The International Court of Justice and its Powers to Judicial Review of the United Nations Security Council Resolutions

0564792 - ÚSP 2023 RIV CZ eng J - Journal Article
Mrázek, Josef
The International Court of Justice and its Powers to Judicial Review of the United Nations Security Council Resolutions.
The Lawyer Quarterly. Roč. 12, č. 4 (2022), s. 393-407. ISSN 1805-8396. E-ISSN 1805-840X
Institutional support: RVO:68378122
Keywords : judicial review * Security Council * UN Charter * International Court of Justice * Advisory opinion * Lockerbie * international law
OECD category: Law
Method of publishing: Open access
https://tlq.ilaw.cas.cz/index.php/tlq/article/viewFile/530/531

The UNSC has under Chapter VII of the UN Charter broad powers to maintain international peace and security. The “primary responsibility” of the UNSC for this “maintenance” was expresiss verbiss embodied in the UN Charter (Art. 24). The only explicit limitation on the UNSC powers is in Art. 24(2), which states that the UNSC shall act in accordance with the purposes and principles of the United Nations. There is often raised a legitime question of judicial review of the Council’s decisions. Frankly to say this possibility was rejected already during negotations on the UN Charter. This study is dealing with contentions jurisdiction of the ICJ and its advisory opinions as well. The UNSC cannot act contrary to jus cogens. But the UN Charter does not explicitly authorize the ICJ to review the legality or validity of acts of the UNSC and other bodies of the UN. There is opinion that UNSC resolutions which are ultra vires or violate jus cogens norms are void and not legally binding. However, another opinion insists that the UNSC sole bears responsibility for determination of legality of its own acts.The members of the UN agree to acceps and carry out the decisions of the UNSC in “accordance with the present Charter”. This brief study endeavours to discuss the question of judicial control of acts adopted by the UNSC. The issue of judicial review has received extensive scale of discussion in the last years. But there are problems with the scope and implementation of judicial review.
Permanent Link: https://hdl.handle.net/11104/0336388