Jus Cogens

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

 

Jus Cogens-

Tanmoy Mukherji

Advocate

"Jus Cogens" means 'compelling law' of International law.

Vienna Convention on the Law of Treaties, 1969-

Article 64-

→If a treaty conflicts with a new Jus Cogens norm; it becomes void and terminates automatically.

→No other rule in International Law has such power.

List of Jus Cogens Norms-

Humanity related norms-

→Prohibition of genocide

→Prohibition of torture.

→Prohibition of slavery

→Prohibition of rape as a war crime

→Prohibition of racial discrimination.

Peace & security norms -

→Prohibition of aggression

→Prohibition of crimes against humanity

→Basic rules of International humanitarian law.

Collective Rights-

→Right to self-determination of peoples.

Fundamental Maritime & Territorial Norms-

→Prohibition of Piracy

→Prohibition of Hostage taking

→Prohibition of enforced disappearance.

Jurisprudential foundation -

Formation of Jus Cogens-

Reference Cases-