United Nations Security Council
Overview
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
and is charged with the maintenance of international peace and security
International security
International security consists of the measures taken by nations and international organizations, such as the United Nations, to ensure mutual survival and safety. These measures include military action and diplomatic agreements such as treaties and conventions. International and national security...
. Its powers, outlined in the United Nations Charter
United Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
, include the establishment of peacekeeping
Peacekeeping
Peacekeeping is an activity that aims to create the conditions for lasting peace. It is distinguished from both peacebuilding and peacemaking....
operations, the establishment of international sanctions
International sanctions
International sanctions are actions taken by countries against others for political reasons, either unilaterally or multilaterally.There are several types of sanctions....
, and the authorization of military action
War
War is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
. Its powers are exercised through United Nations Security Council resolution
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....
s.
The Security Council held its first session on 17 January 1946 at Church House, Westminster, London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
.
Unanswered Questions
Discussions
Timeline
1960 Belgium defends its intervention in the Congo to the United Nations Security Council while the government of the Congo appeals to the Soviet Union to send troops to push back the Belgians. The governments of the United States and France and the North Atlantic Treaty Organization warn the Soviets to stay out of the dispute.
1971 Representatives of the People's Republic of China attend the United Nations, including the United Nations Security Council, for the first time.
1971 The United Nations Security Council calls an emergency session to consider the deteriorating situation between India and Pakistan.
1980 The United Nations Security Council votes 14-0 that member states should not recognise Jerusalem as the capital of Israel.
1990 Gulf War: the United Nations Security Council orders a global trade embargo against Iraq in response to Iraq's invasion of Kuwait.
1990 Gulf War: The United Nations Security Council passes United Nations Security Council Resolution 678, authorizing "use all necessary means to uphold and implement" United Nations Security Council Resolution 660 "to restore international peace and security" if Iraq did not withdraw its forces from Kuwait and free all foreign hostages by January 15, 1991.
1991 The United Nations Security Council adopts Security Council Resolution 721, leading the way to the establishment of peacekeeping operations in Yugoslavia.
2009 North Korea launches its controversial Kwangmyŏngsŏng-2 rocket. The satellite passed over mainland Japan, which prompted an immediate reaction from the United Nations Security Council, as well as participating states of Six-party talks.
Encyclopedia
The United Nations Security Council (UNSC) is one of the principal organs of the United Nations
and is charged with the maintenance of international peace and security
. Its powers, outlined in the United Nations Charter
, include the establishment of peacekeeping
operations, the establishment of international sanctions
, and the authorization of military action
. Its powers are exercised through United Nations Security Council resolution
s.
The Security Council held its first session on 17 January 1946 at Church House, Westminster, London
. Since its first meeting, the Council, which exists in continuous session, has travelled widely, holding meetings in many cities, such as Paris
and Addis Ababa
, as well as at its current permanent home at the United Nations Headquarters
in New York City
.
There are 15 members of the Security Council, consisting of five veto-wielding permanent members (China
, France
, Russia
, the United Kingdom
, and the United States
) and 10 elected non-permanent members with two-year terms. This basic structure is set out in Chapter V of the UN Charter. Security Council members must always be present at UN headquarters in New York so that the Security Council can meet at any time. This requirement of the United Nations Charter
was adopted to address a weakness of the League of Nations
since that organization was often unable to respond quickly to a crisis.
any substantive resolution:
The five permanent members of the Security Council consisted of France
, the Republic of China
, the United Kingdom
, the United States
, and the USSR, at the UN's founding in 1946. With the exception of the People's Republic of China
(which replaced the Republic of China
in 1971), and Russia
(which superseded the Soviet Union
seat in 1991), the current P5 membership are represented by the main victorious powers of World War II
.
There have been two seat changes since then, although not reflected in Article 23 of the United Nations Charter
as it has not been accordingly amended:
The five permanent members of the Security Council are also the only countries recognized as nuclear-weapon states (NWS) under the Nuclear Non-Proliferation Treaty
. However, membership of the UN Security Council is not dependent on nuclear weapons status.
for two-year terms starting on 1 January, with five replaced each year. The members are chosen by regional groups and confirmed by the United Nations General Assembly
. To be approved, a candidate must be receive at least 2/3 of all votes cast for that seat, which can result in deadlock if there are two roughly evenly matched candidates; in 1979, a standoff between Cuba
and Colombia
only ended after three months and 154 rounds of voting, when both withdrew in favor of Mexico
as a compromise candidate.
