القواعد الآمرة في القانون الدولي

Abstract EN

The “jus cogens” are fundamental principles of international Law accepted by the international community to establish a rule that states cannot violate.

It goes without saying that concerning these rules no international person may depart from these principles, even if by means of treaty.

As a result, these principles have generally been interpreted as restricting the freedom of states to contract and as nullifying treaties that are contrary to the rules identified as ‘peremptory’.

Any rule that is accepted by international law and recognized by the international community is considered as an obligatory rule, a rule that shall be subject to no exception and that can only be modified by a new rule of international law having the same character.

In addition to the other rules of international law, the “jus cogens” are the legal basis for the responsibility of the subjects of international law, including States, international organizations, etc., when they commit illegal acts.