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
