Security Council

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Can UNSC Presidential Statements be Legally Binding?

The United States government now apparently thinks so. A couple of days ago the Security Council adopted a presidential statement condemning the recent missile launch by North Korea (press release here; text here). In response to reporters questioning why the Council was unable to adopt a formal resolution, and whether this meant that the presidential statement was merely imposing political, rather than legal obligations on the DPRK, Susan Rice, the US Ambassador to the UN, said the following: First of all the United States views presidential statements, broadly speaking, as binding. In this instance, it is more than binding in that it adds to an existing Chapter 7 sanctions regime. So in our view, there is no doubt that the measures that will be imposed as a consequence of this presidential statement by the 24 or 30 of April will occur and will be binding. Source: US Mission to the UN; see also this CNN report. According to another report, Ambassador Rice also said that the…

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The Security Council and Human Rights: What is the role of Art. 103 of the Charter?

At last week's ASIL meeting there was a panel on whether the United Nations Security Council is bound by human rights law. The panelists (Vera Gowlland-Debbas, Graduate Institute of International and Development Studies, Linos-Alexander Sicilianos, University of Athens  & Gráinne de Búrca, Fordham University School of Law) discussed cases such as the Kadi decision of the European Court of Justice, Al…

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Sayadi: The Human Rights Committee’s Kadi (or a pretty poor excuse for one…)

In October 2008, the Human Rights Committee decided the Sayadi case (CCPR/C/94/D/1472/2006) regarding UN Security Council terrorist blacklists, and the decision has now been made public (h/t to Bill Schabas, who made available the text of the views). As I will now explain, the Committee regrettably failed to do justice to the many complex issues of international law that…

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