Journal Article

Revisiting Veto Power in the Context of Atrocity Crimes

Al-Muhana, Sharefah Ahmad

2022

Overview

The excessive, abusive use of veto power during the war in Syria has prompted the international community to seek ways to overcome this veto power, mainly when doing so is necessary to prevent atrocities. The use of veto power to advance the national or regional interests as well as the economic, political, or strategic interests of a Security Council's permanent member state on a way that impair a vital humanitarian interest of a state under conflict or the international community as a whole, undermines the Security Council's role to maintain the international peace and security. This usage may also affect other states' compliance with the veto power. In other words, the veto system could eventually lose its effectiveness if the international community continues to find justifications to non-compliance with the veto. This paper sheds light on events that have occurred during the Syrian war that give rise to Grotian Moments, or have the potential to do so, to create new customary international law rules governing the use of the veto power. Furthermore, this paper sorts out the principles invoked during those events as legal justifications to restrict or overthrow the veto power. Moreover, this paper identifies legal circumstances to facilitate any discussions regarding setting limitations on or obstructions to veto power in the context of atrocities. This research stresses the importance of determining a proper environment to overcome the veto power. This environment consists of unified, clear, and fair circumstances acceptable to all states, regardless of whether they are permanent or non-permanent members of the Security Council. Therefore, this proposal seeks to advance the legal system governing the use of the veto power for fighting brutality.

• Publisher: جامعة الكويت - مجلس النشر العلمي
• Subject: جرائم الحرب / حق الفيتو / سوريا / مجلس الأمن الدولي