ABSTRACT

The Security Council is entrusted with primary responsibility for the maintenance of peace and security. This chapter argues that in fulfilling this responsibility, it should comply with standards of the rule of law that have been derived from domestic, international and supranational principles. The selective nature with which it addresses situations and its varied responses to analogous threats to the international peace cannot be overcome by simply citing the need for ad hoc responses to different situations. The selective nature with which it addresses situations and its varied responses to analogous threats to the international peace cannot be overcome by simply citing the need for ad hoc responses to different situations. The Council has also shown that it has encroached upon the jurisdiction and powers of sibling United Nations (UN) organs, as well as over-reaching in its own jurisdiction by imposing legislative obligations upon UN member states.