In this book, the author outlines three independent bases for the existence of legal limits to the veto by UN Security Council permanent members while atrocity crimes are occurring. The provisions of the UN Charter creating the veto cannot override the UN's 'Purposes and Principles', nor jus cogens (peremptory norms of international law). There are also positive obligations imposed by the Geneva and Genocide Conventions in situations of war crimes and genocide - conventions to which all permanent members are parties. The author demonstrates how vetoes and veto threats have blocked the Security Council from pursuing measures that could have prevented or alleviated atrocity crimes (genocide, crimes against humanity, war crimes) in places such as Myanmar, Darfur, Syria, and elsewhere. As the practice continues despite regular condemnation by other UN member states and repeated voluntary veto restraint initiatives, the book explores how the legality of this practice could be challenged.
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Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes
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Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes
'As High Commissioner for Human Rights, I had the opportunity to address the UN Security Council many times and raised my concerns over the use of the veto to block action when factual evidence of egregious human rights violations was presented to the Council. This book provides an invaluable, authoritative analysis of the legality of the use of the veto in situations of ongoing genocide, crimes against humanity, and war crimes, measured against legal obligations emanating from jus cogens, the UN Charter, and foundational treaties.' Navi Pillay, former United Nations High Commissioner for Human Rights
Published date: Jul 07, 2022
Language: English
No. of Pages: 374
Publisher: Cambridge University Press
ISBN: 9781108732062
Dimensions:
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