Chapter XI. The Role of the UN Security Council in Implementing International Humanitarian Law and Human Rights Law

Abstract

Traditionally the implementation of human rights law (HRL) and international humanitarian law (IHL) is not considered to be within the primary responsibilities of the United Nations, (U.N.) Security Council. The Security Council is rather a highly political organ primarily charged to maintain international peace and security. This chapter analyzes the practice of the Security Council relating to HRL and IHL. It examines the development of this practice with special attention being paid to practice closely linked to the determination of a threat to international peace and security by the Security Council according to Article 39 U.N. Charter. The evaluation of the practice attempts to show its relevance in discussing the new concepts of ?human security? and the ?responsibility to protect.? Finally, the impact of this practice upon the Security Council and for HRL and IHL in general is examined. Keywords: human rights law (HRL); human security; international humanitarian law (IHL); international peace; U.N. Charter; UN security council