The Prohibition of Use of Chemical Weapons as a Peremptory Norm of International Law in the Light of International Law Commission Reports on Jus Cognes

Certain norms of international law which are peremptory in nature such as prohibition of torture and genocide has been recognized as jus cognes by international society and any conflicting rule is declared as void. However, international law has its root in State wills as always. Thus, international society has not managed to enumerate examples of its peremptory rules but also to define its concept without any ambiguity. It is evident that there are some rules such as prohibition of use of chemical weapons which are not declared as peremptory rules but their general nature resample to peremptory rules and meet the criterion of peremptory rules of international law. Common feature of rule the rule prohibiting use of chemical weapons with the rules such as prohibition of torture is that all of these kind of rules prohibit heinous acts which cannot be tolerated by Conscience of any human being. This article seeks to answer the question that whether the rule of prohibition of use of chemical weapons is a peremptory rule. Although, the rule has not expressly been declared as a peremptory rule, but it is in conformity with the criterion and elements of general nature of the rule as embodied in the report of international law commission in 2017.