ABSTRACT

In light of the problems in law and practice, this chapter articulates a theory of the relationship between the Security Council and human rights to assist the implementation of international human rights law (IHRL) and interpretation of Council resolutions. The chapter considers the theoretical framework for powers and constraints upon the Security Council under international law, and in particular sheds light on the constraint posed by human rights. On the one hand, the UN Security Council (UNSC) is empowered under the Charter to make decisions which are legally binding upon UN members. On the other hand, the UNSC has obligations under IHRL in accordance with the UN Charter and customary international law. The chapter articulates how the framework resolves tension between obligations of human rights and Security Council resolutions under the Charter at the level of implementation and practice, including the issue of ‘norm conflict’.