The African bloc is represented by three members; the Latin America and the Caribbean, Asian, and Western European and Others
blocs by two members each; and the Eastern Europe
an bloc by one member. Also, one of the members is an "Arab
country," alternately from the Asian or African bloc. Currently, elections for terms beginning in even-numbered years select two African members, and one each within Eastern Europe, Asia, and Latin America and the Caribbean. Additionally, the Arab state is represented in this group (Libya within Africa in 2008, Lebanon within Asia in 2010). Terms beginning in odd-numbered years consist of two Western European and Other members, and one within each of Latin America and the Caribbean, Asia, and Africa.
The current elected members, with the regions they were elected to represent and their Permanent Representatives, are:
Elections held on October 21–24, 2011, saw Morocco
, Togo
, Guatemala
, Pakistan
and Azerbaijan
selected as non-permanent members for a two-year term beginning January 1, 2012.
involves setting the agenda, presiding at its meetings and overseeing any crisis. The President is authorized to issue both presidential statements
(subject to consensus among Council members) and notes, which are used to make declarations of intent that the full Security Council can then pursue. The Presidency rotates monthly in alphabetical order of the Security Council member nations' names in English.
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
, also known as the rule of "great power
unanimity", by a permanent member prevents adoption of a proposal, even if it has received the required number of affirmative votes (9). Abstention is not regarded as a veto despite the wording of the Charter. Since the Security Council's inception, China (ROC/PRC) has used its veto 6 times; France 18 times; Russia/USSR 123 times; the United Kingdom 32 times; and the United States 82 times. The majority of Russian/Soviet vetoes were in the first ten years of the Council's existence. Since 1984, China and France have vetoed three resolutions each; Russia/USSR four; the United Kingdom ten; and the United States 43.
Procedural matters are not subject to a veto, so the veto cannot be used to avoid discussion of an issue. The same holds for certain decisions that directly regard permanent members.
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.
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 legal 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 and Libya
in 2011. Decisions taken under Chapter Seven, such as economic sanctions
, are binding on UN members.
The UN's role in international collective security is defined by the UN Charter, which gives the Security Council the power to:
They also recommend the new Secretary-General to the General Assembly.
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. The Council exercised this power for the first time in March 2005, when it referred to the Court “the situation prevailing in Darfur
since 1 July 2002”; since Sudan
is not a party to the Rome Statute, the Court could not otherwise have exercised jurisdiction. The Security Council made its second such referral in February 2011 when it asked the ICC to investigate the Libya
n government's violent response to the 2011 uprising.
, adopted 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. The Security Council's role in implementing the responsibility to protect is not limited to taking collective action against mass atrocities (pillar three of the responsibility to protect), but it can also make important contributions to structural and operational prevention of genocide, war, crimes, ethnic cleansing, and crimes against humanity (pillar two of the responsibility to protect).http://www.ipinst.org/media/pdf/publications/favorita_paper_2010.pdf
(ICJ) advisory opinion in the 1949 "Reparations" case indicated that the United Nations Organization had both explicit and implied powers. The Court cited Articles 104 and 2(5) of the Charter, and noted that the members had granted the Organization the necessary legal authority to exercise its functions and fulfill its purposes as specified or implied in the Charter, and that they had agreed to give the United Nations every assistance in any action taken in accordance with the Charter.
Article 25 of the Charter says that "The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter". The Repertory of Practice of United Nations Organs, is a UN legal publication that is published by the Secretariat units concerned in accordance with their operational responsibilities and under the guidance of the Inter-Departmental Committee on Charter Repertory. It says that during the United Nations Conference on International Organization which met in San Francisco in 1945, attempts to limit obligations of Members under Article 25 of the Charter to those decisions taken by the Council in the exercise of its specific powers under Chapters VI, VII and VIII of the Charter failed. It was stated at the time that those obligations also flowed from the authority conferred on the Council under Article 24(1) to act on the behalf of the members while exercising its responsibility for the maintenance of international peace and security. Article 24, interpreted in this sense, becomes a source of authority which can be drawn upon to meet situations which are not covered by the more detailed provisions in the succeeding articles. The Repertory on Article 24 says: "The question whether Article 24 confers general powers on the Security Council ceased to be a subject of discussion following the advisory opinion of the International Court of Justice rendered on 21 June 1971 in connection with the question of Namibia (ICJ Reports, 1971, page 16)".
