International Law Commission International Law Commission

Last update: February 15, 2024

Analytical Guide to the Work of the International Law Commission

Peremptory norms of general international law (Jus cogens)*

* At its sixty-ninth session, in 2017, the Commission decided to change the title of the topic from “jus cogens” to “peremptory norms of general international law (jus cogens).

See also: Summary | Texts and Instruments

Mandate

Studies undertaken by the Secretariat and Reports of the Secretary-General

None

Reports of the Working Group or Sub-Committee

None

Reports of the Special Rapporteur

  • Overview of debate in the Sixth Committee on the topic, discussion of the methodological approach, the historical evolution of the concept of jus cogens, the legal nature of jus cogens, the form of the Commission’s product, proposals for draft conclusions 1 to 3, and future work.
    • First report of the Special Rapporteur, Mr. Dire Tladi (68th session of the ILC (2016))
  • Consideration of criteria for jus cogens: a norm of general international law, and recognition an acceptance. Proposals for draft conclusions 4 (Criteria for jus cogens), 5 (Jus cogens norms as norms of general international law), 6 (Acceptance and recognition as a criterion for the identification of jus cogens), 7 (International community of States as a whole), 8 (Acceptance and recognition), and 9 (Evidence of acceptance and recognition).
    • Second report of the Special Rapporteur, Mr. Dire Tladi (69th session of the ILC (2017))
  • Consideration of the consequences of peremptory norms of general international law (jus cogens). Proposals for draft conclusions 10 (invalidity of a treaty in conflict with a peremptory norm of general international law (jus cogens)); 11 (severability of treaty provisions in conflict with peremptory norm of general international law (jus cogens)); 12 (elimination of consequences of acts performed in reliance of invalid treaty); 13 (effects of peremptory norms of general international law (jus cogens) on reservations to treaties); 14 (Recommended procedure regarding settlement of disputes involving conflict between a treaty and a peremptory norm of general international law (jus cogens)); 15 (Consequences of peremptory norms of general international law (jus cogens) for customary international law); 16 (Consequences of peremptory norms of general international law (jus cogens) on unilateral acts); 17 (Consequences of peremptory norms of general international law (jus cogens) for binding resolutions of international organizations); 18 (the relationship between peremptory norms of general international law (jus cogens) and obligations erga omnes); 19 (effects of peremptory norms of general international law (jus cogens) on circumstances precluding wrongfulness); 20 (duty to cooperate); 21 (duty not to recognize or render assistance); 22 (duty to exercise domestic jurisdiction over crimes prohibited by peremptory norms of general international law (jus cogens)); and 23 (irrelevance of official position and non-applicability of immunity ratione materiae).
    • Third report of the Special Rapporteur, Mr. Dire Tladi (70th session of the ILC (2018))
  • Overview of debate on the third report, in the ICL and Sixth Committee in 2018. Consideration of the question of the existence of regional jus cogens. Discussion of the inclusion of an illustrative list, including of norms previously recognized by the Commission as possessing peremptory character. Proposal for draft conclusion 24 (Non-exhaustive list of peremptory norms of general international law (jus cogens)).
    • Fourth report of the Special Rapporteur, Mr. Dire Tladi (71st session of the ILC (2019))
  • Consideration of the comments made by States on the draft conclusions on peremptory norms of general international law, as adopted on first reading in 2019, together with proposals for modification of selected draft conclusions. Recommendation of the Special Rapporteur on the final outcome of the work on the topic.
    • Fifth report of the Special Rapporteur, Mr. Dire Tladi (73rd session of the ILC (2022))

Reports of the Drafting Committee

 
 
 
  • 71st session of the International Law Commission (2019)
    • Text of the draft conclusions and draft annex provisionally adopted by the Drafting Committee on first reading
    • Statement of the Chair of the Drafting Committee
  • 73rd session of the International Law Commission (2022)
    • Texts of the draft conclusions and Annex adopted by the Drafting Committee on second reading
    • Statement of the Chair of the Drafting Committee

Comments by Governments

 
 
 

Other

None

Reports of the International Law Commission

  • Report of the International Law Commission on the work of its sixty-eighth session, 2 May–10 June and 4 July–12 August 2016
    • The Commission had before it the first report of the Special Rapporteur (A/CN.4/693).
    • The Commission considered the first report at its 3314th to 3317th, and 3322nd and 3323rd meetings, from 4 to 8, and 18 and 19 July 2016.
    • At its 3323rd meeting, on 19 July 2016, the Commission referred draft conclusions 1 and 3, as contained in the Special Rapporteur’s first report, to the Drafting Committee.
    • At its 3342nd meeting, on 9 August 2016, the Chair of the Drafting Committee presented an interim report of the Drafting Committee on “Jus cogens”, containing the draft conclusions it provisionally adopted at the sixty-eighth session.
    • Discussion in Plenary: 3314th, 3315th, 3316th, 3317th (4 to 8 July), 3322nd, 3323rd (18 and 19 July) and 3342nd (9 August 2016) meetings.
  • ILC Report, A/71/10, 2016, chap. IX, paras. 97–138
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/703)
  • Report of the International Law Commission on the work of its sixty-ninth session, 1 May–2 June and 3 July–4 August 2017
    • The Commission had before it the second report of the Special Rapporteur (A/CN.4/706).
    • The Commission considered the second report at its 3368th to 3370th, and 3372nd to 3374th meetings, from 3 to 5, and 11 to 13 July 2017.
    • At its 3374th meeting, on 13 July 2017, the Commission referred draft conclusions 4 to 9, as contained in the Special Rapporteur’s second report, to the Drafting Committee. At the same meeting, the Commission decided to change the title of the topic from “Jus cogens” to “Peremptory norms of general international law (jus cogens)”.
    • At its 3382nd meeting, on 26 July 2017, the Chair of the Drafting Committee presented an interim report of the Drafting Committee on “Peremptory norms of general international law (jus cogens)”, containing the draft conclusions that it had provisionally adopted at the sixty-ninth session. The report was presented for information only.
    • Discussion in Plenary: 3368th, 3369th, 3370th, 3372nd, 3373rd, 3374th (3 to 13 July 2017), and 3382nd (26 July 2017) meetings.
  • ILC Report, A/72/10, 2017, chap. VIII, paras. 142–210
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/713)
  • Report of the International Law Commission on the work of its seventieth session, 30 April–1 June and 2 July–10 August 2018
    • The Commission had before it the third report of the Special Rapporteur (A/CN.4/714 and Corr.1).
    • The Commission considered the third report at its 3414th to 3421st, and 3425th meetings, on 30 May and 1 June 2018, and from 2 to 4 and on 9 July 2018.
    • At its 3425th meeting, on 9 July 2018, the Commission referred draft conclusions 10 to 23, as contained in the Special Rapporteur’s third report, to the Drafting Committee on the understanding that draft conclusions 22 and 23 would be dealt with by means of a “without prejudice” clause.
    • At its 3402nd meeting, on 14 May 2018, the Chair of the Drafting Committee presented an interim report of the Drafting Committee on “Peremptory norms of general international law (jus cogens)”, concerning draft conclusions 8 and 9 that it had provisionally adopted at the seventieth session. At the 3434th meeting, on 20 July 2018, the Chair of the Drafting Committee presented a further interim report of the Drafting Committee, concerning draft conclusions 10 to 14 that it had provisionally adopted at the seventieth session. Both reports were presented for information only.
  • Discussion in Plenary: 3402nd, 3414th, 3415th, 3416th, 3417th, 3418th, 3419th, 3420th, 3421st, 3425th (14 and 30 May, 1 June and 2 to 4 and 9 July 2018), and 3434th (20 July 2018) meetings.
  • ILC Report, A/73/10, 2018, chap. VIII, paras. 91–163
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/724)
  • Report of the International Law Commission on the work of its seventy-first session, 29 April–7 June and 8 July–9 August 2019
    • The Commission had before it the fourth report of the Special Rapporteur (A/CN.4/727).
    • The Commission considered the fourth report at its 3459th to 3463rd, and 3465th meetings, from 8 to 10 May, and from 14 to 16 May 2019.
    • At its 3465th meeting, on 16 May 2019, the Commission referred draft conclusion 24, as contained in the Special Rapporteur’s fourth report, to the Drafting Committee on the understanding that the list contained in the draft conclusion would be moved to an annex and that it would be limited to those peremptory norms of general international law (jus cogens) that the Commission had previously referred to.
    • The Commission considered the report of the Drafting Committee (A/CN.4/L.936) at its 3472nd meeting, held on 31 May 2019, and adopted the draft conclusions on peremptory norms of general international law (jus cogens) on first reading.
    • At its 3499th to 3504th meetings, from 5 to 7 August 2019, the Commission adopted the commentaries to the draft conclusions.
    • At its 3504th meeting, on 7August 2019, the Commission decided, in accordance with articles 16 to 21 of its statute, to transmit the draft conclusions, through the Secretary-General, to Governments for comments and observations, with the request that such comments and observations be submitted to the Secretary-General by 1 December 2020.
  • Discussion in Plenary: 3459th, 3460th, 3461st, 3462nd, 3463rd, 3465th meetings (from 8 to 10 May, and from 14 to 16 May 2019), 3472nd (31 May 2019), 3499th, 3500th, 3501st, 3502nd, 3503rd and 3504th meetings (from 5 to 7 August 2019).
  • ILC Report, A/74/10, 2019, chap. V, paras. 46–57
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/734)
  • Report of the International Law Commission on the work of its seventy-third session, 18 April to 3 June and from 4 July to 5 August 2022
    • The Commission had before it the fifth report of the Special Rapporteur (A/CN.4/747), as well as comments and observations received from Governments (A/CN.4/748).
    • The Commission considered the fifth report at its 3564th to 3570th meetings, from 19 to 27 April 2022.
    • Following its debate on the report, the Commission, at its 3570th meeting, held on 27 April 2022, decided to refer draft conclusions 1 to 23, together with the annex, as contained in the Special Rapporteur’s fifth report, to the Drafting Committee, taking into account the debate in the Commission.
    • At its 3582nd meeting, held on 17 May 2022, the Commission considered the report of the Drafting Committee (A/CN.4/L.967), and adopted the draft conclusions on identification and legal consequences of peremptory norms of general international law (jus cogens), including the annex containing a non-exhaustive list of peremptory norms of general international law (jus cogens).
    • At its 3595th to 3601st meetings, held from 22 to 27 July 2022, the Commission adopted the commentaries to the draft conclusions.
    • At its 3601st meeting, on 27 July 2022, the Commission decided, in accordance with article 23 of its statute, to recommend that the General Assembly:
      • take note of the draft conclusions of the International Law Commission on identification and legal consequences of peremptory norms of general international law (jus cogens), annex the draft conclusions to the resolution, and ensure their widest dissemination;
      • commend the draft conclusions and annex, together with the commentaries thereto, to the attention of States and to all who may be called upon to identify peremptory norms of general international law (jus cogens) and to apply their legal consequences.
  • Discussion in Plenary: 3564th, 3565th, 3566th, 3567th, 3568th, 3569th and 3570th (from 19 to 27 April 2022), 3582nd (17 May 2022), 3595th, 3596th, 3597th, 3598th, 3599th, 3600th and 3601st (from 22 to 27 July 2022) meetings.
  • ILC Report, A/77/10, 2022, chap. IV, paras. 32–44

