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Simple English definitions for legal terms
jus cogens
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A quick definition of jus cogens:
Term: jus cogens
Definition: Jus cogens refers to fundamental principles of international law that cannot be violated or ignored. These principles include things like the prohibition of crimes against humanity, genocide, and human trafficking. If a treaty conflicts with a jus cogens norm, it is considered void. However, it can be difficult to determine which rules qualify as peremptory norms.
A more thorough explanation:
Jus cogens, also known as peremptory norm, refers to fundamental principles of international law that are considered to be overriding and non-derogable.
According to Article 53 of the Vienna Convention on the Law of Treaties, a treaty is considered void if it conflicts with a peremptory norm of general international law.
Examples of jus cogens norms include prohibitions against crimes against humanity, genocide, and human trafficking. These norms are considered to be fundamental and non-negotiable, and are recognized by the international community as such.
For instance, the prohibition against genocide is a jus cogens norm that is recognized by the international community as a fundamental principle of international law. This norm prohibits the intentional destruction of a national, ethnic, racial, or religious group, and is considered to be a non-derogable norm that cannot be violated under any circumstances.