Recourse to the UN Security Council for the Purpose of Implementing the International Court of Justice judgments

پژوهش نامه ایرانی سیاست بین الملل

Article 11, Volume 8, Issue 2 - Serial Number 16, June 2020, Pages 273-292   

Document Type: مقالات

DOI: 10.22067/ijip.v8i2.80275

Authors

mohsen mohebi^{* 1}; Vahid Bazzar²

¹Associate professor, Islamic Azad University, Sciences and Researches Branch of Tehran

²Ph.D of International Law, Allameh Tabataba'i University

Abstract

In accordance with article 94(2) of the charter of United Nations, If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment. The Council has the full authority in response to the request of the beneficiary of judgment. However, if it accepts the request, it should not review The Court's judgment in merit. Also, the Council is not required to take into account threats to peace, violations of peace or aggression (article 39) for action according to article 94(2), and has the full authority in the type of recommendations it propose or measures it adopt. Permanent members of the Council shall not have any prohibition to veto. However, there are disagreements about whether a member of the Council that is a party to the dispute and the judgment of the Court can participate in voting in the Security Council. In practice, although the issue of the implementation of the judgment of the Court in the Council has been raised four times, no significant efforts have been made by the United Nations political organ in the implementation of judgments of the UN's judicial organ. The Council's passive approach to ensuring the implementation of the Court's judgment, which is undoubtedly one of the most important ways to resolve peaceful dispute settlement in interstate relations, is contrary to the Council's primary function, the primary responsibility for the maintenance of international peace and security, and it is required for Council to use the capacities of Article 94(2) of the Charter to implement appropriately its primary duty.

Keywords

International court of justice; Security council; Article of 94(2) of charter; Judgment; Interim order

References

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