Jus Cogens

• Author: Jeffrey Lehman, Shirelle Phelps

Page 85

That body of peremptory principles or norms from which no derogation is permitted; those norms recognized by the international community as a whole as being fundamental to the maintenance of an international legal order.

Elementary rules that concern the safeguarding of peace and notably those that prohibit recourse to force or the threat of force. Norms of a humanitarian nature are included, such as prohibitions against GENOCIDE, SLAVERY, and RACIAL DISCRIMINATION.

Jus cogens may, therefore, operate to invalidate a treaty or agreement between states to the extent of...