In exercising its powers the Security Council seldom bothers to cite the particular article or articles of the UN Charter that its decisions are based upon. In cases where none are mentioned, a constitutional interpretation is required. This sometimes presents ambiguities as to what amounts to a decision as opposed to a recommendation, and also the relevance and interpretation of the phrase "in accordance with the present Charter".
In the preliminary rulings of the "Lockerbie" cases the ICJ held that the provisions of the Montreal Convention could be preempted by Security Council resolutions pursuant to Article 25 and Article 103 of the UN Charter. Article 103 provides that in the event of conflicts with other treaty obligations, the members obligations under the Charter prevail. There is consensus that the treaty-based powers of the Security Council are limited to preemption of other treaties. The UN cannot circumvent peremptory norms and its resolutions are subject to judicial review.
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.
There is a general agreement among legal scholars outside the organization that resolutions made under Chapter VI (Pacific Settlement of Disputes) are not legally binding. One argument is that since they have no enforcement mechanism, except self-help, they may not be legally binding. Some States give constitutional or special legal status to the UN Charter and Security Council resolutions. In such cases non-recognition regimes or other sanctions can be implemented under the provisions of the laws of the individual member states.
The Repertory of Practice of United Nations Organs was established because "Records of the cumulating practice of international organizations may be regarded as evidence of customary international law with reference to States' relations to the organizations." The repertory cites the remarks made by the representative of Israel, Mr Eban, regarding a Chapter VI resolution. He maintained that the Security Council's resolution of 1 September 1951 possessed, within the meaning of Article 25, a compelling force beyond that pertaining to any resolution of any other organ of the United Nations, in his view the importance of the resolution had to be envisaged in the light of Article 25, under which the decisions of the Council on matters affecting international peace and security assumed an obligatory character for all Member States. The Egyptian representative disagreed.
Secretary General Boutros Boutros-Ghali related that during a press conference his remarks about a "non-binding" resolution started a dispute. His assistant released a hasty clarification which only made the situation worse. It said that the Secretary had only meant to say that Chapter VI contains no means of insuring compliance and that resolutions adopted under its terms are not enforceable. When the Secretary finally submitted the question to the UN Legal Advisor, the response was a long memo the bottom line of which read, in capital letters: "NO SECURITY COUNCIL RESOLUTION CAN BE DESCRIBED AS UNENFORCEABLE." The Secretary said "I got the message."
Prof. Jared Schott explains that "Though certainly possessing judicial language, without the legally binding force of Chapter VII, such declarations were at worst political and at best advisory".
In 1971, a majority of the International Court of Justice
(ICJ) members in the Namibia advisory opinion
held that the resolution contained legal declarations that were made while the Council was acting on behalf of the members in accordance with Article 24. The Court also said that an interpretation of the charter that limits the domain of binding decision only to those taken under Chapter VII would render Article 25 "superfluous, since this [binding] effect is secured by Articles 48 and 49 of the Charter", and that the "language of a resolution of the Security Council should be carefully analysed before a conclusion can be made as to its binding effect". The ICJ judgment has been criticized by Erika De Wet and others. De Wet argues that Chapter VI resolutions cannot be binding. Her reasoning, in part states:
Others disagree with this interpretation. Professor Stephen Zunes
asserts that "[t]his does not mean that resolutions under Chapter VI are merely advisory, however. These are still directives by the Security Council and differ only in that they do not have the same stringent enforcement options, such as the use of military force". Former President of the International Court of Justice Rosalyn Higgins
argues that the location of Article 25, outside of Chapter VI and VII and with no reference to either, suggests its application is not limited to Chapter VII decisions. She asserts that the Travaux préparatoires
to the UN Charter "provide some evidence that Article 25 was not intended to be limited to Chapter VII, or inapplicable to Chapter VI." She argues that early state practice into what resolutions UN members considered binding has been somewhat ambiguous, but seems to "rely not upon whether they are to be regarded as "Chapter VI or "Chapter VII" resolutions [...] but upon whether the parties intended them to be "decisions" or "recommendations" ... One is left with the view that in certain limited, and perhaps rare, cases a binding decision may be taken under Chapter VI". She supports the view of the ICJ that "clearly regarded Chapters VI, VII, VIII and XII as lex specialis while Article 24 contained the lex generalis ... [and] that resolutions validly adopted under Article 24 were binding on the membership as a whole".
