JUS COGENS AS A BARRIER TO IMPUNITY: A THEORETICAL AND LEGAL ANALYSIS IN THE LIGHT OF ECTHR AND ICC PRACTICE

The article focuses on the theoretical and legal analysis of jus cogens norms as a universal constraint on immunities in the context of the case law of the European Court of Human Rights and the International Criminal Court.The aim of the study is to reveal the legal nature of jus cogens norms as a universal limitation on immunities and a guarantee of effective justice in cases involving violations of the fundamental principles of international law.The study employed general scientific methods of cognition: analysis, synthesis, induction, deduction, abstraction, generalization and the comparative legal method.The findings show that jus cogens norms are being established as a fundamental category of international public law with absolute legal authority and priority over both customary rules and international treaties.Their imperative nature imposes restrictions not only on lawmaking but also on the application of the concepts of state and functional immunity in cases involving crimes against the core values of humanity.The case law of the International Criminal Court, specialized tribunals, and, to some extent, the European Court of Human Rights has been analyzed, demonstrating a gradual limitation of the scope of immunities in cases involving crimes falling under jus cogens.It is emphasized that this trend reinforces the primacy of victims' rights and strengthens the principle of unconditional accountability.The conclusion highlights the need to reform Ukraine's criminal procedural legislation in order to implement jus cogens norms.It is shown that such reform should include the introduction of special proceedings for individuals with immunity, the priority of peremptory norms over national limitations, and the creation of effective procedural mechanisms for investigating and prosecuting crimes that threaten international legal order.It has been proven that the law must provide for the Vda a perspektivy 8(51) 2025