Collective Security and Human Rights
HIERARCHY IN INTERNATIONAL LAW: THE PLACE OF HUMAN RIGHTS, pp. 42-70, Erika de Wet and Jure Vidmar, eds., Oxford University Press, 2012
41 Pages Posted: 15 Sep 2010 Last revised: 29 Jan 2012
Date Written: September 15, 2010
When the Security Council imposes binding obligations through decisions adopted under Chapter VII of the UN Charter it may impact on internationally protected human rights and the corresponding obligations of UN member states to respect these rights. Member states are then faced with potentially conflicting obligations. This contribution surveys the respective position of Security Council measures and human rights obligations in the (emergent) normative hierarchy of international law. It defines normative conflict and discusses state practice in order to establish whether Article 103 of the UN Charter is a conflict or a hierarchy rule and whether human rights obligations are subordinate to Security Council measures.
Keywords: Norm Conflict, Normative Conflict, Apparent Conflict, Genuine Conflict, Normative Hierarchy, Human Rights, Security Council, Chapter VII, Sanctions, Article 103
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