The United Nations Security Council
The United Nations Security Council (UNSC), established in 1946 and located in New York City is the organ of the United Nations charged with the maintenance of international peace and security.
Its powers, outlined in the United Nations Charter, include the establishment of peace keeping operations, the establishment of international sanctions regimes, and the authorization for military action. Its powers are exercised through United Nations Security Council Resolutions.
The basic structure of the UNSC is set out in Chapter V of the UN Charter. The chair of the president rotates in alphabetical order of the Security Council member nations names in English.
The role of president of the Security Council involves setting the agenda, presiding at its meetings and overseeing any crisis.
There are two categories of membership in the UN Security Council: permanent members and elected members.
The Council seated five permanent members who were originally drawn from the victorious powers of the World War II: The United Kingdom of Great Britain and Northern Ireland, The United States of America, The French Republic, The Republic of China, The Union of Soviet Socialist Republics (now Russia). Two of the original members, the Republic of China and Soviet Union, were later replaced by recognized successor states. In 1971 The People’s Republic of China was awarded the permanent seat as a successor to The Republic of China and in 1991, Russia, being the legal successor state to the Soviet Union, acquired the originally-Soviet seat, including the Soviet Union’s former representation in the Security Council. These changes were done without amending Article 23 of the Charter of the United Nations.
The five permanent members of the Security Council are the only nations recognized as possessing nuclear weapons under the Nuclear Non-Proliferation Treaty, although it lacks universal validity, as some nuclear nations have not signed the treaty. This nuclear status is not the result of their Security Council membership, though it is sometimes used as a modern-day justification for their continued presence on the body. India, Pakistan, and North Korea possess nuclear weapons outside of the anti-proliferation framework established by the Treaty. Each permanent member has the power to veto any substantive resolution.
Under Article 27 of the UN Charter, Security Council decisions on all substantive matters require the affirmative votes of nine members. A negative vote, or veto, by a permanent member prevents adoption of a proposal, even if it has received the required number of affirmative votes. Abstention is not regarded as a veto despite the wording of the Charter.
Since the security Council’s inception, China has used its veto 6 times; France 18 times; Russia/USSR 122 times; the U.K. 32 times; and the U.S. 81 times. The majority of Russian/Soviet vetoes were in the first ten years of the Council’s existence. Since 1984, China has vetoed three resolutions; France three; Russia/USSR four; the U.K. ten; and the U.S. 43. Procedural matters are not subject to a veto, so the veto cannot be used to avoid discussion of an issue.
In 1965, amendments to articles 23 and 27 of the Charter came into effect, increasing the number of elected members from six to ten. These members are elected by the General Assembly for two-year terms starting on 1st January, with five replaced each year. The members are chosen by regional groups and confirmed by the United Nations General Assembly. The African bloc chooses three members; the Latin America and the Caribbean, Asian, and Western European and Others blocs choose two members each; and the Eastern European bloc choose one member. Also, one of these members is an Arab Country, alternatively from the Asian or African bloc.
Until 2000 Israel was the only United Nations member country not a member of any regional group and so could not be elected to the Security Council or become involved in many consultative UN bodies. Israel would normally fall within the Asia group but many Arab states blocked Israel’s inclusion in this group. In 2000 Israel was granted temporary membership in the Western European and Others Group (WEOG) and this was extended indefinitely in 2004.
A state that is a member of the UN, but not of the Security Council, may participate in Security Council discussions in matters by which the Council agrees that the country’s interests are particularly affected.
The Security Council of the United Nations has primary responsibility under the UN Charter for the maintenance of international peace and security, and its resolutions are binding on all member states.
The Council recommends the name of new secretaries-general, new State members of the UN, and it elects judges to the International Court of Justice, jointly with the General Assembly.
In the key realm of peace and security, it performs three main functions.
- It assists in the peaceful settlement of disputes.
- It establishes and oversees UN peace-keeping forces, and
- It takes enforcement measures against recalcitrant States or other parties.
