The Case-by-Case Approach

Abstract

For the first four decades, the Security Council dealt with most human rights issues on an ad hoc basis. The single exception to this practice was the issue of self-determination, which preoccupied many UN organs in addition to the Security Council. There were occasional references to human rights instruments in resolutions1 or speeches.2 Occasionally the Council would include in a resolution or statement an appeal in general terms to respect human rights.3 From time to time, the Council received documents regarding human rights from other UN organs.4 The Council also received from UN Members documents alleging violations of human rights by other UN Members, but with no expectation that the Council would debate the matter or take a decision. That was probably the situation regarding a Soviet document in 1950 alleging ‘unremitting terrorism and mass executions in Greece’. Britain stated in the Council that matters dealt with in the Soviet document ‘are clearly within the sphere of Greek domestic jurisdiction, and the United Nations … is therefore precluded from discussing them’. The Council rejected the Soviet proposal to include the item in the agenda.5 Some States that have been criticized for failing to respect the human rights of those for whom they are responsible have turned the tables by criticizing their critics. In 1990, Israel circulated to the Security Council some of the Country Reports on Human Rights prepared by the US State Department, relating to eighteen States that had criticized Israeli policy.6 A recent, and respectable, use of this procedure was a document from Portugal alleging massive violations of human rights in East Timor.7