The Security Council as Administrator of Justice?

Reflections on the Antagonistic Relationship between Power and Law
1. Auflage 2011
ISBN: 978-3-900704-25-4
Verlag: International Progress Organization

Buch, Englisch, Band 32, 94 Seiten, PB, Format (B × H): 147 mm x 210 mm

Reihe: Studies in International Relations

The present analysis concludes the International Progress
Organization’s research project on the mandate and role of
the United Nations Security Council under the conditions of
the post-Cold War world order. The author questions the legal
basis of the ad hoc tribunals for Yugoslavia, Rwanda, and
Lebanon; he further evaluates the relationship between the
Security Council and the International Criminal Court and
makes an assessment of the quasi-judicial role of the supreme
executive organ of the United Nations in matters of international
terrorism. In view of the Security Council’s arrogated
powers as “administrator of justice,” the author asks whether
the international rule of law can be reconciled at all with the
imperatives of power politics.

Zielgruppe

Experten/Forschung

Autoren/Hrsg.

Köchler, Hans

Inhaltsverzeichnis

Preface

I. The role of the Security Council in the absence of a balance of power

II. The Security Council and ad hoc international tribunals

1. Questions of legal authority

A. The creation of courts by the Security Council

a. Criminal courts as coercive measures for the maintenance or restoration of international peace and security?

b. Can a court of law be established by executive fiat?

c. Other legal problems

B. The establishment of the Special Tribunal for Lebanon

2. Questions of competence and credibility in the operation of courts

III. The Security Council and the International Criminal Court

IV. The Security Council's legal and practical incompetence as a "terrorism court"

V. Conclusion: The delegitimization of international criminal law by the Security Council

Bibliography

List of acronyms

Index