The UN’s role in international collective security is defined by the UN Charter, which gives the Security Council the power to:
- Investigate any situation threatening international peace;
- Recommend procedures for peaceful resolution of a dispute;
- Economic sanctions: Call upon other member nations to completely or partially interrupt economic relations as well as sea, air, postal, and radio communications, or to sever diplomatic relations; and
- Enforce its decisions militarily, or by any means necessary.
Under Chapter Six of the Charter, “Pacific Settlement of Disputes”, the Security Council “may investigate any dispute or any situation which might lead to international friction or give rise to a dispute”.
The Council may “recommend appropriate procedures or methods of adjustment” if it determines that the situation might endanger international peace and security. These recommendations are not binding on UN members.
Acting under Chapter VI of the Charter, the Council ‘shall, when it deems necessary, call upon the parties’ to a dispute to settle it by peaceful means such as negotiation, mediation, conciliation, arbitration, or judicial settlement (Article 33). And it may, if all the parties to a dispute request make recommendations to the parties with a view to a peaceful settlement (Article 38). In practice, the Council often asks the Secretary-General or one of his Special Representatives to mediate or negotiate under guidelines the Council has established. Increasingly the Council members themselves have traveled to conflict areas in an effort to directly negotiate settlements or mediate conflicts.
Though the first UN peace-keeping force was established by the General Assembly, subsequent forces have been established by the Security Council, which exercises authority and command over them. The Council delegates to the Secretary-General its powers to organize and to exercise command and control over the force, but it retains close management and oversight -- too much so in the view of many Secretariat officials and military commanders. Though the Charter does not expressly provide powers to the Council for peace-keeping forces, the International Court of Justice in a 1962 case found that the Council has an implied power for this purpose.
Peacekeeping forces are usually deployed by the Council only after ceasefires have been agreed upon and so the peacekeepers are only lightly armed and should not be confused with an army fighting an opposing force.
Under Chapter Seven, the Council has broader power to decide what measures are to be taken in situations involving “threats to the peace, breaches of the peace, or acts of aggression”. In such situations, the Council is not limited to recommendations but may take action, including the use of armed force “to maintain or restore international peace and security”. This was the basis for UN armed action in Korea in 1950 during the Korean War and the use of coalition forces in Iraq and Kuwait in 1991. Decisions taken under Chapter Seven, such as economic sanctions, are binding on UN members.
The ‘peace’ referred to in Article 39 may involve conflicts other than those between states. At the time the Charter was established, it was envisaged that conflicts within the borders of a state could also constitute a threat to or breach of the peace, and thus that the Council could order the use of enforcement measures. The Council has broadened its definition of these cases over time, so that gross violations of human rights may now be seen as a threat to the peace, as was the case with the genocide in Rwanda.
In exercising its enforcement powers, the Security Council has imposed economic sanctions against a number of States and other parties.
Under Article 42 of the Charter, the Security Council has the power to order the use of force to maintain or restore peace and security.
Nonetheless the Security Council has delegated its Chapter VII powers to member States who volunteer their forces to carry out the enforcement action. These delegations of power include a delegation of a power of command and control over such forces, usually to those volunteering. Recently, the Council has delegated its enforcement powers to NATO in certain Balkan conflicts, to a force assembled by the Economic Community of West African States in Liberia and Sierra Leone, and to a multinational force led by Australia in East Timor.
The Council has delegated its Chapter VII powers to member States for the attainment of various objectives including to counter a use of force, to carry out a naval interdiction against a state, to achieve humanitarian objectives, to protect UN declared 'safe areas,' and to ensure implementation of a peace agreement.
The U.N. has helped prevent many outbreaks of international violence from growing into wider conflicts. It has opened the way to negotiated settlements through its service as a centre of debate and negotiation, as well as through UN- sponsored fact-finding missions, mediators, and truce observers. UN Peacekeeping forces, made up of troops and equipment supplied by member nations have usually been able to limit or prevent conflict, although sometimes not, some conflicts, however, have proven to be beyond the capacity of the UN to influence. Key to the success of UN peacekeeping efforts is the willingness of the parties to a conflict to come to terms peacefully through a viable political process.
