Are Dictates of Public Conscience a Norm of jus cogens in International Humanitarian Law?

Abstract

This essay deal with one of the components of the general principles of law that has a normative character in international humanitarian law: the dictates of public conscience. Through a critical approach to international law, this essay intends to contribute to the academic discussion in the sense that the dictates of public conscience have acquired the status of jus cogens in international law. To this end, Part I of this essay reviews the evolution of dictates of public conscience. Part II of this essay shows that the complexity of the dictates of public conscience is given by the difficulty of establishing a specific content as a normative device. In this regard, the intended contribution is to point out that the dictates of public conscience are an open norm that nevertheless has an identifiable purpose. Part III reinforces the previous statement by pointing out that the content of the dictates of public conscience is dynamic and therefore situational, which allows for a progressive interpretation. It concludes with the assertion that the dictates of public conscience have attained the character of jus cogens.