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Part IV Normative Evolution, Ch.23 Jus Cogens and Obligations Erga Omnes

Erika De Wet

From: The Oxford Handbook of International Human Rights Law

Edited By: Dinah Shelton

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 February 2024

Peremptory norms / ius cogens — Aggression — Self-defence — Genocide — Torture — Crimes against humanity

This article examines the relation between jus cogens and erga omnes obligations in the context of international human rights law. It discusses the content of jus cogens and its relevance within the domestic legal order and explains the relevant provisions of Article 53 of the Vienna Convention on the Law of Treaties of 1969 (VCLT). This article highlights the increasing formal recognition in state practice and doctrine of a hierarchy of norms in international law in the form of jus cogens which indicates increased recognition of core values throughout the international community of states.

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