Those resolutions made dealing with the internal governance of the organization (such as the 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.
is in 1991 but poorly protecting resource-poor Rwanda
ns in 1994.
Another criticism of the Security Council involves the veto
power of the five permanent nations. The veto power was adopted at the insistence of the Soviet Union after World War II. According to the by-rules of the U.N., a "no" vote by any one permament Security Council member is enough to strike down any given proposal. The "no" vote is the same as a veto. As would be expected, permament members often use this veto power to strike down measures that run contrary to their individual national interests. For example, the People's Republic of China
, which, in 1971, replaced the Republic of China
as a permanent Security Council member, has vetoed sparingly, but always and only on issues relating to Chinese national interests. In another example, in the first ten years of the U.N.'s existence, Russia was responsible for 79 vetoes—more than half of all the vetoes cast during that period—and cast them to dispute the U.S.'s refusal to admit all of the Soviet Republics as member states of the U.N. In another example of the use of the veto power to advance national interests, between 1982 and today, the U.S. vetoed 32 Security Council resolutions that were critical of Israel
, a U.S. ally in the Middle East. Due to the immense power of the veto, permanent members often now meet privately and then present their resolutions to the full council, which some critics characterise as a fait accompli.
The Security Council's effectiveness and relevance is questionable because, in most high-profile cases, there are essentially no consequences for violating a Security Council resolution. During the Darfur crisis, Janjaweed
militias, allowed by elements of the Sudan
ese government, committed violence against an indigenous population, killing thousands of civilians. In the Srebrenica massacre
, Serbian troops committed genocide against Bosniaks
, although Srebrenica
had been declared a UN "safe area" and was even "protected" by 400 armed Dutch peacekeepers.
The UN is also undemocratic, by representing the interests of the governments of the nations who formed it and not necessarily the individuals within those nations. The UN Charter gives all three powers of the legislative, executive
, and judiciary
branches to the Security Council.
Another criticism is that the five permanent members of the UN Security Council are five of the top ten largest arms exporting countries in the world.
The amount of time devoted to the Israeli-Arab conflict in the UNSC has been described as excessive by some pro-Israel political organizations such as the United Nations Watch and the Anti-Defamation League
;, and academics such as Alan Dershowitz
, Martin Kramer
, and Mitchell Bard
. This “excessiveness" is partially due to the existence of UN Security Council Resolution number 1322 (2000) of 7 October 2000 that serves the legal basis for a monthly discussion on this protracted conflict. Paragraph 7 stated that “invites the Secretary-General to continue to follow the situation and to keep the Security Council informed.” In accordance with its general practices, it is considered that this issue has to be dealt on a regular basis (i.e. every month). The resolution was adopted with 14 affirmative votes and one abstention.
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 and India are two of the largest contributors of troops to UN-mandated peace-keeping missions. This proposal has found opposition in a group of countries called Uniting for Consensus.
Former UN Secretary-General Kofi Annan
asked a team of advisers to come up with recommendations for reforming the United Nations by the end of 2004. One proposed measure is to increase the number of permanent members by five, which, in most proposals, would include Brazil, Germany, India, Japan (known as the G4 nations
), one seat from Africa (most likely between Egypt
, Nigeria
or South Africa
) and/or one seat from the Arab League
. On 21 September 2004, the G4 nations issued a joint statement mutually backing each other's claim to permanent status, together with two African countries. Currently the proposal has to be accepted by two-thirds of the General Assembly (128 votes).
The permanent members, each holding the right of veto, announced their positions on Security Council reform reluctantly. The United States has unequivocally supported the permanent membership of Japan and lent its support to India and a small number of additional non-permanent members. The United Kingdom and France essentially supported the G4 position, with the expansion of permanent and non-permanent members and the accession of Germany, Brazil, India and Japan to permanent member status, as well as an increase in the presence by African countries on the Council. China has supported the stronger representation of developing countries and firmly opposed Japan's membership.
