{"title":"The war in Ukraine and legal limitations on Russian vetoes","authors":"Anne Peters","doi":"10.1080/20531702.2023.2264085","DOIUrl":null,"url":null,"abstract":"A veto exercised by a permanent member of the UN Security Council to shield that state’s own manifest and prima facie aggression from condemnation and collective action by the Council is legally flawed. The UN Charter can be reasonably interpreted as prohibiting such a veto and depriving it of legal force. This flows from Article 27(3) of the Charter, in conjunction with the prohibition of the abuse of rights, as a manifestation of the principle of good faith, and the obligation to respect the right to life, against the background that the prohibition has the status of jus cogens. These norms generate a legal responsibility of all Security Council members to treat such vetoes as abusive and therefore as an abstention.","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"48 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal on the Use of Force and International Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20531702.2023.2264085","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
A veto exercised by a permanent member of the UN Security Council to shield that state’s own manifest and prima facie aggression from condemnation and collective action by the Council is legally flawed. The UN Charter can be reasonably interpreted as prohibiting such a veto and depriving it of legal force. This flows from Article 27(3) of the Charter, in conjunction with the prohibition of the abuse of rights, as a manifestation of the principle of good faith, and the obligation to respect the right to life, against the background that the prohibition has the status of jus cogens. These norms generate a legal responsibility of all Security Council members to treat such vetoes as abusive and therefore as an abstention.
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