การห้ามทำลายล้างเผ่าพันธุ์ในฐานะเป็นกฎหมายที่มีลักษณะบังคับเด็ดขาดในกฎหมายระหว่างประเทศ / ทวี เรืองฤทธิ์เดช = Prohibition of genocide as jus cogens in international law / Tavee Ruangritdej
Jus cogens in international law had no conclusive criterion. Therefore, the proof of or identify a jus cogens norms was a considerable burden. Due to the Prohibition of genocide was recognized as jus cogens norms, this research aimed to study how prohibition of genocide had that status by focus on the peremptory and the absolute binding character. The study on those characters concerned with the source of law, the responsibility of state and the responsibility of individuals. From the study, the evidences from the sources of law concerning genocide support that prohibition of genocide has the absolute binding character and the peremptory character, especially the making of genocide convention and the development of this norms on Rome statute. Indeed, other evidence as the practice of state confirm on those characters. Futhermore, the sanction of international community rendered by the constituting the ad hoc International criminal Tribunal for enforcing this norms on individual show the peremptory character. Additionally, the State responsibility in the International Court of Justice judgment support those character with the widely accept from the international community. All those evidences point that prohibition of genocide qualifies as jus cogens norms. Pursuance from the above conclusions, the author proposes that it would be helpful in eliminating the limitation on enforcing of the prohibition of genocide in the international level and national level which will extend to develop the jus cogens . It will help to unify and develop the international community in the light of rules of law and civilization of mankind.
