Securing Human Rights?: Achievements and Challenges of the UN Security Council (Collected Courses of the Academy of European Law)

Throughout the first decades of its existence, many held the view that the UN Security Council would in some senses automatically encourage the protection of human rights by maintaining international peace. However since the end of the Cold War there have been growing concerns that the Council is a force with the potential to do harm to the cause of human rights, even to the extent of violating the rights of individuals. The chapters of this volume take a closer look at these two sides of the Security Council's involvement in human rights; both its efforts to promote and enforce human rights, and its actions that, with the intention of maintaining and restoring international peace, also have the potential to jeopardize human rights. This book represents a collection of individual views and appraisals of how the Council has dealt with human rights issues in the post-Cold War period, particularly in the cases of the economic sanctions imposed on Iraq and the targeted sanctions directed against the Taliban and supporters of the Al Qaida network. Written by experts in the field of international law, they are both positive and negative, critical and analytical. Together they offer a selection of different perspectives and evaluate the contribution of the Security Council to the promotion of human rights, highlighting possible avenue for improvement. Throughout the first decades of its existence, many held the view that the UN Security Council would in some senses automatically encourage the protection of human rights by maintaining international peace. However since the end of the Cold War there have been growing concerns that the Council is a force with the potential to do harm to the cause of human rights, even to the extent of violating the rights of individuals. The chapters of this volume take a closer look at these two sides of the Security Council's involvement in human rights; both its efforts to promote and enforce human rights, and its actions that, with the intention of maintaining and restoring international peace, also have the potential to jeopardize human rights. This book represents a collection of individual views and appraisals of how the Council has dealt with human rights issues in the post-Cold War period, particularly in the cases of the economic sanctions imposed on Iraq and the targeted sanctions directed against the Taliban and supporters of the Al Qaeda network Cover Contents List of Contributors Tables of Cases Tables of Legislation List of Abbreviations 1 Introduction 2 The Security Council and Human Rights—from Discretion to Promote to Obligation to Protect 3 The Security Council as Enforcer of Human Rights 4 The Role for Human Rights in the Decision-making Process of the Security Council 5 Security Council Targeted Sanctions and Human Rights 6 Human Rights Considerations and the Enforcement of Targeted Sanctions in Europe: The Emergence of Core Standards of Judicial Protection 7 Reviewing Security Council Measures in the Light of International Human Rights Principles Annex: Guidelines of the Committee for the Conduct of its Work (Security Council Committee established Pursuant to Resolution 1267 (1999) concerning Al-Qaida and the Taliban and Associated Individuals and Entities) Index A B C D E G H I J K L M N O P R S T U W Introduction / Bardo Fassbender The Security Council and human rights: from discretion to promote to obligation to protect / Daphna Shraga The Security Council as enforcer of human rights / Vera Gowlland-Debbas The role for human rights in the decision-making process of the Security Council / Bardo Fassbender Security Council targeted sanctions and human rights / Annalisa Ciampi Human rights considerations and the enforcement of targeted sanctions in Europe / Erika de Wet Reviewing Security Council measures in the light of international human rights principles / Salvatore Zappalà. What role has the UN Security Council played in the promotion of human rights? Have its past actions breached those same rights the UN is pledged to uphold? Examining these two questions, this book provides a variety of viewpoints on the past, present, and future of the Security Council's role in the promotion of human rights.