, designed by the Norwegian architect Arnstein Arneberg
, was the specific gift of Norway. The mural painted by the Norwegian artist Per Krohg
depicts a phoenix
rising from its ashes, symbolic of the world reborn after World War II. In the blue and gold silk tapestry on the walls and in the draperies of the windows overlooking the East River appear the anchor of faith, the wheat stems of hope, and the heart of charity.
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
and is charged with the maintenance of international peace and security
International security
International security consists of the measures taken by nations and international organizations, such as the United Nations, to ensure mutual survival and safety. These measures include military action and diplomatic agreements such as treaties and conventions. International and national security...
. Its powers, outlined in the United Nations Charter
United Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
, include the establishment of peacekeeping
Peacekeeping
Peacekeeping is an activity that aims to create the conditions for lasting peace. It is distinguished from both peacebuilding and peacemaking....
operations, the establishment of international sanctions
International sanctions
International sanctions are actions taken by countries against others for political reasons, either unilaterally or multilaterally.There are several types of sanctions....
, and the authorization of military action
War
War is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
. Its powers are exercised through United Nations Security Council resolution
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....
s.
The Security Council held its first session on 17 January 1946 at Church House, Westminster, London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
. Since its first meeting, the Council, which exists in continuous session, has travelled widely, holding meetings in many cities, such as Paris
Paris
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...
and Addis Ababa
Addis Ababa
Addis Ababa is the capital city of Ethiopia...
, as well as at its current permanent home at the United Nations Headquarters
United Nations headquarters
The headquarters of the United Nations is a complex in New York City. The complex has served as the official headquarters of the United Nations since its completion in 1952. It is located in the Turtle Bay neighborhood of Manhattan, on spacious grounds overlooking the East River...
in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
.
There are 15 members of the Security Council, consisting of five veto-wielding permanent members (China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
, the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
) and 10 elected non-permanent members with two-year terms. This basic structure is set out in Chapter V of the UN Charter. Security Council members must always be present at UN headquarters in New York so that the Security Council can meet at any time. This requirement of the United Nations Charter
United Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
was adopted to address a weakness of the League of Nations
League of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...
since that organization was often unable to respond quickly to a crisis.
Permanent members
The Security Council's five permanent members have the power to vetoUnited Nations Security Council veto power
The United Nations Security Council "power of veto" refers to the veto power wielded solely by the five permanent members of the United Nations Security Council , enabling them to prevent the adoption of any "substantive" draft Council resolution, regardless of the level of international support...
any substantive resolution:
| Country | Membership notes | Current Permanent Representative |
|---|---|---|
 Mainland China |
: 1946-1971; : 1971–present | Li Baodong Li Baodong Li Baodong is a Chinese diplomat and has been the Permanent Representative of the People's Republic of China to the United Nations since 2010.-Biography:... |
 Early Modern France |
Provisional Government of the French Republic Provisional Government of the French Republic The Provisional Government of the French Republic was an interim government which governed France from 1944 to 1946, following the fall of Vichy France and prior to the Fourth French Republic.... : 1946; French Fourth Republic French Fourth Republic The French Fourth Republic was the republican government of France between 1946 and 1958, governed by the fourth republican constitution. It was in many ways a revival of the Third Republic, which was in place before World War II, and suffered many of the same problems... : 1946-1958; French Fifth Republic French Fifth Republic The Fifth Republic is the fifth and current republican constitution of France, introduced on 4 October 1958. The Fifth Republic emerged from the collapse of the French Fourth Republic, replacing the prior parliamentary government with a semi-presidential system... : 1958–present. |
Gérard Araud Gerard Araud Gérard Araud is the Permanent Representative of France to the United Nations. Before that he was Director General for Political and Security Affairs of the French Ministry of Foreign and European Affairs, also known as Quai d’Orsay.... |
 Russia |
: 1946–1991; Russia: 1992–present. |
Vitaly Churkin |
 United Kingdom |
None | Sir Mark Lyall Grant |
 United States |
None | Susan Rice |
The five permanent members of the Security Council consisted of France
French Fourth Republic
The French Fourth Republic was the republican government of France between 1946 and 1958, governed by the fourth republican constitution. It was in many ways a revival of the Third Republic, which was in place before World War II, and suffered many of the same problems...
