The fact that violations of jus cogens norms occurred in the past does not entail a conflict with nor permit a state to set aside the rules of immunity. (europeanlawblog.eu)
In my 2009 comment on this case, when it was still pending before the Quebec Superior Court, I was hopeful that the law was rapidly moving towards holding states, and individuals acting under colour of state authority, accountable for breaches of jus cogens norms. (slaw.ca)
In a nutshell, the General Court in its 2005 judgement «discovered» a ius cogens standard which allowed it to review the EU implementing measures as well as, vicariously, the UN measures. (europeanlawblog.eu)