Jus cogens in the context of "Universal jurisdiction"

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⭐ Core Definition: Jus cogens

A peremptory norm (also called jus cogens) is a fundamental principle of international law that is accepted by the international community of states as a norm from which no derogation is permitted. Thought to be so fundamental that it even invalidates rules drawn from treaty or custom, “norms of this character, therefore, cannot be derogated from by the will of the contracting parties."

Article 53 of the Vienna Convention on the Law of Treaties defines jus cogens norms as those that are "accepted and recognized by the international community of states as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent international norm of the same character.” This means that even states objecting to the norm are bound by it, and any treaty or international agreement conflicting with a peremptory norm is void. Among the norms most often mentioned as jus cogens include the international prohibitions on slavery, genocide, piracy, and torture.

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👉 Jus cogens in the context of Universal jurisdiction

Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person, regardless of where the alleged crime was committed and irrespective of the accused's nationality, country of residence, or any other connection to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as to the concept of jus cogens—that certain international law obligations are binding on all states.

According to Amnesty International, a proponent of universal jurisdiction, certain crimes pose such a serious threat to the international community as a whole that states have a logical and moral duty to prosecute individuals responsible; therefore, no place should be a safe house for those who have committed genocide, crimes against humanity, extrajudicial executions, war crimes, torture, or forced disappearances.

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