1. JUS COGENS AND OBLIGATIO ERGA OMNES Overwhelmingly compelling principles Not clear what it means 1.1 Characteristics Affects interests of gentle beings as a whole because it threatens the pause/security of piece kind [eg. slaveholding lessens us on the whole as humans] Shocks sense of right and wrong of humanity Widely interdict in international law Crime in near states (ie under their domestic law) many prosecutions 1.2 What does it include?
Examples of things that ar jus cogens Slavery Piracy Genocide Bosnia and Herzogovina v Yugoslavia ICJ 19 96 Croatia v Yugoslavia on-going at ICJ Democratic body politic of Congo v Rwanda ongoing at ICJ Other things that could be jus cogens war abhorrences and crimes against humanity suppression against racial discrimination (probably not) Usage of common inheritance aras Things that arent jus cogens Geneva conventions ie protection of rights of persons in time of peace and war Emergence Mostly through custom because they airlift where states are particularly concerned with a problem everywhere a number of years/decades and thus decide to do mostthing approximately it Can emerge from treaties or perhaps in other ways Terrorism Not established as definitely jus cogens, but some argue it is Not tear down an international crime yet 1.3 Obligatio erga omnes Things that are jus cogens impose compact erga omnes: Obligatio erga omnes things that we in all do amongst us all we all aid them eg anyone can arr! est a forager (even if the attacked ship was not from that state) entirely states will agree that the crime is equally dreadful, equally in need of punishment Described in SG at obligations in which all states have a judicial interest and which all states should enforce 2. PIRACY Piracy hotspots: Indonesia Thailand Red sea westernmost African coast Rio and other small...If you want to get a full essay, effectuate it on our website: BestEssayCheap.com
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