CYIL vol. 14 (2023)
CYIL 14 (2023) THREE QUARTERS OF A CENTURY OF THE UN INTERNATIONAL LAW COMMISSION… absolute will of States. By stipulating in the Commissions’ conclusions that in order for a norm to be jus cogens , i.e., absolutely binding on States, it must be accepted as jus cogens norm by the “international community of States as a whole”. So not just by the contracting or interested States of a treaty to be concluded, but by the international community of States as a whole. These were in fact necessary compromises to confirm by the conclusions of the Commission the existence of jus cogens in international law, i.e., norms and principles that States cannot revise or derogate at will by their agreements. This is an important step away from the understanding that only the will of States is the real material source of international law. What I preoccupied myself with as a doctoral student more than sixty years ago has to large extent become a reality, and I myself have contributed to it by my research and work in the Commission. 5. Conclusion I apologize for perhaps a slightly too personal approach in this my contribution on the occasion of the more than three quarters of a century of existence and important work of the UN Commission on International Law. However, everything in life is also personal: I personally experienced my work in the Commission and personally experienced the Commission as the sanctuary of international law and of law in general; I am personally grateful and proud that I could also make contribution to Commission’s work, in some topics more than others. As I was a student long ago, I believed in the necessity of the rule of law also at the international law level as a precondition for world peace which is often threatened, as it is these days by the aggression of the Russian Federation against Ukraine. And I believe that in this case it is also a gross violation of the jus cogens norm preventing and sanctioning the crime of aggression the international legal order and peace according to it will prevail.
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