Unformatted text preview: o retain flexibility to deal with real-life solutions. HUMANITARIAN SUFFERING CAN TRIGGER CHAPTER VII PROTECTIONS THREATS TO THE PEACE MEAN HUMAN RIGHTS TAKE PRECEDENCE OVER Christopher J. Le Mon and Rachel S. Taylor, Law Clerk, International Court of Justice, 2003-04 and Deputy Editor, Tribunal Project, Institute for War and Peace Reporting, 2004. U.C. Davis Journal of International Law & Policy, p. 207. As noted above, for much of the United Nations' history, the reference in Chapter VII to a "threat to the peace" was thought to apply exclusively to situations with international effects (though, because of Cold War tensions, the Council agreed to take Chapter VII action only rarely, international effects or not). As the Cold War stalemate thawed in the 1990s, however, consensus among the five permanent members of the Security Council became possible, and the Council increasingly invoked Chapter VII in carrying out its duties. In several of these instances, the referenced threat to the peace has come as a result of humanitarian suffering and violations of human rights. SLHS Value File PROTECTION OF HUMAN RIGHTS VIA CHAPTER VII INTERVENTION IS KEY TO PEACE AND JUSTICE Christopher J. Le Mon and Rachel S. Taylor, Law Clerk, International Court of Justice, 2003-04 and Deputy Editor, Tribunal Project, Institute for War and Peace Reporting, 2004. U.C. Davis Journal of International Law & Policy, p. 228. Nevertheless, the Security Council should be tentatively applauded for showing an increased willingness to expand on the traditional notion of a "threat to the peace" in order to bring the protection of human rights within its purview. n147 In a slow but progressive manner, the Council has become increasingly prepared to make use of Chapter VII mechanisms in order to combat gross violations of human rights. This maturation is an essential prerequisite to an international order in which the world community accepts responsibility for the protection of human rights and refuses to tolerate human...
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This document was uploaded on 11/20/2013.
- Fall '13