VETOED VALUES: WHEN PEREMPTORY NORMS CLASH WITH POWER
VETOED VALUES: WHEN PEREMPTORY NORMS CLASH WITH POWER

Author(s): Andreea-Diana PANAIT
Subject(s): Politics / Political Sciences, Politics, Security and defense
Published by: Carol I National Defence University Publishing House
Keywords: veto power; jus cogens; peremptory norms; omission liability; mass atrocities;
Summary/Abstract: This article examines the legal significance and practical implications of jus cogens norms in international law. Jus cogens, or peremptory norms, are universally binding principles that no state can derogate from, even through treaties or agreements. Originating from natural law and entrenched in customary international law, these norms safeguard fundamental values such as the prohibition of genocide, torture, and other grave crimes. The article discusses how jus cogens norms constrain the actions of states and international bodies, including the United Nations Security Council (UNSC). Specifically, it analyzes the legal implications of UNSC vetoes that obstruct responses to mass atrocities, suggesting that such actions might constitute a violation of jus cogens. By exploring concepts like omission liability and paralleling domestic legal trends with those of the international order, the article argues that jus cogens norms play a crucial role in ensuring accountability and protecting the moral fabric of the international legal system, even against the backdrop of geopolitical interests.

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