Human Dignity as the Foundation of Peremptory Norms in International Law: Theoretical Considerations and Practical Implications

The concept of human dignity receives considerable scholarly attention in international law. More often, however, such studies primarily focus on the genesis, definition, and functions of human dignity across various domains of international law, particularly within the ambit of international human rights law. This research seeks to inquire into a less-explored connection between human dignity and jus cogens. Such an attempt is made to elucidate the foundational character of human dignity for peremptory norms through the examination of travaux préparatoires of the 1969 Vienna Convention on the Law of Treaties, relevant treaties, as well as international and domestic jurisprudence. The overarching aim of this study is twofold: firstly, to enrich the discourse on human dignity by examining it as a general legal principle underpinning jus cogens, while illuminating its operational role within the international legal order; secondly, to provide further insights into the legal category of jus cogens by delineating the rationale for its existence and the foundations that support it.