Keywords
peremptory norms
International Law Commission – ilc
International Court of Justice
treaties
Vienna Convention on the Law of Treaties
illegal object
void
general international law
international community of States
How to Cite
Abstract
This article analyses the origin of ius cogens rules through its evolutionary
process in the International Law Commission. In particular, the article includes the work of special rapporteurs dealing with the law of treaties project, in which the concept of imperative rules and ius cogens was studied. Some differences between these rules and humanitarian law have also been included.
According to Article 53 of the Vienna Convention on the Law of Treaties,
a peremptory norm “is a norm 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 norm of general international law having the same character”.
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