The international responsibility of the UN for the internationally wrongful acts of the security council
thesisposted on 15.12.2014, 10:44 by Maysa S. Bydoon
This thesis is a study of the possibility of invoking the international responsibility of the Security Council for its actions. The presumption of my thesis is that the UN with separate personality is responsible for the internationally wrongful acts of the Security Council, however, in certain circumstances the member states of the Security Council particularly, the decision makers could be held responsible. As many entities are dealing with Security Council, the determination of the responsible entity becomes very difficult. This thesis has identified three important areas of tension in such responsibility. First, the legal status of the Security Council, relating to whether it is considered "above the law"; secondly, the more persistent tension concerning the relationship between member states of an International Organisation and the International Organisation itself in considering the responsibility of member states. Last but not the least, the tension related to the scarcity, if not the lack, of recent practice concerning the international responsibility of the Security Council as well as the absence of rules that govern such a responsibility, will be discussed. This thesis is premised on the assumption that the Security Council has recently extended powers and is getting involved in virtually every single matter at both international level and at the non-international level. This inevitably raises issues of the international responsibility of the Security Council which have remained undeveloped, and which, accordingly, urges the necessity of establishing principles govern such international responsibility. Most notably, the subject of the international responsibility of the Security Council has not been addressed in the Articles on Responsibility of States for international wrongful acts. Thus in the light of the uncertainty and the rapid development of the powers of the Security Council, this thesis aims to fill the gaps as to the international responsibility of the Security Council..