Accordingly we try to incorporate insights from these fields, where appropriate, in our analysis. We are primarily concerned with a legal analysis of the provisions relating to suspension and expulsion, but it is clear that this cannot be considered in monastic seclusion from politics and international relations. There exists rich literature in these fields dealing with international organizations. The examples considered in this article necessarily implicate involve questions of the field of politics and international relations. We also consider the case of Azerbaijan, due to the Azerbaijani authorities’ lack of respect for human rights, the existence of political prisoners in the country, accusations of corruption and failure to enforce the judgments of the ECtHR. The attempts to undermine the legitimacy of the ECtHR by Turkey's failure to execute its rulings and Turkish actions in relation to financial contributions to the CoE budget are also a cause for concern. The practice of Russia that we are concerned with is relates to its occupation of a part of the territory of another Member State of the CoE, its support for separatist movements in the region, its refusal to collaborate with the CoE and its failure to comply with the judgments of the European Court of Human Rights (ECtHR). We consider the examples of Russia, Turkey and Azerbaijan but this list is not exhaustive. In this article we examine the behaviour of States, particularly behaviour that shows a persistent and clear disregard of the values and aims of the CoE. The arguments advanced are those most appropriately directed towards regional human rights organizations. Therefore, this article, whilst based on the experience of international organizations generally, pays particular attention to the role and the function of the CoE. If one of its members seriously violates these principles it undermines the credibility of the whole organization, making it unable to fulfil its statutory functions. The CoE is a regional organization that is designed to promote human rights, democracy and the rule of law. Footnote 1 However, this argument does not apply equally to every international organization. Some commentators argue that expulsion is not a good idea because it cuts all the ties between the State in question and the organization, which prevents the organization influencing the State. There is no consensus on the question of the use of such sanctions. The analysis is based on the experience of other international organizations in applying sanctions of suspension and expulsion. This article suggests a framework that would assist decision-makers in systematizing and weighing the competing arguments. Such an important decision as suspension or expulsion inevitably attracts multiple arguments for and against it. This article proposes a new approach to the question of when and how the Statute of the CoE should be invoked in relation to the suspension and expulsion of Member States for failing to comply with their obligations under the Statute. The nature of this crisis prompts consideration of the steps that might be taken to deal with it. The other great European legal order, that of the Council of Europe (CoE), faces a more insidious crisis: the liberal system on which it is based is being undermined through more subtle means by some States. Brexit means that the legal order of the European Union, founded on a policy of integration, faces a fundamental challenge. The European legal systems are in crisis. These considerations include the implications of sanctions on the legitimacy of the Council of Europe, the level of human rights protection and the financial stability of the organization. It proceeds to outline the considerations that should be taken into account in deciding whether a Member State should be suspended or expelled. It will be argued that the scale and intensity of challenges distinguish the current state of affairs from other ‘problematic’ periods in the Council's history. It then explains why it is necessary to discuss potential sanctions that the Council can apply in the context of current controversies involving the Council and Member States. This article first briefly examines the practice of international organizations in applying sanctions such as expulsion and suspension to their members. The effectiveness and legitimacy of the Council of Europe can be undermined by the actions of Member States which fail to comply with their international law obligations of genuine cooperation with the organization.

Difficult decisions