The Role of UN Organs in Implementing State Responsibility in Global Security Contexts
Vincent-Joël PROULX, Assistant Professor at the Faculty of Law of the National University of Singapore
Despite the significant scientific emphasis on the role of the UN Security Council as a legislator, that is, the creator of the main commitments to combat terrorism, the emphasis placed on the role of the Security Council as an executor of these legal rules is insufficient in cases when it comes to enforcing these legal obligations in practice.
The lack of discourse in this area leaves the urgent request – whether this body can apply the rules of the Law of Responsibility of States – a mechanism designed to implement the responsibility of the state for non-fulfillment of its international obligations and to implement the legal consequences of unlawful conduct. I will consider the role of this mechanism, if any, in stimulating or reminding the UN Security Council that it has exercised its powers when considering counter-terrorism issues. My goal is to clarify whether the institutionalization of this normative scheme could bring interesting political benefits in response to global security threats.
Apart from the means of self-help and unilateral countermeasures, I will highlight the responsibility of the state for the inability to prevent terrorism which can be implemented by the Security Council and other United Nations bodies. By arguing my statements, I will use the relevant institutional and state practice. There will be a picture in which the Council can play a role, sometimes decisive, in applying the rules of State’s Responsibility; this is a perspective that can become a long-awaited alternative to unhindered one-sidedness.