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Mr. Giorgio Gaja

Judge Giorgio Gaja
International Court of Justice

Biography Biography in PDF
States
Responsibility
The Impact of Security Council Resolutions
on State Responsibility
While the Security Council does not have competence to settle disputes concerning the existence of an internationally wrongful act, its resolutions may affect the application of the rules on State responsibility. This arguably applies also to non-binding resolutions.

Video | Audio
(30/10/2008, 38 minutes)
States
Responsibility
The Impact of Security Council Resolutions on State Responsibility
A. Legal Instruments
Charter of the United Nations and Statute of the International Court of Justice, San Francisco, 26 June 1945.

International Law Commission, Articles on Responsibility of States for Internationally Wrongful Acts, 2001.
B. Jurisprudence
International Court of Justice, Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libyan Arab Jamahiriya v. United States), Preliminary Objections, Judgment of 27 February 1998, I.C.J. Reports 1998, p. 115.

European Court of Human Rights, Behrami and Behrami v. France (no. 71414/01) and Saramati v. France, Germany and Norway, no. 78166/01, Decision of 2 May 2007 (Grand Chamber).

House of Lords, R (on the application of Al-Jedda) (FC) (Appellant) v. Secretary of State for Defence (Respondent), Judgment of 12 December 2007, [2007] UKHL 58.
C. Documents
Security Council resolution 138 (1960) of 23 June 1960.

Security Council resolution 687 (1991) of 3 April 1991.

Security Council resolution 748 (1992) of 31 March 1992.