خلاصة:
The international community, by adopting from national legal systems, has introduced some principles and mandatory rules in international law. In this approach, some norms have been placed before governments as a guarantor of values, public order, and vital interests of society, which are known as compulsory rights or imperative rules of international law. These rules have their own specific process for emergence, which seems to be a separate path from the formal sources of classical international law, namely those mentioned in Article 38 of the Statute of the International Court of Justice. On the other hand, the ambiguity and generality of the concept of imperative rules have made the realization of their purpose problematic, and this is what reveals the necessity of explaining and addressing them.
ملخص الجهاز:
Representatives of some states at the 1969-1968 Vienna Conference, which led to the conclusion of the 1969 Vienna Convention, considered peremptory norms to originate from the conscience of humanity and, in other words, beyond the authority of states; For example, the representative of Mexico stated: “Imperative rules are those that arise from principles that the legal conscience of humanity absolutely considers essential for coexistence in the international community at a certain point in the course of its history” (294.
The perception of peremptory norms as general principles of law cannot be without flaws, because the general principles of law referred to in Article 38 of the Statute of the International Court of Justice are derived from the induction of domestic legal systems; while the peremptory norm (according to Article 53 of the Vienna Convention) is a rule that is identified by the “international community of states as a whole.
Although there may have been a precedent in other legal sources on the subject before the formation of such a norm, and in other words, the content of the obligation under the two categories of rules, namely peremptory and ordinary (including treaties, custom, or general principles of law), may be the same, one should not ignore the different nature of each rule and the obligation arising from them.
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