Limits of the International Legal Responsibility of the UN Secretary-General in the Context of His Statutory and Implied Powers
DOI:
https://doi.org/10.21564/2414-990X.170.337787Keywords:
United Nations, UN Secretary-General, UN Charter, international legal responsibility, international law customs, international intergovernmental organizationAbstract
The relevance of the study is determined, firstly, by numerous examples from the practice of modern international relations related to attempts to hold the Secretary-General of the United Nations accountable by states dissatisfied with his political activities; and, secondly, by the lack of fundamental scientific works devoted to this issue. The article examines the international legal framework of the Secretary-General's powers, within which he can implement his policy both on managing the staff of the Secretariat and on representing the UN in the international arena. The focus of the article is the study of his powers based on: a) the UN Charter and other its normative legal acts, and b) international law customs formed over the years of the UN's activity in the person of its Secretary-General as the chief administrative official. The article establishes that such customs, in particular, include the rules governing the preventive diplomacy of the Secretary-General and his participation in the settlement of international disputes and conflicts. This article also examines the provisions of the draft articles on the responsibility of international organizations developed by the UN International Law Commission and taken into account by the UN General Assembly in 2011 (UNGA Resolution 66/100 "Responsibility of International Organizations" of 9 December 2011). The general conclusions reached by the author are that, firstly, the international legal responsibility of the Secretary-General is inseparable from the international legal responsibility of the UN as a whole; and secondly, contemporary international law has a sufficient normative basis for the settlement of disputes between the UN and states dissatisfied with its policies in connection with the activities of its Secretary-General.
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