9).
b-According to Article 64 of Vienna Convention, new Jus Cogens/Peremptory
Norms can be formulated and drafted.(10).
08-Precedents In Relation To Jus Cogens/Peremptory

Norms:
a-There are a lot of precedents with regard to Jus Cogens/Peremptory Norms.
Some of these, in brief, are narrated as below:
*In Prosecutor vs. Furundzija case,ICTY(1993) has clearly mentioned that

resolution of the conflict through war or acquisition of any territory through
illegal means is not allowed ,and nor it can be permitted. In this way, the
Peremptory Norm of prohibition of war is mentioned in the said case.(11)(12).
*Michael Domingues vs. United States case also mentions that a certain
principle may be a Jus Cogens.Mchael Domigues was punished to death for
murdering two persons. During the commission of offence, his age was 16 years
old. He appealed to Inter-American Commission Of Human Rights against his
conviction. The commission held that there exists a Jus Cogens that death
penalty will not be awarded to the minors, or to the persons who were less than
18 years of age during commission of offences.(13)(14).
After this case, US banned death penalties to all the minor persons.
*In its findings of 09 July,2014,the International Court of Justice has declared

that right of self-determination is erga omnes(i.e. These are the rights and
duties and duties which are possessed and owned by all the persons equally.).In
a nutshell, we can say that right of self determination is a Jus Cogens Norm
indirectly or implicitly. The Court mentioned Article 22 of the Covenant Of The
League Of Nations in this regard which guarantees the said right.(15)(16).
09-Bibliography:
01-Ian Brownlie, Principles Of Public International Law,5th Edition,Oxford,1998.
02-Cornell University Law School, Online Source, Jus Cogens.
03- Wladslaw Czaplinski, Jus Cogens And The Law Of Treaties, In C. Tomuschat
And J. M. Thouvenin, Edition, 2006.
04-The Fundamental Rules Of The International Legal

Order,Netherlands,Keninblijke Brill NV,pp. 83-98.
05-Cherif Bassiouni,2011,Crimes Against Humanity, Historical Conditions And

Contemporary Applications, New York: Cambridge University Press,p. 26.See
also Wimbeldon Case,p. 25.
06-Online Source,Wikipedia,Jus Cogens.
07-Cornell University Law School, Online Source, Jus Cogens.
08-Prosecutor vs. Furundzija Case, International Criminal Tribunal For The

Former Yugoslavia, 2002,121.Internationl Law Reports,213,2002.
09-Vienna Convention On The Law Of Treaties,Artcle 53,May 23,1969,1155,

U.N.T.S. 331,08,International Legal Materials,679(1969).
10-Vienna Convention On The Law Of Treaties, Article 64,May 23,1969, 1155,

U.N.T.S. ,333,8,International Legal Materials,679(1969).
11-Marc Bossuyt En Jan Wouters(2005):Grondlignen Van International

Recht,Intersentia,Antwerpen Enz,p.92
12-Prosecutor vs. Furundzija,International Criminal Tribunal For The Former

Yugoslavia,2002,121. International Law Reports 213(2002).
13-The Michael Domingues Case: Arguments Of The United States, Office Of The
Legal Advisor, United States Department Of State, Digest Of The United State’s
Practices In International Law,2001,pp,303,310-313.
14-The Michael Domingues Case: Report On The Inter-American Commission On
Human Rights, Report No. 62/02,Merits,Case 12,285(2002).
15-Legal Consequences Of The Construction Of A Wall In The Occupied

Palestinian Territories, Article 88,9 July,2004.
16-Online Source,Wikipedia,Erga Omnes.

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Name Of The Researcher And Author:

Advocate Malik Sakhi Sultan Awan.

Class Of The Researcher And Author:

LLM Human Rights Law.

Sir Fukhur Mehmood Mukhdoom.

Title Of The Research Publication:

“Jus Cogens/Peremptory Norms: An Overview And Brief

Signature Of The Researcher And Author:

Date Of Research Publication:

02-Examples Of Jus Cogens/Peremptory Norms.

03-History Of jus Cogens/Peremptory Norms.

a-In Ancient Times.

04-Production Of Jus Cogens/Peremptory Norms.

05-Its Practical Value And Contemporary Practices Related With It.

06-Its Significance And Importance Under International Law.

07-Jus Cogens/Peremptory Norms In Vienna Convention On The Law Of

08-Precedents In Relation To Jus Cogens/Peremptory Norms.

02-Examples of Jus Cogens/Peremptory Norms:

01-Ban on the exhibition, show and display of force.

02-Prohibition on commission of Genocide.

03-There will be no discrimination on any basis or on any grounds.

03-History Of Jus Cogens/Peremptory Norms:

04-Production Of Jus Cogens/Peremptory Norms:

05-Its Practical Value And Contemporary Practices

06-Its Significance And Importance Under International

07-Jus Cogens/Peremptory Norms In Vienna Convention

08-Precedents In Relation To Jus Cogens/Peremptory

*In Prosecutor vs. Furundzija case,ICTY(1993) has clearly mentioned that

*In its findings of 09 July,2014,the International Court of Justice has declared

02-Cornell University Law School, Online Source, Jus Cogens.

04-The Fundamental Rules Of The International Legal

05-Cherif Bassiouni,2011,Crimes Against Humanity, Historical Conditions And

06-Online Source,Wikipedia,Jus Cogens.

07-Cornell University Law School, Online Source, Jus Cogens.

08-Prosecutor vs. Furundzija Case, International Criminal Tribunal For The

09-Vienna Convention On The Law Of Treaties,Artcle 53,May 23,1969,1155,

10-Vienna Convention On The Law Of Treaties, Article 64,May 23,1969, 1155,

11-Marc Bossuyt En Jan Wouters(2005):Grondlignen Van International

12-Prosecutor vs. Furundzija,International Criminal Tribunal For The Former

15-Legal Consequences Of The Construction Of A Wall In The Occupied

16-Online Source,Wikipedia,Erga Omnes.

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