Jus cogens, pronounced /jʌs ˈkɒdʒɛnz/, is a Latin phrase used in international law to refer to a fundamental principle or norm that is considered to be universally recognized and binding. The word "jus" is pronounced as "yooz" and means "law" in Latin, while "cogens" is pronounced as "koh-gen-z" and means "compelling" or "forceful". Due to its important legal significance, it is essential to spell and pronounce jus cogens accurately in order to properly understand and apply its legal implications in the international legal system.
Jus cogens refers to a fundamental principle or norm of international law that is considered to be peremptory in nature and is binding on all states, regardless of their consent. The term "jus cogens" is derived from Latin, where "jus" means "law" and "cogens" means "compelling" or "binding."
Jus cogens principles are regarded as non-derogable and absolute, meaning that they cannot be set aside or overridden by any conflicting treaty or customary law. These principles are considered to be the highest form of legal standards in international law and are based on values that are universally recognized and accepted by the international community.
Some examples of jus cogens principles include the prohibition of torture, slavery, genocide, aggression, and crimes against humanity. These principles reflect fundamental human rights and are considered to be essential for the maintenance of a just and civilized international order.
States have a legal obligation to respect and uphold jus cogens principles, and any act or treaty that violates these principles is considered null and void. Furthermore, states must cooperate with each other in suppressing any act that violates jus cogens norms.
The recognition and development of jus cogens principles have evolved over time through state practice, judicial decisions, and treaties. They reflect the recognition that certain values, such as those outlined in international human rights instruments, are so important that they must be upheld and protected by all states, regardless of their domestic laws or international commitments.
The term "jus cogens" is derived from Latin. "Jus" in Latin means "law" or "right", and "cogens" comes from the Latin word "cogere", which means "to compel" or "to enforce". Therefore, "jus cogens" translates to "compelling law" or "peremptory law" in English.