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Securing Human Rights$
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Bardo Fassbender

Print publication date: 2011

Print ISBN-13: 9780199641499

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199641499.001.0001

Reviewing Security Council Measures in the Light of International Human Rights Principles

Chapter:
(p. 172 ) 7 Reviewing Security Council Measures in the Light of International Human Rights Principles
Source:
Securing Human Rights?
Author(s):

Salvatore Zappalà

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199641499.003.0007

This chapter presents a critical account of the Security Council's involvement in human rights matters since the early 1990s from a legal perspective. The Council has often operated outside the original framework of the UN Charter, taking measures not provided for in the text of the Charter and probably not even anticipated by its drafters. It is argued that the action of the Council has produced positive effects for human rights when the Council limited itself to measures of a general character and the establishment of autonomous bodies (such as the ad hoc criminal tribunals for the former Yugoslavia and Rwanda) able to balance contradictory interests in specific cases. On the other hand, action of the Council directly interfering with individual rights, as in the case of targeted sanctions, is likely to have resulted in violations of human rights.

Keywords:   Security Council, human rights, United Nations Charter, international peace and security, targeted sanctions, former Yugoslavia, Rwanda

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