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16, 32; and see, D. Fleck, The Handbook of Humanitarian Law in Armed Conflicts, Oxford, OUP, 1995, pp. 28−29. 19 A. Verdross, ‘Jus Dispositivum and Jus Cogens in International Law’, (1966) 60 American Journal of International Law (AJIL), p. 58. 20 R. Kolb, Theorie du ius cogens international, Paris, Presses universitaires de France, 2001, pp. 172−173. 21 G. F. Müller, 1967, pp. 85−87. 22 Kolb, supra note 20, p. 96. 23 But the absence of a similar authority as to the effect of jus cogens with regard to the acts and rules other than treaties does not mean that the relevance of jus cogens is limited only to the validity and termination of treaties.
P. 2/1996/17, para. 7; M. 4/2000, 62, 9 (para. 15). 49 Aloeboetoe, 116 ILR, 275; see also Castillo Paez, 116 ILR, 499. 50 For the contrary view, see J. 2, 11, referring to Rainbow Warrior. Also in Corfu Channel, the International Court refused to award more than claimed, ICJ Reports, 1949, 224. 51 Suarez-Rosero, 118 ILR, 110−111. 52 Sir Gerald Fitzmaurice, Third Report on the Law of Treaties (1958-II) YbILC, p. 40. 53 C. Tomuschat, ‘Individual Reparation Claims in Instances of Grave Human Rights Violations’, supra note 5, p.
But in disputes involving peremptory norms that protect community interests, such an approach is ill founded by definition, because remedying jus cogens violations is in the interest of the international community as a whole. 100 For the purposes of remedying violations of peremptory norms (it may be routinely assumed that serious and grave human rights violations fall within that category), the option of declaratory judgments should be treated with caution and care, for is does not at all ensure that the wrongful consequences of a violation are objectively redressed.