, the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
, the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, and the USSR, at the UN's founding in 1946. With the exception of the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
(which replaced the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
in 1971), and Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
(which superseded the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
seat in 1991), the current P5 membership are represented by the main victorious powers of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
.
There have been two seat changes since then, although not reflected in Article 23 of the United Nations Charter
United Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
as it has not been accordingly amended:
- China's seat was originally filled by the Republic of ChinaRepublic of ChinaThe Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
, but due to the stalemate of the Chinese Civil WarChinese Civil WarThe Chinese Civil War was a civil war fought between the Kuomintang , the governing party of the Republic of China, and the Communist Party of China , for the control of China which eventually led to China's division into two Chinas, Republic of China and People's Republic of...
in 1949, there have been two statesSovereign stateA sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
claiming to represent China since then, and both officially claim each other's territory. In 1971, the People's Republic of China was awarded China's seat in the United NationsChina and the United NationsChina's seat in the United Nations and membership of the United Nations Security Council was originally occupied by the Republic of China since October 24, 1945. During the Chinese Civil War, the Communist Party of China repelled the government of the ROC from Mainland China to the island of...
by UN General Assembly Resolution 2758UN General Assembly Resolution 2758United Nations General Assembly Resolution 2758 of 25 October 1971 recognized the representatives of the People's Republic of China as "the only legitimate representative of China to the United Nations" and expelled "the representatives of Chiang Kai-shek from the place which they unlawfully...
, and the Republic of China (based in TaiwanTaiwanTaiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
) soon lost membership in all UN organizations. - Russia, being the legal successor stateSuccession of statesSuccession of states is a theory and practice in international relations regarding the recognition and acceptance of a newly created sovereign state by other states, based on a perceived historical relationship the new state has with a prior state...
to the Soviet UnionSoviet UnionThe Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
after the latter's collapse in 1991, acquired the originally-Soviet seatSoviet Union and the United NationsThe Soviet Union took an active role in the United Nations and other major international and regional organizations. At the behest of the United States, the Soviet Union took a role in the establishment of the UN in 1945...
, including the Soviet Union's former representation in the Security Council.
The five permanent members of the Security Council are also the only countries recognized as nuclear-weapon states (NWS) under the Nuclear Non-Proliferation Treaty
Nuclear Non-Proliferation Treaty
The Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Non-Proliferation Treaty or NPT, is a landmark international treaty whose objective is to prevent the spread of nuclear weapons and weapons technology, to promote cooperation in the peaceful uses of nuclear energy and to...
. However, membership of the UN Security Council is not dependent on nuclear weapons status.
Non-permanent members
Ten other members are elected by the General AssemblyUnited Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
for two-year terms starting on 1 January, with five replaced each year. The members are chosen by regional groups and confirmed by the United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
. To be approved, a candidate must be receive at least 2/3 of all votes cast for that seat, which can result in deadlock if there are two roughly evenly matched candidates; in 1979, a standoff between Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
and Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
only ended after three months and 154 rounds of voting, when both withdrew in favor of Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
as a compromise candidate.
The African bloc is represented by three members; the Latin America and the Caribbean, Asian, and Western European and Others
Western European and Others Group
The Western European and Others Group is one of several unofficial Regional Groups in the United Nations that act as voting blocs and negotiation forums. Regional voting blocs were formed in 1961 to encourage voting to various UN bodies from regional groups...
blocs by two members each; and the Eastern Europe
Eastern Europe
Eastern Europe is the eastern part of Europe. The term has widely disparate geopolitical, geographical, cultural and socioeconomic readings, which makes it highly context-dependent and even volatile, and there are "almost as many definitions of Eastern Europe as there are scholars of the region"...
an bloc by one member. Also, one of the members is an "Arab
Arab
Arab people, also known as Arabs , are a panethnicity primarily living in the Arab world, which is located in Western Asia and North Africa. They are identified as such on one or more of genealogical, linguistic, or cultural grounds, with tribal affiliations, and intra-tribal relationships playing...
country," alternately from the Asian or African bloc. Currently, elections for terms beginning in even-numbered years select two African members, and one each within Eastern Europe, Asia, and Latin America and the Caribbean. Additionally, the Arab state is represented in this group (Libya within Africa in 2008, Lebanon within Asia in 2010). Terms beginning in odd-numbered years consist of two Western European and Other members, and one within each of Latin America and the Caribbean, Asia, and Africa.
