Portal de Periódicos da CAPES

International Crimes: "Jus Cogens" and "Obligatio Erga Omnes"

1996; Duke University School of Law; Volume: 59; Issue: 4 Linguagem: Inglês

10.2307/1192190

1945-2322

M. Cheríf Bassiouni,

Global Peace and Security Dynamics

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.