CYIL vol. 14 (2023)
MARKO SVICEVIC CYIL 14 (2023) lines between Chapter VII resolutions and those which do not authorise force. At the time of its adoption, questions arose as to whether Resolution 2249 (2015) implicitly authorised the use of force by virtue of its recognition of the right of self-defence in Article 51 of the UN Charter. As the authors convincingly display, Resolution 2249 (2015) presents further evidence of the recognition of the right of self-defence against non-state actors, and not an authorisation for the use of force. Similarly, they dispel arguments favouring implicit or retroactive authorisation – despite its reliance in several previous situations (Kosovo, 1999; Liberia, 1993; Iraq, 2003). As the authors show, such arguments pose significant risk to the UN collective security system. Ultimately, Wood and Sthoeger have put together a well-detailed and well-analysed book considering the nature, powers, limitations and (legal) expectations of the Council. On its merit, one is left with considerable thought as to the Council’s past and present practice. Moving forward, to what extent the Council’s ongoing actions, particularly concerning some of the most pressing issues such as Ukraine, can firmly contribute to the restoration and maintenance of international peace and security. As the authors outline: in some instances, the Council has successfully fulfilled its mandate, in others, it has miserably failed. The Council represents the heart of the UN Charter system of collective security and its success ultimately depends on co-operation with member states. On this, they boldly remind, that despite its imperfections, the Council is the only one we have.
Marko Svicevic *
* Dr Marko Svicevic, LL.Dip. is a researcher and lecturer and the Centre for International Humanitarian and Operational Law and the Faculty of Law, Palacký University Olomouc (Czech Republic) and a post-doctoral research fellow at the South African Research Chair in International Law, Faculty of Law, University of Johannesburg.
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