La necesidad de controles de legalidad adecuados a los actos del consejo de seguridad ante su incursión en los procesos de creación normativa del Derecho Internacional

Abstract

Abstract: Since the creation of the United Nations Organization, international organizations have proliferated, securing a preponderant role in the production of international norms for themselves. The United Nations Security Council has undergone an expansion of its powers, which is pretended to be justified by virtue of the implied powers doctrine. This power expansion, allows the Security Council to adopt resolutions of a legislative nature in the field of the global struggle against terrorism. By such resolutions, it imposes targeted sanctions, mainly consistent in the freezing of assets and the application of mobility restrictions to those individuals suspected of participating in terrorist activities on an international scale. In some cases, such sanctions have been applied in detriment of the procedural rights of the affected individuals. Given that there aren´t any suitable review mechanisms at the United Nations level, some regional and national courts, mainly operating in Europe, have developed indirect judicial review mechanisms in order to annul the sanction´s domestic implementation acts. Such mechanisms, are themselves developed within a model of expressive judicial review. By virtue of this model, the implicated judicial organs effectively communicate amongst each other through their judgments, sharing the relevant interpretation criteria that will allow them to protect the values commonly held by their respective judicial systems. Such an event, indicates the emergence of a global community of courts which, acting within an imperfect model of international constitutionalism, aims to control the application of the Security Council´s Resolutions by employing human rights standards. So far, the indirect review of the Security Council´s resolutions has resulted in a limited degree of protection. Such situation, indicates the need to develop appropriate legal controls for the Security Council´s acts.