October 2013 Monthly Forecast

PEACEMAKING, PEACEKEEPING AND PEACEBUILDING

In Hindsight: Chapter VII

 

Also see An Abridged History of Security Council Deadlocks and Uniting for Peace

Permanent members have worked overtime for nearly two weeks to codify into a Security Council decision the 14 September Russia-US agreement to secure and dismantle chemical weapons stockpiles in Syria. With the issue of whether the Council acts under Chapters VI or VII of the UN Charter, and whether it does so in a binding manner, at the core of these negotiations, it may be worthwhile to take a closer look at this matter. There seems to be some uncertainty as to the difference between Chapters VI and VII, and also about what makes a Council decision binding under international law.

Interpretation of Security Council resolutions is a complex art. As determined by the International Court of Justice in its advisory opinion of 21 June 1971 (Namibia), “the language of a resolution of the Security Council should be carefully analysed before a conclusion can be made as to its binding effect. In view of the nature of the powers under Article 25, the question whether they have been in fact exercised is to be determined in each case, having regard to the terms of the resolution to be interpreted, the discussions leading to it, the Charter provisions invoked and, in general, all circumstances that might assist in determining the legal consequences of the resolution of the Security Council” (para. 114). With the above in mind, the following guidelines may therefore be helpful in determining whether a particular Council decision or provision is binding:

For a more detailed analysis, see our 23 June 2008 Special Research Report entitled “Security Council Action under Chapter VII: Myths and Realities”.

Subscribe to receive SCR publications