header-logo header-logo

Jus cogens: a law to trump all laws?

02 February 2024 / Malcolm Bishop KC
Issue: 8057 / Categories: Features , Constitutional law , Immigration & asylum
printer mail-detail
156473
It’s arguably the most important rule of international law, trumping all domestic legislation. Malcolm Bishop KC examines jus cogens in the context of the Rwanda Bill
  • Jus cogens comprises peremptory norms which may not be violated by any state, even in time of war.
  • This rule of international law prohibits the facilitating or subcontracting of torture, thus making the Rwanda Bill unenforceable.

Jus cogens—what is it? A trendy health drink? A boiled sweet? No, it is a rule of international law. In fact, it is arguably the most important rule of international law. Its reach extends throughout the civilised world and trumps all domestic legislation, international agreements or treaties. Put shortly, jus cogens is a fundamental principle of international law, which is accepted by the international community of states as a norm from which no derogation is permitted, even in time of war.

Unlike ordinary customary law, which has traditionally required consent, and allows the alteration of its obligations between states through treaties, jus cogens comprises peremptory

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll