Abstract
This article assesses whether the United Nations Security Council must respect
human rights under international law when acting under Chapter VII of the United Nations Charter. It argues that the Security Council has to respect human rights enshrined in those human rights treaties drawn up under the United Nations’ auspices and in non-peremptory customary international law, when this is not incompatible with the Security Council’s objective of maintaining or restoring international peace and security. The analysis also argues however that the Security Council must comply with peremptory international human rights, with no exception. The paper concludes that Chapter VII action by the Security
Council is limited only to a small extent by international human rights standards.
human rights under international law when acting under Chapter VII of the United Nations Charter. It argues that the Security Council has to respect human rights enshrined in those human rights treaties drawn up under the United Nations’ auspices and in non-peremptory customary international law, when this is not incompatible with the Security Council’s objective of maintaining or restoring international peace and security. The analysis also argues however that the Security Council must comply with peremptory international human rights, with no exception. The paper concludes that Chapter VII action by the Security
Council is limited only to a small extent by international human rights standards.
Original language | English |
---|---|
Pages (from-to) | 277-311 |
Number of pages | 35 |
Journal | Vienna Journal on International Constitutional Law |
Volume | 10 |
Issue number | 3 |
DOIs | |
Publication status | Published - 17 Oct 2016 |
Keywords
- United Nations Security Council
- peace enforcment action
- international human rights