"' Article 15 "'prohibits prosecutions under Ex post facto law and the imposition of general principles of law recognized by international community . ( jus cogens)
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However, states that object to customary international law before these laws may not be bound by them unless these laws are deemed to be " jus cogens ".
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Cherif Bassiouni, however, has posited that, at least with regard to international crimes, it is not only a rule of customary international law but a jus cogens principle.
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The evidence supporting the emergence of a rule of " jus cogens " will be essentially similar to that required to establish the creation of a new rule of customary international law.
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However, other aspects of international law are not consent-based but still are obligatory upon state and non-state actors such as customary international law and peremptory norms ( " jus cogens " ).
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Sovereignty has taken on a different meaning with the development of the principle of self-determination and the prohibition against the threat or use of force as " jus cogens " norms of modern international law.
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Addressing the second strand, the court distinguished between procedural and substantive rules and found that there was no conflict between substantive " jus cogens " prohibitions on enslavement, for instance, and procedural state immunity.
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The fifth is that the right of self-determination, which the ICJ found to be jus cogens in the East Timor case, is a right of all peoples, not only of those in a colonial context.
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Some customary international laws rise to the level of " jus cogens " through acceptance by the international community as non-derogable rights, while other customary international law may simply be followed by a small group of states.
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Merkel J dissented, finding that customary international law was incorporated into Australian law because of its status as jus cogens, but ultimately found that, because the respondents had no intent to commit genocide, the appellants'claim failed.
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