Export your learner materials as an interactive game, a webpage, or FAQ style cheatsheet.
Unsaved Work Found!
It looks like you have unsaved work from a previous session. Would you like to restore it?
Total Categories: 7
A peremptory norm, also known as jus cogens, is a principle of international law from which no deviation is permitted.
Answer: True
Peremptory norms, or jus cogens, represent fundamental principles of international law that are non-derogable, meaning no exceptions or deviations are permissible.
Peremptory norms are explicitly listed in a universally agreed-upon document, ensuring clarity on their application.
Answer: False
There is no single, universally agreed-upon document that exhaustively lists all peremptory norms. Their identification often arises from judicial decisions and evolving international consensus.
Peremptory norms can only be modified by a subsequent norm possessing the same peremptory character.
Answer: True
The Vienna Convention on the Law of Treaties posits that a peremptory norm can only be modified by a subsequent norm of general international law that possesses the same character.
The Latin term 'jus cogens' translates to 'optional law' in English.
Answer: False
The Latin term 'jus cogens' translates to 'compelling law' or 'binding law' in English, signifying its authoritative and non-derogable nature.
The concept of an 'entrenched clause' in law is unrelated to the non-derogable nature of peremptory norms.
Answer: False
The concept of an 'entrenched clause,' which is protected against easy amendment, shares conceptual similarities with the non-derogable nature of peremptory norms.
What is the primary defining characteristic of a peremptory norm (jus cogens)?
Answer: No derogation or violation is permitted, making it unchangeable by ordinary means.
The fundamental characteristic of a peremptory norm (jus cogens) is its non-derogable nature; no deviation or violation is permitted, distinguishing it from other forms of international law.
What criticism is mentioned regarding the concept of peremptory norms?
Answer: They can seem at odds with the traditionally consensual basis of international law.
A criticism leveled against peremptory norms is that their non-consensual, hierarchical nature can appear to conflict with the traditional emphasis on state consent and consensus in international law.
What does the term 'jus cogens' literally translate to in English?
Answer: Compelling law
The Latin term 'jus cogens' translates directly to 'compelling law' in English, reflecting its authoritative and binding nature in international law.
Genocide, slavery, and maritime piracy are examples of norms generally accepted as peremptory.
Answer: True
The prohibitions against genocide, slavery (including the slave trade), and maritime piracy are widely recognized as peremptory norms of international law.
The prohibition against torture is considered a rule of customary international law that has achieved jus cogens status.
Answer: True
The prohibition of torture is widely recognized as a norm of customary international law that has attained the status of jus cogens, meaning it is a peremptory norm.
The *Filártiga v. Peña-Irala* case described torturers as *hostis humani generis*, meaning 'friends of the human race'.
Answer: False
In the *Filártiga* case, torturers were described as *hostis humani generis*, which translates to 'enemy of all mankind,' not 'friends of the human race'.
International tribunals have ruled that states may acquire territory through aggressive war if it is recognized by a majority of states.
Answer: False
International tribunals have determined that acquiring territory through aggressive war is impermissible, as it violates a peremptory norm.
Which of the following is generally accepted as an example of a peremptory norm?
Answer: The prohibition of genocide.
The prohibition of genocide is universally recognized as a peremptory norm of international law, reflecting a fundamental value that cannot be overridden.
Which of the following prohibitions is cited as an example of a peremptory norm related to refugees?
Answer: Refoulement
The prohibition against refoulement, the forced return of refugees or asylum seekers to a place where they face persecution, is considered a peremptory norm.
What does the term 'refoulement' refer to in the context of peremptory norms?
Answer: The forced return of refugees or asylum seekers to a place where they face persecution.
'Refoulement' refers to the practice of forcibly returning individuals, particularly refugees or asylum seekers, to territories where they risk persecution, a prohibition widely considered a peremptory norm.
Which of the following is NOT listed as a generally accepted peremptory norm in the provided text?
