International peace and security, human rights and the courts: a critical re-appraisal
Year: 2011
Type: article
Abstract: The question of primacy of Security Council resolutions over human rights norms is a matter of compelling legal significance. This becomes evident from the wealth of national and international judicial decisions involving challenges against Security Council-authorised action as interfering with fundamental rights. The article provides a critical legal reappraisal of such rulings with main emphasis on Behrami/Saramati, Al Jedda and Kadi/Al Barakaat. It concludes that courts have not always taken a uniform position weakening the effectiveness of human rights protection. Furthermore, the Security Council needs to take appropriate action to ensure respect for these fundamental principles.
Author: Elena Katselli
Institution: Newcastle University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W1997715772