The current elected members, with the regions they were elected to represent and their Permanent Representatives, are:
| Country | Regional bloc(s) | Permanent Representative |
|---|---|---|
 Bosnia and Herzegovina |
Eastern Europe | Ivan Barbalić Ivan Barbalić Ivan Barbalić is a Bosnian and Herzegovinian diplomat serving as a Permanent Representative to the United Nations accredited as the Ambassador Extraordinary and Plenipotentiary and Chief of the Permanent Mission of Bosnia and Herzegovina to the Office of the United Nations... |
 Brazil |
Latin America and Caribbean | Maria Luiza Ribeiro Viotti Maria Luiza Ribeiro Viotti Maria Luiza Ribeiro Viotti is the Permanent Representative of Brazil to the United Nations, as of 25 July 2007. Viotti was the President of the United Nations Security Council for the month of February 2011... |
 Gabon |
Africa | Emmanuel Issoze-Ngondet Emmanuel Issoze-Ngondet Franck Emmanuel Issoze-Ngondet is a Gabonese diplomat and political figure. He was Gabon's Permanent Representative to the United Nations from August 2008 to January 2009... |
 Lebanon |
Asia and Arab group | Nawaf Salam Nawaf Salam Nawaf Salam is a Lebanese diplomat, academic, and jurist. He is currently serving as Lebanon's Ambassador and Permanent Representative to the United Nations in New York.-Background and education:... |
 Nigeria |
Africa | Joy Ogwu Joy Ogwu Joy Uche Angela Ogwu is a former Foreign Minister of Nigeria and has been the Permanent Representative of Nigeria to the United Nations in New York since 2008. She was the second woman to hold the post in the history of Nigeria. Prior to her ministerial career, Dr... |
| Country | Regional bloc(s) | Permanent Representative |
|---|---|---|
 Colombia |
Latin America and Caribbean | Néstor Osorio Londoño Néstor Osorio Londoño Néstor Osorio Londoño is the 27th Permanent Representative of Colombia to the United Nations. An administrative lawyer, he has also served as 1st Permanent Representative of Colombia to the World Trade Organization in Geneva from 1995 to 1999, and as 4th Executive Director of the International... |
 Germany |
Western Europe and Other | Peter Wittig Peter Wittig Peter Wittig is a German diplomat and has been Germany's Permanent Representative to the United Nations since December 2009.... |
 India |
Asia | Hardeep Singh Puri Hardeep Singh Puri Hardeep Singh Puri is a 1973 batch Indian Foreign Service officer who is the current Permanent Representative of India to the United Nations. He is also presently the chairman of the United Nations Security Council Counter-Terrorism Committee... |
 Portugal |
Western Europe and Other | José Filipe Moraes Cabral José Filipe Moraes Cabral José Filipe Moraes Cabral is a Portuguese diplomat. He has been the Permanent Representative of Portugal to the United Nations in New York since 2008.... |
 South Africa |
Africa | Baso Sangqu Baso Sangqu Baso Sangqu is the South African permanent representative to the United Nations. He was appointed on 17 March 2009, having served as deputy previously... |
Elections held on October 21–24, 2011, saw Morocco
Morocco
Morocco , officially the Kingdom of Morocco , is a country located in North Africa. It has a population of more than 32 million and an area of 710,850 km², and also primarily administers the disputed region of the Western Sahara...
, Togo
Togo
Togo, officially the Togolese Republic , is a country in West Africa bordered by Ghana to the west, Benin to the east and Burkina Faso to the north. It extends south to the Gulf of Guinea, on which the capital Lomé is located. Togo covers an area of approximately with a population of approximately...
, Guatemala
Guatemala
Guatemala is a country in Central America bordered by Mexico to the north and west, the Pacific Ocean to the southwest, Belize to the northeast, the Caribbean to the east, and Honduras and El Salvador to the southeast...
, Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
and Azerbaijan
Azerbaijan
Azerbaijan , officially the Republic of Azerbaijan is the largest country in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded by the Caspian Sea to the east, Russia to the north, Georgia to the northwest, Armenia to the west, and Iran to...
selected as non-permanent members for a two-year term beginning January 1, 2012.
