JUS COGENS - IMMUTABLE TO CHANGE OR NOT?

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.