The UN Security Council formally acknowledged an obligation to promote justice and the rule of law in 2003. This volume examines the extent to which the Council has honoured this commitment when exercising its powers under the UN Charter to maintain international peace and security. It discusses both how the concept of the rule of law regulates, or influences, Security Council activity and how the Council has in turn shaped the notion of the rule of law. It explores in particular how this relationship has affected the Security Council’s three most prominent tools for the maintenance of international peace and security: peacekeeping, sanctions and force. In doing so, this volume identifies strategies for better promotion of the rule of law by the Security Council.

This book will be of interest to scholars and students of international law, international relations, international development and peacekeeping.

part I|74 pages

Theorising the rule of law

chapter 2|14 pages

The Security Council and the rule of law

Some conceptual reflections

chapter 3|16 pages

Big rule of law℠ ™(pat.pending)

Branding and certifying the business of the rule of law

chapter 4|15 pages

Accounting for the absence of the rule of law

History, culture and causality

chapter 5|14 pages

The rule of law begins at home

chapter 6|14 pages

Humanity, law, force

part II|91 pages

The Security Council, peacekeeping and the rule of law

chapter 7|16 pages

Rule-of-law assistance in UN peace operations

Securitisation, sectorisation and goal displacement

chapter 8|15 pages

Human rights vis-à-vis the rule of law

Unruly cousin or bedrock of the family?

chapter 12|15 pages

Protection of civilians and the rule of law

Building synergies between the agendas

part III|26 pages

The Security Council, sanctions and the rule of law

chapter 13|12 pages

The Office of the Ombudsperson

A case for fair process

part IV|77 pages

The Security Council, use of force and the rule of law

chapter 15|15 pages

Between flexibility and accountability

How can the Security Council strengthen oversight of use-of-force mandates?

chapter 16|15 pages

Use of force, rule-of-law restraints and process

Unfinished business for the responsibility to protect concept

chapter 17|16 pages

The Force Intervention Brigade and UN peace operations

Some legal issues

chapter 18|15 pages

Peace through law and the Security Council

Modelling law compliance

chapter 19|15 pages

Protecting responsibly

The Security Council and the use of force for human protection purposes

part V|13 pages

Strengthening the rule of law through the Security Council

chapter 20|12 pages

The UN Security Council as regulator and subject of the rule of law

Conflict or confluence of interest?