Answer: Prohibition against violating trade agreements
While prohibitions against aggression, refoulement, and piracy are generally accepted as peremptory norms, violations of trade agreements are typically governed by treaty law and do not possess jus cogens status.
The conceptual basis for peremptory norms can be traced back to the late 19th century.
Answer: False
The conceptual roots of peremptory norms, grounded in natural law principles, can be traced back to the mid-18th century, predating the late 19th century.
Article 53 of the Vienna Convention on the Law of Treaties declares that any treaty conflicting with a peremptory norm is valid.
Answer: False
Article 53 of the Vienna Convention on the Law of Treaties explicitly states that any treaty conflicting with a peremptory norm of general international law is void.
The Vienna Convention on the Law of Treaties provides an exhaustive list of all peremptory norms.
Answer: False
The Vienna Convention on the Law of Treaties does not provide an exhaustive list of peremptory norms; it primarily defines their legal effect on treaties.
The Permanent Court of International Justice explicitly used the term 'peremptory norm' in its early decisions.
Answer: False
While early decisions, such as the S.S. Wimbledon case, hinted at principles superior to state sovereignty, the term 'peremptory norm' was not explicitly used by the Permanent Court of International Justice.
The concept of peremptory norms was primarily championed by major Western powers during the 1960s negotiations for the Vienna Convention.
Answer: False
The concept of peremptory norms was notably championed by Third World and socialist states during the Vienna Convention negotiations, seeking to establish fundamental principles against potential dominance by major powers.
The prohibition against the threat or use of force is mentioned in the Vienna Convention as potentially related to peremptory norms.
Answer: True
The Vienna Convention on the Law of Treaties mentions the prohibition on the threat or use of force as being related to peremptory norms.
The conceptual roots of peremptory norms are often traced back to principles found in which historical legal tradition?
Answer: Natural Law
The conceptual foundations of peremptory norms are frequently linked to principles derived from natural law, as discussed in seminal works from the 18th century.
What is the significance of Article 53 of the Vienna Convention on the Law of Treaties regarding peremptory norms?
Answer: It establishes that treaties conflicting with peremptory norms are void.
Article 53 of the Vienna Convention on the Law of Treaties formally recognized the supremacy of peremptory norms by declaring that any treaty conflicting with such a norm is void.
Who were the main advocates for including the concept of peremptory norms in the Vienna Convention on the Law of Treaties?
Answer: Representatives from socialist and Third World states.
The inclusion of peremptory norms in the Vienna Convention was significantly driven by representatives from socialist and Third World states, who sought to establish fundamental legal principles resistant to unilateral modification.
According to the Vienna Convention, how can a peremptory norm be changed or modified?
Answer: Only by a subsequent norm of general international law that possesses the same peremptory character.
The Vienna Convention stipulates that a peremptory norm can only be modified by another norm of general international law that itself possesses peremptory character, ensuring continuity of fundamental principles.
The S.S. Wimbledon case, decided by the Permanent Court of International Justice, hinted at the existence of peremptory norms by suggesting that:
Answer: State sovereignty is not inalienable and can be subject to higher principles.
The S.S. Wimbledon case suggested that state sovereignty is not absolute and can be limited by higher legal principles, foreshadowing the concept of peremptory norms.
The Vienna Convention on the Law of Treaties mentions prohibitions related to peremptory norms, including:
Answer: The threat or use of force and the use of coercion to conclude an agreement.
The Vienna Convention on the Law of Treaties references prohibitions related to peremptory norms, such as the threat or use of force and the use of coercion to conclude an agreement.
What is the significance of Vattel's *The Law of Nations* (1758) in relation to peremptory norms?
Answer: It contained discussions rooted in natural law that foreshadowed the concept of peremptory norms.
Vattel's *The Law of Nations*, along with works like Wolff's *Jus Gentium*, contained discussions grounded in natural law that anticipated the idea of fundamental, unchangeable principles in international relations, thus foreshadowing peremptory norms.
In the *Prosecutor v. Furundžija* case, the ICTY ruled that the prohibition of torture is NOT a peremptory norm.
