The concept of ius cogens represents a set of peremptory norms in international law that cannot be derogated by any treaty or agreement. These rules hold superior status and are binding on all states.
Characteristics of Ius Cogens Norms
- Universality: applicable to all states without exception.
- Non-derogability: no treaty can modify or annul them.
- Protection of fundamental values: safeguarding human dignity and global peace.
Examples of Ius Cogens Norms
- Prohibition of genocide
- Ban on torture
- Abolition of slavery
- Non-aggression between states
Legal Effects of Ius Cogens
If a treaty violates a ius cogens norm, it is declared null and void. This principle is enshrined in Article 53 of the Vienna Convention on the Law of Treaties.
Conclusion
Ius cogens norms ensure that fundamental human values are upheld. Their application is crucial to prevent abuses and uphold international justice.