This article explores the imperative of integrating jus cogens norms—the highest-ranking peremptory principles of international law—into the governance of artificial intelligence (AI) systems. As digital technologies reshape global decision-making, the protection of universal human values such as the prohibitions of genocide, torture, and racial discrimination must be reinterpreted for the algorithmic era. The study advances the concept of a Digital Law of Humanity, a normative and institutional framework designed to safeguard human dignity in the face of emerging technological threats. The analysis begins by situating jus cogens within the context of digital transformation, emphasizing the limitations of current treaties in addressing AI-driven harms. It examines the necessity of a Digital Geneva Convention to codify binding obligations on states and corporations, particularly in areas such as algorithmic transparency, digital due process, and the prohibition of AI-enabled crimes against humanity. The article then advocates for interdisciplinary capacitybuilding, proposing joint educational programs for lawyers and engineers to bridge the gap between legal norms and technical design. Furthermore, the research underscores the critical role of civil society networks in monitoring and documenting digital rights violations through secure, verifiable methodologies, such as blockchain-based evidence chains. These networks are positioned as indispensable actors in holding both public and private entities accountable for AI-related harms. By synthesizing treaty reform, capacity-building, and participatory oversight, the article presents a cohesive strategy for embedding jus cogens norms into AI governance. It concludes that without proactive legal innovation and cross-sectoral cooperation, the digital architectures of the 21st century risk undermining the peremptory norms that have defined international law since the mid20th century. The Digital Law of Humanity is therefore framed not merely as an aspirational ideal but as a necessary evolution of the international legal order.
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Emily Voss
University of Copenhagen
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Emily Voss (Tue,) studied this question.
synapsesocial.com/papers/68d454c531b076d99fa5a145 — DOI: https://doi.org/10.55843/isl2025symp216v