Answer: False
The International Criminal Tribunal for the former Yugoslavia (ICTY), in *Prosecutor v. Furundžija*, affirmed that the prohibition of torture is indeed a jus cogens norm.
The *Michael Domingues v. United States* case involved a ruling on the jus cogens prohibition against the execution of adults who committed crimes before turning 18.
Answer: False
The *Michael Domingues* case concerned the prohibition against the execution of *juvenile* offenders (those under 18 at the time of the crime), not adults.
Following the *Domingues* case, the United States Supreme Court banned the execution of all offenders, regardless of age.
Answer: False
The U.S. Supreme Court case *Roper v. Simmons* (which followed the *Domingues* case's influence) banned the execution of juvenile offenders, not all offenders regardless of age.
Peremptory norms are considered a primary source of international criminal law according to the navbox on the topic.
Answer: True
The provided navbox information lists peremptory norms as one of the primary sources of international criminal law, underscoring their foundational importance.
What did international tribunals determine regarding a state's ability to acquire territory through war?
Answer: It is impermissible, as it violates a peremptory norm.
International tribunals have consistently held that the acquisition of territory through war is impermissible, constituting a violation of a peremptory norm.
Since the Nuremberg Trials, there has been increasing acceptance that certain peremptory norms:
Answer: Define criminal offenses enforceable against individuals.
Following the Nuremberg Trials, there has been a growing consensus that certain peremptory norms establish individual criminal responsibility for egregious violations.
The ICTY, in *Prosecutor v. Furundžija*, affirmed that the prohibition of torture:
Answer: Is a jus cogens norm.
The ICTY explicitly ruled in *Prosecutor v. Furundžija* that the prohibition of torture constitutes a jus cogens norm.
The *Roper v. Simmons* case in the United States, which banned the execution of juvenile offenders, cited which factor as a reason for the ban?
Answer: Evolving international norms and standards.
The U.S. Supreme Court in *Roper v. Simmons* cited evolving international norms and standards, including the widespread international opposition to executing juvenile offenders, as a key factor in its decision.
Which historical international tribunal is mentioned as a key source for modern international criminal law, dealing with atrocities that foreshadowed the concept of peremptory norms?
Answer: The International Military Tribunal (Nuremberg Trials)
The International Military Tribunal at the Nuremberg Trials is cited as a foundational source for modern international criminal law and dealt with atrocities that highlighted the need for norms akin to peremptory norms.
What is the role of 'case law' and 'evolving societal attitudes' in the recognition of peremptory norms?
Answer: They are the primary mechanisms through which norms achieve peremptory status, as there is no definitive list.
In the absence of a definitive list, judicial decisions (case law) and evolving international consensus (societal attitudes) play crucial roles in identifying and establishing norms as having peremptory status.
Peremptory norms challenge traditional notions of state sovereignty by imposing fundamental obligations that states cannot override.
Answer: True
Peremptory norms impose fundamental obligations that transcend state consent and cannot be overridden by treaties or domestic law, thereby challenging absolute state sovereignty.
Peremptory norms typically create 'erga omnes' obligations, meaning duties owed only to a specific group of states.
Answer: False
'Erga omnes' obligations, often stemming from peremptory norms, are duties owed by states to the international community as a whole, not just to a specific group.
Universal jurisdiction allows a state to prosecute crimes only if they occurred within its own territory.
Answer: False
Universal jurisdiction permits a state to prosecute certain international crimes regardless of where the crime occurred or the nationality of the perpetrator or victim.
What does the Latin term *hostis humani generis* signify in the context of international law, as mentioned in the *Filártiga* case?
Answer: Enemy of all mankind
*Hostis humani generis* is a Latin phrase meaning 'enemy of all mankind,' used to describe individuals committing crimes so heinous they are considered enemies of the entire international community.
Which of the following is listed as a 'Related concept' to international criminal law in the provided navbox information?
