International Crimes: "Jus Cogens" and "Obligatio Erga Omnes"
Author(s) -
M. Cheríf Bassiouni
Publication year - 1996
Publication title -
law and contemporary problems
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.229
H-Index - 37
eISSN - 1945-2322
pISSN - 0023-9186
DOI - 10.2307/1192190
Subject(s) - political science , law
International crimes that rise to the level of jus cogens constitute obligatio erga omnes which are inderogable. Legal obligations which arise from the higher status of such crimes include the duty to prosecute or extradite, the nonapplicability of statutes of limitations for such crimes, the non-applicability of any immunities up to and including Heads of State, the non-applicability of the defense of “obedience to superior orders” (save as mitigation of sentence), the universal application of these obligations whether in time of peace or war, their non-derogation under “states of emergency,” and universal jurisdiction over perpetrators of such crimes.
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