Disobeying the Security Council: Countermeasures against by Antonios Tzanakopoulos

By Antonios Tzanakopoulos

This booklet examines how the United countries defense Council, in exercise its energy to impose binding non-forcible measures ('sanctions') lower than Article forty-one of the UN constitution, might violate foreign legislation. The Council could overstep limits on its energy imposed by means of the UN Chater itself and through basic foreign legislation. Such acts may perhaps have interaction the overseas accountability of the United countries, the association of which the protection Council is an organ. Disobeying the safety Council discusses how and by way of whom the accountability of the UN for illegal protection Council sanctions may be decided; in different phrases, how the UN might be held to account for safeguard Council excesses.

The relevant thesis of this paintings is that states can reply to illegal sanctions imposed via the protection Council, in a decentralized demeanour, by way of disobeying the safety Council's command. In foreign legislations, this disobedience might be justified as constituting a countermeasure to the protection Council's illegal act. fresh perform of states, either within the type of government acts and courtroom judgements, demonstrates an expanding tendency to disobey sanctions which are perceived as illegal. After discussing different attainable skills of disobedience lower than overseas legislation, the booklet concludes that this tradition can (and may still) be certified as a countermeasure.

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E-U Petersmann (1997) 10 LJIL 442. ⁷ ILA Report 168. ¹⁰ These broad powers of the Council were first allowed to be exercised and reveal their potential impact after the end of the Cold War and the resolution of an almost 45-year-long deadlock due to the use of the veto. ¹² Before one discusses the ‘accountability’ of the Council—and of the Organization of which it is an organ—for its exercise of powers, one should first attempt to define this rather vague term. ¹³ Accordingly the term will be analysed (Section I), before the specific form(s) of accountability applicable to the Council in light of the nature of its function under Chapter VII and specifically under Article 41 UNC is discussed (Section II).

Eadem in Blokker and Schermers (n 26) 508 at n 90. Curtin and Nollkaemper (n 15) 4 define the core of the notion as ‘the process of being called “to account” to some authority for one’s actions’. ²⁹ Significantly, the ILA Report 168 seems to be treating the notion as an ‘autonomous’ one, to borrow the phraseology used in the context of the ECHR by the ECtHR: the term is not considered as corresponding to homonymous terms in use in particular domestic or regional legal systems. For a critique of the ILA’s approach in general see Hafner (n 3) 599–601.

The basic principle that international organizations are responsible for the acts of their organs or agents finds support in practice,¹⁹ in the jurisprudence of A Williams (eds), The Iraq War and International Law (2008) 223. Saying that the Organization is ‘made up’ of States who are ‘made up’ of individuals, however, is just a figure of speech, as an organization is not made up of anything—it ‘is’ simply its constitutive instrument, understood as a set of legal norms: Kelsen (n 5) 98–9. ¹⁷ cf (1975) II YILC 87 [3], where the Commission notes that it is not always sure that the action of an organ of an international organization .

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