UN Peace Operations and Security Council Resolutions: A Tool for Measuring the Status of International Human Rights Law?

Abstract

This article argues that Security Council resolutions adopted in the context of UN peace operations may be considered a useful instrument by which to assess political acceptance of international human rights law. By analysing all peace resolutions' adopted since 1945, four distinct periods may be discerned which illustrate the development of the Council's approach to human rights (1945–1989; 1990–1995; 1995–1998; and 1998-present). Such analysis reveals, however, that human rights are still accorded a lower status with respect to other bodies of international law, and international humanitarian law in particular. This is reflected in a persistent refusal of the Council to avail itself of explicit legal human rights language and by avoiding references to international human rights treaties. Human rights thus appear to constitute a convenient smorgasbord a la carte behind which States (the P5) may pick and choose according to political interests and shy away from legal responsibilities. Nevertheless, it is suggested that UN ‘peace resolutions' may indirectly, through various bodies, enhance the status of international human rights law: the International Court of Justice, the UN human rights treaty body system and human rights components of UN peace operations.