The Rome Statute of the International Criminal Court recognizes that the Security Council has authority to refer cases to the Court, where the Court could not otherwise exercise jurisdiction.
UN Security Council Resolution, 1674, adopted by the United Nations Security Council on 28 April 2006, “reaffirms the provisions of paragraphs 138 and 139 of the 2005 World summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity”. The resolution commits the Council to action to protect civilians in armed conflict.
- Security Council Resolutions are legally binding if they are made under Chapter VII (Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression) of the Charter. Resolutions made under Chapter VI (Pacific Settlement of Disputes), however, have no enforcement mechanisms and are generally considered to have no binding force under international law.
- Those resolutions made outside these two Chapters dealing with the internal governance of the organization (such as admission of new Member States) are legally binding where the Charter gives the Security Council power to make them.
- If the council cannot reach consensus or a passing vote on a resolution, they may choose to produce a non-binding presidential statement instead of a Resolution. These are adopted by consensus. They are meant to apply political pressure- a warning that the council is paying attention and further action may follow.
Press statements typically accompany both resolutions and presidential statements, carrying the text of the document adopted by the body and also some explanatory text. They may also be released independently, after a significant meeting.
There has been discussion of increasing the number of permanent members. The countries who have made the strongest demands for permanent seats are Brazil, Germany, India and Japan. Japan and Germany are the UN’s second and third largest funders respectively, while Brazil, the largest Latin American nation, and India, the world’s largest democracy and second most populous country, are two of the largest contributors of troops to UN-mandated peace-keeping missions.
Since 1946 in last 62 years of its existence The Security Council came under heavy criticisms for various reasons.
Ø It is accused that the five permanent members of the U.N. Security Council have created an exclusive nuclear club whose powers are unchecked. The U.N.S.C. does not truly represent the international community. It only addresses the strategic interests and political motives of the permanent members, especially in humanitarian interventions – for example, protecting the oil-rich Kuwaitis in 1991 but poorly protecting resource-poor Rwandans in 1994.
Ø Another target of criticism is the veto power of the five permanent nations. One veto from any of the five permanent members can halt any possible action the Council may take. One nation’s objection, rather than the opinions of a majority of nations, may cripple any possible UN armed or diplomatic response to a crisis. Since 1982, the US has vetoed 32 Security Council resolutions critical of Israel, more than the total number of vetoes cast by all the other Security Council members. However, Russia (and including formerly the Soviet Union) issued 122 vetoes while the United States only issued a total of 81 vetoes since the formation of the Security Council.
Ø Some critics question its effectiveness and relevance because in most high profile cases, there are essentially no consequences for violating a Security Council resolution. In Darfur crisis, in which Arab Janjaweed militias, supported by the Sudanese Government, committed ethnic cleansing and genocide against the indigenous population and estimated 300,000 civilians have been killed, yet U.N failed to act against this severe human rights issue. Despite of presence of U.N. forces Serbian troops committed genocide against Bosnian Muslims in the largest case of mass murder on the European continent since World War II.
Ø Some argue that the powerful Security Council system does not have distinctions between the legislative, executive, and judiciary branches: the UN Charter gives all three powers to the Security Council.
- United Nations Security Council; http://en.wikipedia.org/wiki/ United_Nations _ Security_Council; accessed on 8/21/2008
- Security Council Reform; http://www.globalpolicy. org/security/reform /index. htm; accessed on 8/21/2008
- UN and World Security in the Next Millennium; http://www.globalpolicy.org /security/reform/logos99.htm; accessed on 8/21/2008
- James, Paul and Celine Nahory; Theses towards a Democratic Reform of the UN Security Council; http://www.globalpolicy.org /security/reform/2005 /0713 theses. htm; accessed on 8/21/2008
- Dan Sarooshi; Security Council; http://www.globalpolicy.org /security/gensc. htm; accessed on 8/21/2008
- Glennon Michael; Why the Security Council Failed; Foreign Affairs, 1 May 2003; http://yaleglobal.yale.edu/article; accessed on 8/21/2008
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