ABSTRACT

This chapter examines following research questions: Why should the Security Council be subject to a rule of law, why should the Security Council – a political body – even be held subject to the rule of law and to what extent should it be held accountable for its actions. It focuses on some core reasons why the establishment of such a framework for the Security Council's work is essential. The Council is legally bound by the applicable rules of the Charter and of international law. Those rules leave the Council much room to take decisions based on political, legal and other considerations—but that room is not without limits. It is both a legal necessity and a wise policy choice for the Council to respect and promote international law and the rule of law. Membership to the United Nations obliges all states to 'agree to accept and carry out the decisions of the Security Council in accordance with the [UN] Charter'.