Explain the universality of certain norms and values applicable in inter-state relations, with specific reference to the principle of universal jurisdiction and jus cogens
Certain norms and values are considered universal in international relations because they are understood to apply regardless of a state's particular legal system or cultural background. These norms and values are seen as essential for promoting peace, stability, and justice among nations.
The principle of universal jurisdiction is one such norm that is considered universal in inter-state relations. Universal jurisdiction allows states to prosecute individuals for certain serious crimes, such as genocide, war crimes, and crimes against humanity, regardless of where the crimes were committed or the nationality of the perpetrator or victim. This principle is based on the belief that certain crimes are so heinous that they offend the conscience of humankind as a whole, and therefore any state should have the authority to prosecute and punish those responsible.
Similarly, jus cogens refers to a set of fundamental norms and values that are considered so essential to the international legal order that they must be upheld by all states, regardless of their own laws or practices. These norms include prohibitions against genocide, slavery, torture, and aggression, among others. States are obligated to respect and uphold jus cogens norms and values, and they cannot derogate from them through treaty obligations or domestic laws.
The universality of these norms and values in inter-state relations is important for promoting accountability, justice, and respect for human rights on a global scale. By recognizing and upholding principles such as universal jurisdiction and jus cogens, states can work together to address and prevent serious crimes and violations of human dignity, ultimately contributing to a more peaceful and just world.