Abstract
The modern-day international law is chiefly regulated by International Organisations. One such organisation that has emerged at the forefront is the United Nations. The advent of UN saw the rise of the Security Council, which is one of the six primary organs of the UN. Post-1990s, the Security Council started establishing its footprint through its resolutions, thereby imposing its own will in specific instances of violations of human rights of individuals. This paper attempt to finds answers to questions like, firstly, is there a restriction on the Security Council resolutions? If affirmative, does the solution lie in a higher norm called jus cogens (hereinafter also referred to as ‘peremptory norm’); secondly, is there any mechanism for security council impact assessment in the Security Council to place a tap on the Security Council’s actions; thirdly, the emergence of fragmentation and its repercussion in the domain of jus cogens and Security Council; and finally the consequences and implication of the Security Council resolutions contradicting jus cogens. The paper is divided into four sections; the first tracks the concept of jus cogens in international law. The second analyses the interaction of jus cogens and Security Council resolutions. The third section covers the consequences of the violation of peremptory norm through the Security Council resolutions. The final section highlights the impact of fragmentation of international law on peremptory norm and Security Council resolution.
Recommended Citation
Alexander, Atul
(2019)
"Application Of Peremptory Norm of General International Law To United Nations Security Resolutions: One Step Forward And Two Steps Back,"
National Law School Journal: Vol. 15:
Iss.
1, Article 9.
Available at:
https://repository.nls.ac.in/nlsj/vol15/iss1/9