Answer: Universal jurisdiction
Universal jurisdiction is listed as a related concept to international criminal law, often applied in cases involving violations of peremptory norms.
What is the main implication of peremptory norms for state sovereignty?
Answer: They subordinate state sovereignty to universally accepted fundamental principles that cannot be overridden.
Peremptory norms imply that state sovereignty is not absolute; it is limited by fundamental principles that states cannot override, thereby subordinating state will to higher international law.
The concept of 'erga omnes' obligations, often linked to peremptory norms, refers to:
Answer: Obligations owed by states to the international community as a whole.
'Erga omnes' obligations are duties that states owe to the entire international community, meaning any state can invoke responsibility for their breach, often associated with peremptory norms.
The concept of 'universal jurisdiction' is closely related to peremptory norms because:
Answer: It allows any state to prosecute violations of peremptory norms, regardless of where they occurred.
Universal jurisdiction enables any state to prosecute perpetrators of certain heinous crimes, particularly those violating peremptory norms, irrespective of the crime's location or the nationality of those involved.
Ordinary customary international law holds the same non-derogable status as peremptory norms.
Answer: False
Ordinary customary international law can be modified or set aside by treaties between states. Peremptory norms, however, are superior and cannot be derogated from by any means.
Monism in international law views international law and domestic law as two separate and distinct legal systems.
Answer: False
Monism posits that international law and domestic law are part of a single, unified legal system, whereas dualism views them as separate.
'Opinio juris sive necessitatis' is a key element in establishing customary international law, signifying the belief that an action is legally required or permitted.
Answer: True
'Opinio juris sive necessitatis' refers to the belief that an action is undertaken due to a legal obligation or permission, which is a crucial component for forming customary international law.
How does a peremptory norm differ fundamentally from ordinary customary international law?
Answer: Ordinary customary law can be altered by treaties, but peremptory norms cannot be violated by any means.
The key distinction lies in their hierarchy: ordinary customary international law is subject to modification by treaties, whereas peremptory norms are non-derogable and superior to all other forms of international law.
The principle of 'dualism' in international law posits that:
Answer: International law and domestic law are two separate and distinct legal systems.
Dualism asserts that international law and domestic law constitute separate legal orders, requiring specific acts of incorporation for international norms to have effect within a national legal system.
The concept of 'ultra vires' in judicial interpretation refers to actions taken within the judge's legal authority.
Answer: False
'Ultra vires' signifies actions taken beyond legal authority or jurisdiction, not within it.
The 'mischief rule' in statutory interpretation focuses on the literal meaning of the words in a statute.
Answer: False
The mischief rule aims to interpret a statute by considering the problem or 'mischief' it was designed to address, rather than strictly adhering to its literal wording.
'Forum shopping' is a legal principle ensuring consistent application of law across jurisdictions.
Answer: False
'Forum shopping' refers to the practice of litigants choosing a jurisdiction with favorable laws or procedures, rather than a principle ensuring consistent application.
The 'golden rule' of statutory interpretation allows departure from literal meaning only if it leads to a clearly desirable outcome.
Answer: False
The golden rule permits departure from literal meaning primarily to avoid absurd, repugnant, or unjust outcomes, not merely desirable ones.
The sidebar on 'Judicial interpretation' lists 'kritarchy' as a form of legal interpretation.
Answer: True
The sidebar on 'Judicial interpretation' includes 'kritarchy' among the various forms and concepts related to legal interpretation.
What does the 'mischief rule' aim to achieve in statutory interpretation?
Answer: To interpret the statute in a way that corrects the specific problem or 'mischief' it was designed to address.
The mischief rule guides interpretation by focusing on the defect or 'mischief' a statute was intended to remedy, aiming for an interpretation that effectively addresses that specific problem.
The sidebar on 'Judicial interpretation' lists several theories, including 'originalism'. What does originalism generally focus on?
Answer: The perceived original meaning or intent of a legal text.
Originalism is a theory of interpretation that emphasizes understanding a legal text based on its perceived original meaning or the intent of its creators at the time of its enactment.