Jus Cogens – Immutable to Change or not?

by Ms. Nguyen Thi Quynh Giang, LLM.

Hoa Binh University, Hanoi, Vietnam 100000

PhD Candidate at Diplomatic Academy of Vietnam

ntqgiang.dav@gmail.com

Date of Receipt : 29/5/2025

Date of Review: 09/6/2025

Date of Approval: 24/6/2025

Abstract

This paper examines the implications of peremptory norms (jus cogens) and their integral role in the enforcement of human rights. Jus cogens are recognized as fundamental principles within the hierarchy of international law, reflecting their compelling nature and inherent connection to human rights protection. Through a comprehensive literature review and analysis of pertinent case law, this study investigates whether peremptory human rights norms are immutable. The findings of this research yield three significant conclusions: First, jus cogens are fundamentally dedicated to safeguarding essential human rights, underscoring their paramount status within the international legal framework. This coherence among compelling rules theoretically ensures the protection of human rights under all circumstances. Second, the conceptual and procedural contradictions within peremptory human rights norms render them nearly impossible to amend. Third, an examination of doctrinal sources in light of practical legal cases suggests that potential changes may arise from the evolving content of human rights rather than from the peremptory norms themselves. In conclusion, this study posits that modifications are evident in the subject matter of jus cogens. The insights presented herein contribute to the ongoing discourse on the development of international law and highlight avenues for further research in this critical area.

Keywords: Jus cogens, Peremptory norm, International law, Human rights, Human rights-based approach

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