Extra-Legal Actions of the Security Council in Violation of Fundamental Human Rights

The Security Council has interpreted the concept of international peace and security extensively and extended it to a wide range of issues, including the protection of human rights and the protection of human rights abuses. So that some of its decisions and actions have been beyond the limits of leg...

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Main Authors: Seyyed Ghasem Zamani, Javad Safdari kohneshahri
Format: Article
Language:English
Published: Shahr-e- Danesh Research And Study Institute of Law 2024-09-01
Series:پژوهشهای حقوقی
Subjects:
Online Access:https://jlr.sdil.ac.ir/article_199364_39087a9977a526af6927a0a7ce3fb74e.pdf
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author Seyyed Ghasem Zamani
Javad Safdari kohneshahri
author_facet Seyyed Ghasem Zamani
Javad Safdari kohneshahri
author_sort Seyyed Ghasem Zamani
collection DOAJ
description The Security Council has interpreted the concept of international peace and security extensively and extended it to a wide range of issues, including the protection of human rights and the protection of human rights abuses. So that some of its decisions and actions have been beyond the limits of legal authority and competence and incompatible with the objectives of the Charter and human rights obligations and contrary to the standards of international law. The purpose article is to examine the Security Council as an extra-legal body and the shortcomings of its commitment to its obligations and responsibilities in the face of serious human rights violations resulting from Chapter VII and humanitarian interventions. Despite the council's claim of human rights protection, there has been a clear contradiction in its management behavior and performance, which not only has not reduced human rights violations in practice, but has in some cases exacerbated the council's inefficiency. The findings show that non-compliance with the limits and powers and veto power of the permanent members of the Council is one of the most important factors in the failure of the Security Council in resolving human rights issues and managing international crises. Therefore, by adopting a mechanism independent of the political interests of the permanent members and using the veto to strengthen and positive cooperation, we can pave the way for fundamental changes in the behavioral patterns and procedures of the council and proper internal monitoring of its actions and commitment to provided human rights obligations.
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spelling doaj-art-cd040a3640384e6b8cbe0c4ad60f8dad2025-01-12T12:21:52ZengShahr-e- Danesh Research And Study Institute of Lawپژوهشهای حقوقی1682-92202717-00202024-09-01235874810.48300/jlr.2024.349732.2109199364Extra-Legal Actions of the Security Council in Violation of Fundamental Human RightsSeyyed Ghasem Zamani0Javad Safdari kohneshahri1Professor, Public and International Law Department, Faculty of Law and Political Sciences, Allameh Tabataba'i University, Tehran, Iran.PhD Student in International Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran.The Security Council has interpreted the concept of international peace and security extensively and extended it to a wide range of issues, including the protection of human rights and the protection of human rights abuses. So that some of its decisions and actions have been beyond the limits of legal authority and competence and incompatible with the objectives of the Charter and human rights obligations and contrary to the standards of international law. The purpose article is to examine the Security Council as an extra-legal body and the shortcomings of its commitment to its obligations and responsibilities in the face of serious human rights violations resulting from Chapter VII and humanitarian interventions. Despite the council's claim of human rights protection, there has been a clear contradiction in its management behavior and performance, which not only has not reduced human rights violations in practice, but has in some cases exacerbated the council's inefficiency. The findings show that non-compliance with the limits and powers and veto power of the permanent members of the Council is one of the most important factors in the failure of the Security Council in resolving human rights issues and managing international crises. Therefore, by adopting a mechanism independent of the political interests of the permanent members and using the veto to strengthen and positive cooperation, we can pave the way for fundamental changes in the behavioral patterns and procedures of the council and proper internal monitoring of its actions and commitment to provided human rights obligations.https://jlr.sdil.ac.ir/article_199364_39087a9977a526af6927a0a7ce3fb74e.pdfsecurity councilhuman rightsunited nationsinternational peace and securitycrisis management
spellingShingle Seyyed Ghasem Zamani
Javad Safdari kohneshahri
Extra-Legal Actions of the Security Council in Violation of Fundamental Human Rights
پژوهشهای حقوقی
security council
human rights
united nations
international peace and security
crisis management
title Extra-Legal Actions of the Security Council in Violation of Fundamental Human Rights
title_full Extra-Legal Actions of the Security Council in Violation of Fundamental Human Rights
title_fullStr Extra-Legal Actions of the Security Council in Violation of Fundamental Human Rights
title_full_unstemmed Extra-Legal Actions of the Security Council in Violation of Fundamental Human Rights
title_short Extra-Legal Actions of the Security Council in Violation of Fundamental Human Rights
title_sort extra legal actions of the security council in violation of fundamental human rights
topic security council
human rights
united nations
international peace and security
crisis management
url https://jlr.sdil.ac.ir/article_199364_39087a9977a526af6927a0a7ce3fb74e.pdf
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AT javadsafdarikohneshahri extralegalactionsofthesecuritycouncilinviolationoffundamentalhumanrights