The International Court of Justice and the Legality of UN Security Council Resolutions

Abstract

Through the United Nation's Charter, the UN Security Council represents the most powerful executive institutional body in the field of collective security. Moreover, its ultra vires acts may have distinct legal consequences. Accordingly, questions arising from these facts are whether such a large scope of competences could be abused, what are the limits of the executed power and above all, affirmation of the legality of the actions of Council. Predominantly by means of the analytical method as well as a case study of the Lockerbie case, the present study provides the related argumentative discourse. Notwithstanding the fact that the decisions of the Council appear to be without any limitations, it is obliged to act within the purposes and principles of the UN Charter. The opinion of the International Court of Justice on the legality of the SC's actions in the field of collective security are still, however, indirectly expressed through its general function.

The World Court of Human Rights Feasibility Study

“…5 The violations of the international human rights law did not yet trigger the adoption of concrete measures to create the permanent World Court, despite the fact that these violations should be similarly considered systematic and widespread (Roht and Arriaza, 1995;Edelenbos, 1994). The ratione personae of ICJ is limited to the State parties 6 , although the international human rights are considered through the advisory opinions and the interim measures, they have never been given primacy in ICJ considerations (Tomuschat, 2003, Ušiak andSaktorová, 2014). As the PCA subordinates the admissibility of the case to the mutual consent of the parties, the process of individual complaints is consequently complicated (Hudson, 1933).…”