In her book, Existing Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes, Jennifer Trahan outlines three independent bases for the existence of legal limits to the veto by UN Security Council permanent members while atrocity crimes are occurring. The provisions of the UN Charter creating the veto cannot override the UN’s ‘Purposes and Principles’, nor jus cogens (peremptory norms of international law). There are also positive obligations imposed by the Geneva and Genocide Conventions in situations of war crimes and genocide – conventions to which all permanent members are parties. The author demonstrates how vetoes and veto threats have blocked the Security Council from pursuing measures that could have prevented or alleviated atrocity crimes (genocide, crimes against humanity, war crimes) in places such as Myanmar, Darfur, Syria, and elsewhere. As the practice continues despite regular condemnation by other UN member states and repeated voluntary veto restraint initiatives, the book explores how the legality of this practice could be challenged.
Jennifer Trahan is a Clinical Professor at NYU’s Center for Global Affairs and Director of their Concentration in International Law and Human Rights. She is an internationally renowned expert on issues of international law and international justice. She is also a prolific scholar, having published two digests on the case-law of the ad hoc tribunals, as well as scores of law review articles and book chapters, including on the International Criminal Court’s crime of aggression. Her recent book, “Legal Limits to Security Council Veto Power in the Face of Atrocity Crimes” (Cambridge U. Press 2020), received the 2020 Book of the Year Award from the American Branch of the International Law Association (ABILA). She serves as one of the US representatives to the Use of Force Committee of the International Law Association and holds various positions with the ABILA. She has served as an amicus curiae to the International Criminal Court on the appeal of the situation regarding Afghanistan and on the Council of Advisers on the Application of the Rome Statute to Cyberwarfare. She additionally serves as Convenor of the Global Institute for the Prevention of Aggression, and serves as a special advisor to states and others on the creation of a Special Tribunal on the Crime of Aggression for the situation of Ukraine.