IDENTIFYING THE JUS COGENS NORM IN THE JUS AD BELLUM

Johnston, Katie A ORCID: 0000-0002-1863-0049 (2021) IDENTIFYING THE JUS COGENS NORM IN THE JUS AD BELLUM INTERNATIONAL & COMPARATIVE LAW QUARTERLY, 70 (1). pp. 29-57. ISSN 0020-5893, 1471-6895

Text Identifying the jus cogens norm in the jus ad bellum - Final Manuscript - 27.11.20 - KJohnston.docx - Author Accepted Manuscript Download (93kB)

Abstract

Abstract This article argues that if there is a jus cogens norm in the jus ad bellum , it must be the customary norm which prohibits non-consensual uses of force that are neither validly authorised under the UN Charter nor lawful exercises of self-defence. In doing so this article will clarify the method by which jus cogens norms should be identified, based on a correct understanding and application of what it means for a norm to be ‘accepted and recognized as a norm from which no derogation is permitted’. It is argued that all existing jus cogens norms must be norms of customary law, and that the uncertainty regarding the scope of the jus cogens norm prohibiting force results from uncertainty as to the structure of the underlying customary and treaty law norms in the jus ad bellum .

Item Type:	Article
Uncontrolled Keywords:	public international law, jus cogens, peremptory norms, jus ad bellum, use of force
Divisions:	Faculty of Humanities & Social Sciences > School of Law and Social Justice
Depositing User:	Symplectic Admin
Date Deposited:	09 May 2022 08:23
Last Modified:	16 Jun 2026 14:05
DOI:	10.1017/S0020589320000500
Related Websites:	Author Publisher
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3154386
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