The UN Security Council as legislator. A critical analysis

The UN Security Council’s scope of intervention has broadened significantly over the past years. The Council has intervened in such a diverse number of situations, ranging from resolutions concerning a specific conflict to adopting more general resolutions and enforcing general obligations to Member States. The latter is a new role that goes beyond its conventionally accepted power of implementing specific legally binding obligations on Member States under Chapter VII of the UN Charter. This newfound role, although presenting its advantages, has been largely criticized. It is evident that in assuming this new role the UN Security Council has stepped out of the competency of its original function as a political organ. In this study, we examine cases in which the Security Council has made use of both direct and indirect normative powers, namely while establishing the Statute of the ICTY and the ICTR, and also in the adoption of Resolution 1373 and 1540. Finally, we discuss why it should avoid making use of any legislative powers