Part III The Sources of International Responsibility, Ch.33.2 Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Compliance with Peremptory Norms
Edited By: James Crawford, Alain Pellet, Simon Olleson, Kate Parlett (Assistant)
Peremptory norms of international law— jus cogens —incorporate the fundamental values of the international community. A peremptory norm of general international law is a mandatory norm, one from which no derogation is permitted. They have two main functions: on the one hand, the protection of interests that are superior to the States’ individual interests—the interests of the international community and the international order; on the other hand, the protection of the State against its own weaknesses or against the power of some of its partners, in particular...