Lesson 3: Principles of International Law: Sources of International Law

Criticism of the UN System

Many scholars argue that the UN system sometimes fails because:

• powerful states can bypass the Security Council veto power blocks enforcement international law lacks a central enforcement authority.

Examples often cited include conflicts in:

• Iraq
• Afghanistan

Somalia.

This leads to criticism that international law can be selectively applied by powerful states.

Key LLM-Level Conclusion

Legally, under the UN Charter, the use of force is prohibited except in cases of self-defence or Security Council authorization. Preventive attacks to stop another state from developing nuclear weapons generally lack a clear legal basis in international law.

However, the effectiveness of the international legal system is often limited by power politics, nuclear deterrence, and the veto power within the Security Council.

The veto power and paralysis of the UN Security Council How human rights violations became linked to international peace and security Professional development for international law students Eg.The Veto Power in the UN Security Council The United Nations Security Council is responsible for maintaining international peace and security under the United Nations Charter.

It has 15 members:

• 5 permanent members (P5) with veto power United States United Kingdom France Russia (formerly the USSR)

China

10 non-permanent members elected for two-year terms.

For a resolution to pass:

• At least 9 votes in favour, and No veto from any permanent member.
• A negative vote from a permanent member blocks the resolution, which is known as the veto power.

Result: Security Council Paralysis During the Cold War, ideological rivalry between the Western bloc and the communist bloc led to frequent vetoes.

Examples:

• The USSR often vetoed Western proposals.
• The United States, United Kingdom, and France vetoed proposals from the communist bloc.
• This created a deadlock or paralysis, preventing the Council from acting effectively.

Expansion of Security Council Authority: Human Rights and Peace

Originally, the Security Council interpreted threats to peace narrowly, focusing mainly on inter-state wars.

However, the approach evolved.

Somalia Example During the civil war in Somalia, the Council adopted:

• United Nations Security Council Resolution 794 (1992)

This resolution declared that massive human rights violations and humanitarian crises could threaten international peace and security.

This marked an important development:

• Internal conflicts and humanitarian crises could justify international intervention.

Libya and the Responsibility to Protect

During the conflict in Libya under Muammar Gaddafi, the Security Council adopted:

• United Nations Security Council Resolution 1970 (2011)

Arms embargo Financial sanctions Later:

• United Nations Security Council Resolution 1973 Authorized a no-fly zone Allowed enforcement by organizations like NATO.

Although the mandate was to protect civilians, it ultimately led to regime change, which made some states distrust future interventions.

Syria and Continued Security Council Deadlock In the conflict in Syria:

• Russia and China vetoed several resolutions.
• They argued that Western states misused the Libya mandate, turning humanitarian intervention into regime change.

Gaza and Contemporary Veto Politics

During the war in Gaza Strip involving Israel:

• Several Security Council resolutions aimed at condemning the violence were vetoed by the United States.
• This again illustrates the political nature of the veto system.

Calls for Reform of the Security Council

Because of repeated deadlocks, many scholars and states argue that the United Nations system requires reform.

Common proposals include:

• Limiting the veto power

Expanding permanent membership Including more representation from Africa, Asia, and Latin America Without reform, the Council may continue to experience paralysis in major conflicts.

Professional Development for International Law Students

The lecturer also advised students to join professional organizations such as:

American Society of International Law European Society of International Law Benefits include:

• Access to academic articles and journals
• Invitations to international conferences
• Networking with scholars and practitioners

Strengthening academic CVs and resumes.