PEREMPTORY NORM Meaning and
Definition
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A peremptory norm refers to a fundamental and universal rule or principle of international law that is considered to be non-derogable and non-negotiable. It is also commonly known as jus cogens, which translates to "compelling law" in Latin. Peremptory norms are obligations that apply to all states and individuals, regardless of their consent or recognition. They are norms that have attained a higher status compared to customary or treaty law.
Peremptory norms encompass fundamental values that are considered essential for maintaining peace, stability, and justice among states and in the international community as a whole. These norms typically prohibit certain egregious acts, such as genocide, torture, slavery, piracy, and aggression, which are universally condemned. Additionally, peremptory norms may encompass principles such as the right to self-determination, protection of basic human rights, and the prohibition of racial discrimination.
One of the distinct characteristics of peremptory norms is that they cannot be overridden or modified by any treaty or customary law inconsistent with them. They prevail over other norms and can even invalidate agreements between states if they violate these core principles. Moreover, states cannot grant consent or withhold recognition to escape their obligations under peremptory norms.
The concept of peremptory norms has evolved over time, recognizing a set of universally recognized principles that safeguard the fundamental values and interests of the international community. Their existence and application have become vital in ensuring the stability, coherence, and legitimacy of the international legal order.
Etymology of PEREMPTORY NORM
The word "peremptory" originates from the Latin word "peremptorius", meaning "destructive" or "decisive". It evolved from the Latin verb "perimere", which means "to destroy" or "to stop". In English, "peremptory" came to mean "final" or "decisive".
The term "norm" on the other hand comes from the Latin word "norma", meaning "rule" or "pattern". It later expanded its meaning to refer to accepted social or moral standards.
So, combining "peremptory" and "norm", a "peremptory norm" refers to a decisive or absolute rule or standard that must be followed without exceptions. It is a binding principle or guideline that carries an obligation for compliance.
