Article 53 VCLT defines JUS COGENS (peremptory norm of general international law) as a norm:
Answer & Solution
Correct answer: B.
1. Article 53 VCLT: 'A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purposes of the present Convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.'
2. Examples of jus cogens norms generally accepted: prohibition of aggression, prohibition of genocide, prohibition of slavery, prohibition of torture, prohibition of racial discrimination.
3. ILC's Draft Conclusions on Identification of Jus Cogens (2022) elaborate the concept.
4. Article 64 VCLT: emergence of a new peremptory norm voids treaties conflicting with it.
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / ICJ Statute / ARSIWA 2001 — Vienna Convention on the Law of Treaties 1969, Article 53_
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