jus cogens

Jus cogens norms are accepted and recognised by the international community of States as a whole as norms from which no derogation is permitted. A treaty that conflicts with an existing peremptory norm is void (Article 53, Vienna Convention on the Law of Treaties, 1969), and an existing treaty becomes void if a new peremptory norm emerges that conflicts with it (Article 64).

Generally accepted examples are the prohibitions of aggression, genocide, slavery, torture, crimes against humanity and racial discrimination, and the right of self-determination. Jus cogens norms usually give rise to obligations erga omnes, owed to the international community as a whole. India has not ratified the Vienna Convention, but treats much of it as customary law.

Example

A treaty between two States to share slave labour would be void for conflict with jus cogens.

In Indian law

• Articles 53 and 64, Vienna Convention on the Law of Treaties, 1969

See also

erga omnes · pacta sunt servanda · customary international law · treaty

Read more in the study notes

• Origin and development of human rights (Human Rights Law and Practice)
• International law: nature, definition, origin and basis (Public International Law)
• Sources of international law (Public International Law)
• State responsibility (Public International Law)
• Law of treaties: conclusion, reservations, validity and termination (Public International Law)
• The United Nations: origin, purposes, principles and membership (Public International Law)