header-logo header-logo

02 February 2024 / Malcolm Bishop KC
Issue: 8057 / Categories: Features , Constitutional law , Immigration & asylum
printer mail-detail

Jus cogens: a law to trump all laws?

156473
It’s arguably the most important rule of international law, trumping all domestic legislation. Malcolm Bishop KC examines jus cogens in the context of the Rwanda Bill
  • Jus cogens comprises peremptory norms which may not be violated by any state, even in time of war.
  • This rule of international law prohibits the facilitating or subcontracting of torture, thus making the Rwanda Bill unenforceable.

Jus cogens—what is it? A trendy health drink? A boiled sweet? No, it is a rule of international law. In fact, it is arguably the most important rule of international law. Its reach extends throughout the civilised world and trumps all domestic legislation, international agreements or treaties. Put shortly, jus cogens is a fundamental principle of international law, which is accepted by the international community of states as a norm from which no derogation is permitted, even in time of war.

Unlike ordinary customary law, which has traditionally required consent, and allows the alteration of its obligations between states through treaties, jus cogens comprises peremptory norms which may not be violated by any state ‘through international

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll