Draft · Peremptory Norms of International Law
IUS COGENS Draft 2022
A milestone for indigenous peoples’ rights. This draft elaborates the concept of
peremptory norms of general international law (jus cogens) and its implications
for the protection of indigenous communities worldwide.
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Available in four languages. All files are in PDF format, accessible, and searchable.
At a Glance
- What is it?
A draft on peremptory norms (jus cogens) in international law, published in 2022. - Who is affected?
States, international courts, indigenous communities and their legal representatives. - Why it matters?
It strengthens the legal framework for non-derogable rights – a milestone for indigenous peoples.
About the Draft
The IUS COGENS Draft 2022 addresses the concept of peremptory norms of general international law – rules from which no derogation is permitted. It builds on decades of work by the International Law Commission and provides clarity on which norms are recognised as jus cogens.
Peremptory Norms and Indigenous Rights
For indigenous peoples, the draft is significant because it identifies core prohibitions – such as the prohibition of genocide, slavery, racial discrimination and the denial of self-determination – that cannot be set aside by any state. These norms reinforce the legal protection of indigenous communities even where national law falls short.
A Milestone for Indigenous Peoples’ Rights
The draft is regarded as a milestone because it consolidates the legal position that certain fundamental rights are non-negotiable. For indigenous peoples, this provides an additional layer of protection beyond treaties and declarations, and strengthens their position in international litigation and advocacy.
METADATEN
Issuer
International Law Commission
Published
2022
Status
Draft
Resolution
—
Languages
EN, DE, FR, ES
Document type
Draft conclusions
Last review
2024
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