IUS COGENS DRAFT 2022
A Milestone for Indigenous Peoples' Rights
A Milestone for Indigenous Peoples' Rights
IUS COGENS DRAFT 2022
International law forms the foundation of international relations and establishes norms and principles that are binding on all states. One of the highest legal sources within international law is Jus Cogens norms, which are universally applicable and cannot be deviated from. The Jus Cogens Draft of 2022, developed by the United Nations International Law Commission (ILC), represents a significant development. This draft has far-reaching implications, particularly for indigenous peoples, in terms of their right to self-determination and protection from discrimination.
Right to Self-Determination for Indigenous Peoples
A central aspect of the Jus Cogens Draft is the recognition of the right to self-determination as a peremptory norm of international law. This means that indigenous peoples have an established right to determine their own political, economic, social, and cultural development. This includes the right to autonomy and self-governance.
Universal Applicability and Supremacy
Jus Cogens norms take precedence over other international legal obligations. This means that no state or international organization can enter into agreements that contradict these norms. For indigenous peoples, this provides a solid legal basis to assert their rights at the international level.
