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The Security Council and Enforcement Measures Short of Armed Force

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Chapter Summary

This chapter examines the Security Council practice with respect to international law in cases of enforcement measures short of armed force, which can take a multitude of forms. Initial optimism about the use of particularly economic sanctions as a coercive, non-violent means of attempting to effectuate change in state behaviour has nevertheless waned considerably. Nonetheless, the Security Council has also taken innovative steps to combat threats to peace by establishing two ad hoc international criminal tribunals for prosecution of serious violations of international humanitarian law. The Council has increasingly involved itself in efforts to combat terrorism, and it has done so through the imposition not only of collective sanctions, but also of general measures. The chapter examines whether the Security Council, in accordance with the principle of legality, has taken into account issues of international law, including its own competences, arising from the imposition of the types of enforcement measures.

Keywords: armed force; economic sanctions; enforcement measures; international criminal tribunals; international humanitarian law; international law; principle of legality; Security Council



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