Euphemism and Jus Cogens
Journal: eYLS (Yale Law School)
Year: 2020

Jus cogens norms of international law encompass the most stringent prohibitions of the law of nations. They reflect a global—and typically moral—consensus about impermissible conduct so complete and forceful that no derogation is permissible under any circumstances. Yet states derogate nevertheless. Lacking any valid legal justification for violating jus cogens norms, derogating states instead seek to euphemize their unlawful conduct. Doing so appears at a glance to be a calculated choice that a