General Assembly Action

  • Resolution 70/236 of 23 December 2015
    • Took note of the decision of the International Law Commission to include the topic in its programme of work.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/689)
  • Resolution 74/186 of 18 December 2019
    • Expressed its appreciation to the International Law Commission for the work accomplished at its seventy-first session, and noted the completion of first reading of the draft conclusions on peremptory norms of general international law (jus cogens).
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/734)
  • Resolution 75/135 of 15 December 2020
    • Drew the attention of Governments to the importance for the International Law Commission of having their comments and observations on the draft conclusions on peremptory norms of general international law (jus cogens) adopted on first reading by the Commission at its seventy-first session, and took note of the extension of the deadline to 30 June 2021 for Governments, to submit comments and observations to the Secretary-General.
  • See the website of the Sixth Committee of the General Assembly and the topical summary of debate in the Sixth Committee (A/CN.4/734/Add.1)

Final Outcome

International Law Commission (73rd session, 2022)

  • The Commission adopted the draft conclusions on identification and legal consequences of peremptory norms of general international law (jus cogens), together with commentaries.
  • The Commission decided, in conformity with article 23 of its statute, to recommend that the General Assembly:
    • take note of the draft conclusions of the International Law Commission on identification and legal consequences of peremptory norms of general international law (jus cogens), annex the draft conclusions to the resolution, and ensure their widest dissemination;
    • commend the draft conclusions and annex, together with the commentaries thereto, to the attention of States and to all who may be called upon to identify peremptory norms of general international law (jus cogens) and to apply their legal consequences.
 

General Assembly

  • Resolution 77/103 of 7 December 2022
    • Expressed its appreciation to the International Law Commission for the work accomplished at its seventy-third session, and noted in particular:
      • (a) The completion of the second reading of the draft conclusions on identification and legal consequences of peremptory norms of general international law (jus cogens) and the commentaries thereto….
    • Decided that the consideration of chapter IV of the report of the International Law Commission on the work of its seventy-third session, dealing with the topic “Peremptory norms of general international law (jus cogens)”, would be continued at the seventy-eighth session of the General Assembly, during the consideration of the report of the Commission on the work of its seventy-fourth session.
  • See the website of the Sixth Committee of the General Assembly