LE POUVOIR NORMATIF DU CONSEIL DE SÉCURITÉ: LE CONSEIL DE SÉCURITÉ PEUT-IL LÉGIFÉRER?

The absence of a legislator is one of the features of international society. Now, freed from the veto threat, the Security Council has spread out its capabilities and recently adopted general and impersonal rules disconnected from any special crisis, on the basis of three resolutions 1373(2001), 1540(2004), and 1566(2004), rooted in Chapter VII. The legitimacy as well as the validity of this practice may be disputed. The Security Council used it several times in fact, yet moderately, when seeking to complement obligations linked to the fight against terrorism, as the General Assembly would not adopt the relevant rules and conventions. Although some States may have objected, resolutions have been adopted with no great problem. This practice has nevertheless led to raise once more the issue of control over Security Council resolutions.