2. UN Security Council
○ One of the six principal organs of
the United Nations.
○ The purpose is to settle dispute
by peaceful means but...
■ Authorize use of force if
appropriate (PKO)
■ Sanctions
○ BINDING POWER
International
Court of Justice
○ Also one of the six principal
organs
■ Judicial branch
■ (ICC & ICJ)
○ Settle legal disputes in
accordance with international
law
○ Jurisdiction: all UN members
Jurisdictional
&
Executive
Basic Ideas of UNSC and ICJ ?
3. How the Two Organs Coexist / Cooperate
Article 94 1.
“Each Member of the
United Nations
undertakes to comply
with the decision of the
International Court of
Justice in any case to
which it is a party.”
Article 96 1.
“The General Assembly
or the Security Council
may request the
International Court of
Justice to give an
advisory opinion on
any legal question.”
In accordance with Article 94 of
the Charter, the Council may make
recommendations of measures
rendered by the judgement of the
Court.
○ An advisory opinion on any legal
question pursuant to Article 96.
○ “The promotion and strengthening of
the rule of law in the maintenance of
international peace and security,”
(statement)
○ Land, Island and Maritime Disputes
4. THE CONFLICT: ICJ vs UNSC
21 December, 1988
Bombing of Pan Am
flight 103: 259
passengers killed + 11
casualties (crash).
Two Libyans
responsible. UK and
US demanded their
surrender. Libyan
government rejected.
31 March, 1992
UN Security Council:
SANCTION on Libya
* Lifted in 1993.
Libya, “violation of
rights under 1971
Montreal
Convention.”
27 February, 1998
The Court:
rejected objections by US
and UK. Favored Libya
and its jurisdiction to
entertain the case
The Lockerbie Case
5. (CONT.) International Court of Justice- ICJ
“Judicial Review”
- whether the court
may examine validity of UNSC
resolutions
Rule of Law
- important
foundation both to UN
Charter and the Statute
6. (CONT.) The United Nations Security Council- UNSC
Binding Power
Use of Force
- Peacekeeping
Operation
- Sanctions
(Trade/Travel
Ban/Arms
Embargoes/Financial
Restrictions)
Veto Authority
7. Food for Thought = Discussion
Only the Security Council has the absolute binding power. What is your
opinion on granting ICJ the intervening power to “review“ UNSC resolutions
for the sake of validation? Or is the system better without it as is now?
How else can the two principal organs be compromised to achieve better
peace and security in cooperation? Any ideas would be appreciated.
