Jus Cogens Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Jus Cogens, written in plain English, along with examples of how it is used.

What is Jus Cogens?

“Latin meaning “compelling law.” This “higher law” may not be violated by any country. For example, genocide or slave trade may be considered to go against jus cogens.

History and Meaning of Jus Cogens

Jus cogens is a Latin term that means "compelling law." It is a legal concept in international law that refers to certain rules and principles that are considered to be so fundamental that they cannot be overridden by any conflicting treaty or law. Jus cogens norms are considered to be customary international law, and they apply to all states whether or not they have agreed to them.

Jus cogens norms are usually those that are considered to be in the interest of the international community as a whole. Examples of jus cogens norms include prohibitions against genocide, slavery, and torture. These norms are considered to be so fundamental that no state may derogate from them, even if they have agreed to do so in a treaty.

Examples of Jus Cogens

  1. The prohibition against genocide is considered to be a jus cogens norm. This means that no state may engage in genocide, even if they have agreed to do so in a treaty.

  2. The prohibition against slavery is also considered to be a jus cogens norm. This means that no state may legalize or condone slavery, even if they have agreed to do so in a treaty.

  3. The prohibition against torture is another example of a jus cogens norm. This means that no state may engage in torture, even if they have agreed to do so in a treaty.

  4. The right to self-determination is also considered to be a jus cogens norm. This means that all peoples have the right to determine their own political status and freely pursue their economic, social, and cultural development.

Legal Terms Similar to Jus Cogens

  1. Customary International Law: Refers to rules and principles that are developed through the consistent and general practice of states, and that are considered to be legally binding on all states.

  2. Erga Omnes Norms: Refers to obligations that are owed by states to the international community as a whole, regardless of their relations with other states.

  3. Peremptory Norms: Refers to norms that are considered to be so fundamental that they cannot be derogated from by any conflicting treaty or law.