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date: 30 November 2020

Abstract and Keywords

This chapter examines the concept of jus cogens in relation to the use of armed force. It first considers whether the prohibition of the use of armed force possesses the status of a peremptory norm before looking into the jus cogens restrictions associated with the peremptory prohibition of the use of armed force or aggression, together with its relationship to accepted or claimed exceptions. The chapter then focuses on the circumstances precluding wrongfulness countermeasures, consent and necessity, as they relate to the peremptory prohibition. Finally, it discusses jus cogens demands for forcible action arising from peremptory norms, such as armed intervention to stop genocide.

Keywords: jus cogens, peremptory norm, prohibition, armed force, aggression, circumstances precluding wrongfulness, consent, countermeasures, necessity, forcible action, genocide

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