Introduction

This chapter addresses the question of how the supremacy of the rule of law can be sustained in relation to the Security Council acting under Chapter VII of the UN Charter. Since the 1990s, recourse to Chapter VII has become a commonplace and unchallenged practice of the Council, furnishing a wide range of flexible grounds for justifying its actions. The highly political nature of the body, influenced largely by the five permanent members (P-5), in combination with the discretionary use of Chapter VII powers, has allowed the Council to expand its scope of activities whenever the political hurdle of the veto can be overcome. Recent developments in the Council's activity have seen a legislature-like endeavour to address threats posed by non-state actors, and more complex and technical administrative operations imposing sanctions against such non-state actors.

There is no doubt that Chapter VII powers must be exercised consistently with the UN Charter. The legality of the Council's actions is subject to the purposes and principles of the Charter including subsequently developed human rights norms. It is also arguable that the Council's decisions under Chapter VII must be adopted within the jurisdictional limits, which form the prerequisites for the valid exercise of Chapter VII powers. Yet the reference to such requirements does not automatically lead to the objective assessment of the legality and validity of the Council's action. It requires a mechanism whereby the legality and validity of the Council's decision is subject to public scrutiny.