Torture as Jus Cogens Norm

• Author: Mirgen Prence
• Position: Lawyer
• Pages: 87-98

Abstract:

Article analyzes

importance lies in the fact

obligation erga omnes

whi

contribute to earlier studies

research about torture as

jus

the

analysis is based on the fo

be of special interest to the m

of torture protection in unive

competent authority to identi

Keywords:

protection of hum

1. Introduction

In article

53 Vienna Co

(jus cogens

) is defined

community of States as

and which can be modif

having t

he same charact

Art. 64 of Vienna Conv

international law emerg

becomes void and termi

An important question

competent authority to

of jus cogens

via acts

resolutions of their pol

1

L

awyer, Tirana Bar Associa

Iasi, Romania.

Correspondin

J

Torture as Jus Cogens Norm

Mirgen PRENCE

1

es the

jus cogens

norms and the legal effects produced

ct that international crimes that ri se to the level of

jus coge

hich are inderogable

from the all word countries. This s

es ded icated to the

jus cogens

norm. T his paper is based on

jus cogens

norm as part of the PhD thesis. In order to

achieve

e following methods: observation, comparison and case

-

law. T

e members of the judiciary, researchers and academics becau

iversal way without exception.

Its main contribution lies in ide

ntify

jus cogens norms.

human dignity; peremptory norm; criminal law

Convention, a peremptory norm of general intern

ed as a norm accepted and recognized by the in

as a whole as a norm from which no derogation is

dified only by a subsequent norm of general intern

acter.

onvention provides that if a new peremptory norm

erges, any existing treaty which is in conflict with

minates.

on arise from analize of th

e jus cogens

norm, w

to identify these norms? We could also envisage t

cts of international organizations, including in pa

political organs. The ICJ has expressed su

ch opi

ciation,

Albania, PhD Candidate of Law School, “Al. I. Cuza”

ing author:

prencemm@yahoo.com.

AUDJ, vol

. VII, no.

JURIDICA

87

orm

d by those. Its

ogens

constitute

study aims to

on the author’s

ve

better results

. The study may

ause of solution

identification of

rnati

onal law

international

n is permitted

ernational law

rm of general

ith that norm

, who is the

e the creation

particular by

opinion in its

a” University of

no.

2, pp. 87-98