Question

Jus cogens refers to:

• A. Non-binding principles
• B. Peremptory norms from which no derogation is permitted
• C. Regional customs only
• D. Voluntary codes of conduct

Hint:

Jus Cogens = Highest Norms of International Law Key feature: No State Can Contract Out Of Them Examples: Genocide, Slavery, Torture, Aggressive War, Piracy.

Answer 1

The Correct Option is B

Concept: International law recognizes certain fundamental norms that occupy the highest position in the hierarchy of legal rules. These norms are so essential to the international community that no state may lawfully depart from them, even through mutual agreement.

Step 1: Define the term jus cogens. The Latin expression jus cogens means ``compelling law'' or ``peremptory norm.'' These are rules of international law accepted and recognized by the international community as norms from which no derogation is permitted.

Step 2: Examine the legal basis. Article 53 of the Vienna Convention on the Law of Treaties, 1969 provides that any treaty conflicting with a jus cogens norm is void. Such norms bind all states irrespective of their consent.

Step 3: Consider examples. Commonly accepted examples of jus cogens norms include:

• Prohibition of genocide.

• Prohibition of slavery.

• Prohibition of torture.

• Prohibition of piracy.

• Prohibition of aggressive war.
Since these norms cannot be overridden by treaties or agreements, they are called peremptory norms. Therefore, Option (B) is correct.