Chapter

The Security Council as Enforcer of Human Rights

Vera Gowlland-Debbas

in Securing Human Rights?

Published in print October 2011 | ISBN: 9780199641499
Published online January 2012 | e-ISBN: 9780191732218 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199641499.003.0003

Series: Collected Courses of the Academy of European Law

The Security Council as Enforcer of Human Rights

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This chapter focuses on the legal issues of the Security Council's actions in favour of human rights. In particular, it addresses the problem of the qualification of human rights violations as a threat to international peace within the meaning of Chapter VII of the UN Charter: Was the Council competent to broaden the notion of a threat to the peace to include human rights violations? Is the Council authorized to act in internal matters of a state? Can the Council hold responsible for human rights violations not only states but also de facto governments and non-state entities? Who can legally review such qualifications made by the Security Council? The chapter distinguishes five major categories of measures applied by the Council in order to enforce fundamental norms of international human rights and humanitarian law: the sanction of nullity and non-recognition, non-military measures, in particular economic sanctions, military force, measures in the context of criminal law, and monitoring and fact-finding.

Keywords: Security Council; human rights; international humanitarian law; international criminal law; United Nations Charter; international peace and security; domestic jurisdiction; sanctions; non-recognition; monitoring

Chapter.  18913 words. 

Subjects: Public International Law

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