Abstrakt
The emergence of stabilization of jus cogens go in parallel with the development of the international law of human rights on the universal and regional levels. Most peremptory norms recognized up to now deal with the protection of fundamental human rights.
Moreover, this area reveals the highest potential for increasing the number and material content of peremptory norms. The case-law of international judicial bodies has the key role in the development of such norms.
While the International Court of Justice and the European Court of Human rights came to the express confirmation of them relatively late and they limited it originally just to the prohibition of torture, the ad hoc international criminal tribunals proceeded faster. However, the case-law of the Inter-American Court of Human Rights seems to be the most remarkable in regards to its frequency of reference to and number of identified rules of jus cogens.
It remains a question if and to what extent the identified peremptory rules of human rights can be exported from regional level to universal international law.