by Max Barry

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Region: The East Pacific

Gunichatara wrote:Correct. But remember that human groups share different values and beliefs and organizational systems. Any international organization must ensure that a nation's identity and the right to rule itself is protected.

This is what international norms are for - to be the check on human organization, regardless of beliefs and organizational systems.

Gunichatara wrote:This is sensible. Similar to how humans are asked to conduct themselves within moral standards or risk being seen as non-human or evil, the same would hold with nations. However, these international norms must be careful in formation. For example, some nations advocate democracy as a solution for all nations, but democracy is not a good form of government for unstable nations who are still developing. So developing an international norm that a nation must be democratic, for an extreme example, is not prudent for the welfare of unstable nations.

These types of things would not be in the jus cogens. Jus Cogens go to the core of humanity. For instance, many countries expect judicial transparency, because without it, punishments like torture could be used. Jus Cogens don't compel nations to have judicial transparency, they make it inexcusable for nations to use torture, no matter the system in place.

Gunichatara wrote:As long as international norms are sensible and all nations do sign on with the ICJ, this is understandable. If nations do not agree with these terms, then the ICJ must apply political pressure before resorting to military tactics, because nations must be given the right to make a choice on all matters concerning their own nation and people.

We would like to stress that nations must not be given this absolute right. The point of Jus Cogens and holding it above national sovereignty is to draw the line around these norms - that violating these norms are impermissible and inexcusable at any time by any state.

Here are the Jus Cogens (compelling law) that we reconize:

JUS COGENS
Jus Cogens, latin for compelling law, also known as Peremptory Norms, are the norms that all sovereign states are expected to respect. A nation cannot stand as sovereign if in violation of these norms, in Somers' eyes.

Somers recognizes these Peremptory Norms.
- Prohibition of Aggressive Wars
- Prohibition of Crimes Against humanity
- Prohibition of War crimes
- Prohibition of Maritime piracy
- Prohibition of Genocide
- Prohibition of Apartheid
- Prohibition of Slavery
- Prohibition of Torture

These norms can and should be built upon by international consensus.

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You will note that they are not compelling a nation to be a certain way, and they do not go into different systems. At the core, they should be the highest check on a country, and therefore, they target inexcusable actions, not particular systems that could be more susceptible to these actions.

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