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Part VII General Problems, Ch.54 Jus Cogens and the Use of Armed Force

AndrÉ De Hoogh

From: The Oxford Handbook of the Use of Force in International Law

Edited By: Marc Weller

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 October 2023

Peremptory norms / ius cogens — Opinio juris — Vienna Convention on the Law of Treaties — UN Charter — Armed forces — Countermeasures — Necessity — Military necessity — Self-defence — Humanitarian intervention — Aggression — International peace and security — Genocide — Freedom from torture and cruel, inhuman, or degrading treatment — Torture — Crimes against humanity — War crimes — Ethnic cleansing

This chapter examines the concept of jus cogens in relation to the use of armed force. It first considers whether the prohibition of the use of armed force possesses the status of a peremptory norm before looking into the jus cogens restrictions associated with the peremptory prohibition of the use of armed force or aggression, together with its relationship to accepted or claimed exceptions. The chapter then focuses on the circumstances precluding wrongfulness countermeasures, consent and necessity, as they relate to the peremptory prohibition. Finally, it discusses jus cogens demands for forcible action arising from peremptory norms, such as armed intervention to stop genocide.

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