JenniferTrahan
Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes
Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes
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The author argues that the UN Security Council's permanent members have legal limits to their veto power when atrocity crimes are occurring, based on three independent bases: the UN Charter, the Purposes and Principles, and positive obligations under the Geneva and Genocide Conventions. Vetoes and veto threats have blocked the Security Council from taking measures to prevent or alleviate these crimes, and the book explores how this practice could be challenged.
Format: Paperback / softback
Length: 373 pages
Publication date: 07 July 2022
Publisher: Cambridge University Press
The author delves into a comprehensive exploration of the legal boundaries surrounding the veto by permanent members of the United Nations Security Council in the context of atrocity crimes. In this book, the author presents three independent foundations for the existence of such limits while these crimes are ongoing. It is important to note that the provisions of the United Nations Charter that establish the veto power cannot override the fundamental purposes and principles of the United Nations nor jus cogens, which are peremptory norms of international law. Furthermore, the author highlights positive obligations imposed by the Geneva and Genocide Conventions, which are binding upon all permanent members, in situations involving war crimes and genocide. Through meticulous analysis, the author demonstrates how vetoes and veto threats have impeded the Security Council from taking actions that could have prevented or alleviated atrocity crimes in regions such as Myanmar, Darfur, Syria, and elsewhere. Despite regular condemnations by other United Nations member states and ongoing voluntary veto restraint initiatives, the practice of exercising the veto in such circumstances continues. Consequently, the book delves into the question of how the legality of this practice can be challenged and ultimately addressed.
Weight: 548g
Dimension: 152 x 230 x 26 (mm)
ISBN-13: 9781108732062
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