Enforcement of UN Security Council Resolutions and of International Court of Justice Judgments: The Unreliability of Political Enforcement Mechanisms

Abstract

This study outlines the different enforcement mechanisms of Security Council resolutions as well as of ICJ judgments. Overall, enforcement can take two forms: direct enforcement, when the content of the decision not implemented by the addressee is implemented by another actor; or indirect enforcement, when coercive measures are taken against the non-complying actor in order to compel compliance. The study first outlines how binding Security Council measures are enforced, before analysing the enforcement of ICJ judgments. It then examines the enforcement of Security Council resolutions and of ICJ judgments, arguing that such enforcement is mostly political, influenced by State sensitivities and thus, unreliable. The study finally concludes with some proposed alternatives to improving the consistency of the enforcement of Security Council and ICJ measures.

Keywords: ICJ, ICJ judgments, Security Council, Security Council resolutions, direct enforcement, indirect enforcement