States can deviate from customary international law by enacting treaties and conflicting laws, but " jus cogens " are non-derogable.
12.
Also, rules of the " jus cogens " have a universal character and apply to all states, irrespective of their wishes.
13.
Indeed, " jus cogens " could be thought of as a special principle of custom with a superadded " opinio juris ".
14.
Certain norms of international law achieve the binding force of peremptory norms ( " jus cogens " ) as to include all states with no permissible derogations.
15.
In the " Nicaragua " case, the parties were in agreement that the prohibition constituted a peremptory norm, or " jus cogens ".
16.
They advocate a type of judicial review that at heart is very similar to the approach taken by the Court of First Instance under the heading of jus cogens.
17.
M . Cherif Bassiouni argues that crimes against humanity are part of " jus cogens " and as such constitute a non-derogable rule of international law.
18.
All " jus cogens " are customary international law through their adoption by states, but not all customary international laws rise to the level of peremptory norms.
19.
The UN Sub-Commission on the Promotion and Protection of Human Rights maintains that the death penalty for juveniles has become contrary to a jus cogens of customary international law.
20.
The only limit to " pacta sunt servanda " are the peremptory norms of general international law, called " jus cogens " ( compelling law ).
