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82) The Court appears to have elevated the principle of distinction to the level of jus cogens when it considered it to "constitute [an] intransgressible principle .
The Court discovered the "cardinal principles" of international humanitarian law by surveying the texts of international humanitarian law conventions (287) and observed that, although these principles are in accord with "elementary considerations of humanity," (288) the treaties have "enjoyed a broad accession" so that the principles "are to be observed by all States whether or not they have ratified the conventions that contain them, because they constitute intransgressible principles of international customary law.
19) On this point, Trape notes that the comprehensive judgment of Augustinian doctrine cannot be said to prescind from the general consideration of occidental theology that reaches to our day and that poses intransgressible questions.