The influence of jus cogens on international crimes: have they made a difference

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Standard

The influence of jus cogens on international crimes : have they made a difference. / Cryer, Rob.

The achievements of international law : essays in honour of Robin Churchill. ed. / Jacques Hartmann; Urfan Khaliq. 1st. ed. Oxford : Hart Publishing, 2021.

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Harvard

Cryer, R 2021, The influence of jus cogens on international crimes: have they made a difference. in J Hartmann & U Khaliq (eds), The achievements of international law : essays in honour of Robin Churchill. 1st edn, Hart Publishing, Oxford. <https://www.bloomsburyprofessional.com/uk/the-achievements-of-international-law-9781509917372/>

APA

Cryer, R. (2021). The influence of jus cogens on international crimes: have they made a difference. In J. Hartmann, & U. Khaliq (Eds.), The achievements of international law : essays in honour of Robin Churchill (1st ed.). Hart Publishing. https://www.bloomsburyprofessional.com/uk/the-achievements-of-international-law-9781509917372/

Vancouver

Cryer R. The influence of jus cogens on international crimes: have they made a difference. In Hartmann J, Khaliq U, editors, The achievements of international law : essays in honour of Robin Churchill. 1st ed. Oxford: Hart Publishing. 2021

Author

Cryer, Rob. / The influence of jus cogens on international crimes : have they made a difference. The achievements of international law : essays in honour of Robin Churchill. editor / Jacques Hartmann ; Urfan Khaliq. 1st. ed. Oxford : Hart Publishing, 2021.

Bibtex

@inbook{bc72edaac9e14e18978d1dca4f11e977,
title = "The influence of jus cogens on international crimes: have they made a difference",
abstract = "It is often thought that the concepts of jus cogens and international crimes walk hand in hand. After all, they both, appear at least to be about protecting basic values of the international community of States. Some even go as far as to assert that international crimes are, per se jus cogens. However, this piece will argue that this goes too far. Although there is a fair amount of substantive overlap, international crimes can exist outside of violations of jus cogens, and indeed pre-dated the acceptance of such a concept. Furthermore, through an evaluation of the jurisprudence of the ICJ and the ICTY, it will be argued that for the most part, no real additional consequences have been seen to flow from the jus cogens nature of violations of international criminal law, and where such consequences have been postulated (most notably in the Furundj{\v z}ia case) these can be easily explained on other bases than jus cogens. It will conclude that in spite of frequent reference to the concept, especially in an academic context, it has not influenced States on point in any meaningful way.",
author = "Rob Cryer",
note = "Not yet published as of 16/11/2020.",
year = "2021",
month = jul,
day = "15",
language = "English",
isbn = "9781509917372",
editor = "Jacques Hartmann and Urfan Khaliq",
booktitle = "The achievements of international law",
publisher = "Hart Publishing",
address = "United Kingdom",
edition = "1st",

}

RIS

TY - CHAP

T1 - The influence of jus cogens on international crimes

T2 - have they made a difference

AU - Cryer, Rob

N1 - Not yet published as of 16/11/2020.

PY - 2021/7/15

Y1 - 2021/7/15

N2 - It is often thought that the concepts of jus cogens and international crimes walk hand in hand. After all, they both, appear at least to be about protecting basic values of the international community of States. Some even go as far as to assert that international crimes are, per se jus cogens. However, this piece will argue that this goes too far. Although there is a fair amount of substantive overlap, international crimes can exist outside of violations of jus cogens, and indeed pre-dated the acceptance of such a concept. Furthermore, through an evaluation of the jurisprudence of the ICJ and the ICTY, it will be argued that for the most part, no real additional consequences have been seen to flow from the jus cogens nature of violations of international criminal law, and where such consequences have been postulated (most notably in the Furundjžia case) these can be easily explained on other bases than jus cogens. It will conclude that in spite of frequent reference to the concept, especially in an academic context, it has not influenced States on point in any meaningful way.

AB - It is often thought that the concepts of jus cogens and international crimes walk hand in hand. After all, they both, appear at least to be about protecting basic values of the international community of States. Some even go as far as to assert that international crimes are, per se jus cogens. However, this piece will argue that this goes too far. Although there is a fair amount of substantive overlap, international crimes can exist outside of violations of jus cogens, and indeed pre-dated the acceptance of such a concept. Furthermore, through an evaluation of the jurisprudence of the ICJ and the ICTY, it will be argued that for the most part, no real additional consequences have been seen to flow from the jus cogens nature of violations of international criminal law, and where such consequences have been postulated (most notably in the Furundjžia case) these can be easily explained on other bases than jus cogens. It will conclude that in spite of frequent reference to the concept, especially in an academic context, it has not influenced States on point in any meaningful way.

M3 - Chapter (peer-reviewed)

SN - 9781509917372

BT - The achievements of international law

A2 - Hartmann, Jacques

A2 - Khaliq, Urfan

PB - Hart Publishing

CY - Oxford

ER -