he were, ‘as Members of the United Nations

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Last updated: December 31, 2019

he Security council derives its power from the UN charter. The Council’s powers are to, investigate any dispute or situation which might lead to international conflict, recommends methods and terms of settlement, recommends actions against any threat or act of aggression, recommends to the General Assembly who should be appointed Secretary-General of the United Nation Article 25 stipulates that Members of the organization ‘agree to accept and carry out the decisions of the Security Council in accordance with the present Charter. For the purpose of article 103, duties of the members in accordance with the charter are binding and override other obligations. This was the central issue in Lockerbie, one of the few cases where the effects of Article 103 have been specifically considered. the case dealt with the question whether Libya was obliged to extradite two of its nationals who were accused of blowing up an aircraft over the Scottish village of Lockerbie.

Libya relied on the 1971 Montreal Convention, arguing that it was only bound to extradite the suspects if it did not prosecute them domestically (something which it claimed to be doing). At the same time, the Security Council adopted Resolution 748 (1992) demanding that Libya go forward with the extradition. The ICJ concluded that whatever choice Libya might have had under the Montreal Convention, the Security Council resolution enjoyed priority.

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This was because all parties to the dispute were, ‘as Members of the United Nations …

obliged to accept and carry out the decisions of the Security Council in accordance with Article 25 of the Charter’.   The Court went on to consider that. prima facie this obligation extends to the decision contained in resolution 748 (1992) and …

in accordance with Article 103 of the Charter, the obligations of the Parties in that respect prevail over their obligations under any other international agreement, including the

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