OS IMPASSES DA CONDUÇÃO DO JUS COGENS NA ESTRUTURAÇÃO GEOPOLÍTICA DE UMA SOCIEDADE GLOBALIZADA EM UM CENÁRIO DE CONFLITO : ISRAEL E IRÃ.

Abstract

The present research analyzes the challenges in the application of jus cogens within conflict scenarios, aiming to examine the role it plays in situations of instability and vulnerability, aligning it with foundational international documents, geopolitical concepts, and the advent of globalization. This research is guided by the use of conventions, treaties, academic articles, and relevant references. It also includes parameters derived from opinions and decisions issued by international bodies—specifically the International Court of Justice and the International Criminal Court—thus employing an explanatory-descriptive-qualitative methodology. Through this approach, the aforementioned sources (treaties, conventions, articles, opinions, decisions) are analyzed in conjunction with news reports that provide context and data regarding the selected case study: the war between Israel and Iran. The study explores the concept and identification of jus cogens and, synchronously, observes the behavior of the Court and Tribunal in contexts involving infractions and controversies—essential elements for understanding the topic. The objective is to examine the dialectic established between international security and the right to self-defense alongside the right to self-protection, both of which are recurrent themes in zones of divergence. In conclusion, it is observed that jus cogens assumes a guiding role in conflict situations, assisting in the delineation of state limits in the exercise of rights that may impact international security and order. Its application highlights the need for reparation and addresses the characteristics that shape decisions and power structures at the local level, as well as the plurality of interests and global interconnections that emerge in the context of globalization. Furthermore, its relevance is reinforced in reducing a certain degree of relativity present within the general sphere of international law.