Between Legality and Legitimacy, a proposal for Judicial Review of Security Council Collective Security Actions in Light of Responsibility to Protect and Just War Theory

Resumo

The purpose of this article is to question whether the powers of the United Nations Security Council (SC) are subject to any limitation under in-ternational law, especially in the context of the Responsibility to Protect (RtoP) doctrine. And consequently, which organism will be entitled to hold the SC accountable for its actions, and how that organism should do it.The first chapter of this article deals with the possible limitations of the SC, it considers both legal and legitimacy restraints to the broad powers of the SC. Additionally, we will explain how RtoP presents itself as a new challenge to the legitimacy of the SC.Chapter 2 discusses which organisms within the UN system, may be ap-propriate to hold the SC responsible for its actions. Finally, in Chapter 3, we will review the legal status of RtoP, and explain how the ICJ could use Just War criteria as a valuable tool for a judicial review process of SC decisions based on RtoP