Status of non-members
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. In recent years, the Council has interpreted this loosely, allowing many countries to take part in its discussions. Non-members are routinely invited to take part when they are parties to disputes being considered.President
The role of president of the Security CouncilPresident of the United Nations Security Council
The President of the United Nations Security Council is the presiding officer of that body. The president is the head of the delegation from the Security Council member state that holds the rotating presidency.-Selection:...
involves setting the agenda, presiding at its meetings and overseeing any crisis. The President is authorized to issue both presidential statements
Presidential Statement
A Presidential Statement is often created when the United Nations Security Council cannot reach consensus or are prevented from passing a resolution by a permanent member's veto, or threat thereof...
(subject to consensus among Council members) and notes, which are used to make declarations of intent that the full Security Council can then pursue. The Presidency rotates monthly in alphabetical order of the Security Council member nations' names in English.
Veto power
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
, also known as the rule of "great power
Great power
A great power is a nation or state that has the ability to exert its influence on a global scale. Great powers characteristically possess military and economic strength and diplomatic and cultural influence which may cause small powers to consider the opinions of great powers before taking actions...
unanimity", by a permanent member prevents adoption of a proposal, even if it has received the required number of affirmative votes (9). Abstention is not regarded as a veto despite the wording of the Charter. Since the Security Council's inception, China (ROC/PRC) has used its veto 6 times; France 18 times; Russia/USSR 123 times; the United Kingdom 32 times; and the United States 82 times. The majority of Russian/Soviet vetoes were in the first ten years of the Council's existence. Since 1984, China and France have vetoed three resolutions each; Russia/USSR four; the United Kingdom ten; and the United States 43.
Procedural matters are not subject to a veto, so the veto cannot be used to avoid discussion of an issue. The same holds for certain decisions that directly regard permanent members.
Role
Under Chapter SixChapter VI of the United Nations Charter
Chapter VI of the United Nations Charter deals with peaceful settlement of disputes. It requires countries with disputes that could lead to war to first of all try to seek solutions through peaceful methods such as negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement,...
of the Charter
United Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
, "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.
Under Chapter Seven
Chapter VII of the United Nations Charter
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace...
, 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 legal basis for UN armed action in Korea in 1950 during the Korean War
Korean War
The Korean War was a conventional war between South Korea, supported by the United Nations, and North Korea, supported by the People's Republic of China , with military material aid from the Soviet Union...
and the use of coalition forces in Iraq and Kuwait
Kuwait
The State of Kuwait is a sovereign Arab state situated in the north-east of the Arabian Peninsula in Western Asia. It is bordered by Saudi Arabia to the south at Khafji, and Iraq to the north at Basra. It lies on the north-western shore of the Persian Gulf. The name Kuwait is derived from the...
in 1991 and Libya
Libya
Libya is an African country in the Maghreb region of North Africa bordered by the Mediterranean Sea to the north, Egypt to the east, Sudan to the southeast, Chad and Niger to the south, and Algeria and Tunisia to the west....
in 2011. Decisions taken under Chapter Seven, such as economic sanctions
Economic sanctions
Economic sanctions are domestic penalties applied by one country on another for a variety of reasons. Economic sanctions include, but are not limited to, tariffs, trade barriers, import duties, and import or export quotas...
, are binding on UN members.
- Investigate any situation threatening international peace;
- Recommend procedures for peaceful resolution of a dispute;
- 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;
- Enforce its decisions militarily, or by any means necessary;
- Avoid conflict and maintain focus on cooperation.
They also recommend the new Secretary-General to the General Assembly.
The Rome Statute
Rome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court . It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of 13 October 2011, 119 states are party to the statute...
of the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
recognizes that the Security Council has authority
Authority
The word Authority is derived mainly from the Latin word auctoritas, meaning invention, advice, opinion, influence, or command. In English, the word 'authority' can be used to mean power given by the state or by academic knowledge of an area .-Authority in Philosophy:In...
to refer cases to the Court, where the Court could not otherwise exercise jurisdiction. The Council exercised this power for the first time in March 2005, when it referred to the Court “the situation prevailing in Darfur
Darfur
Darfur is a region in western Sudan. An independent sultanate for several hundred years, it was incorporated into Sudan by Anglo-Egyptian forces in 1916. The region is divided into three federal states: West Darfur, South Darfur, and North Darfur...
since 1 July 2002”; since Sudan
Sudan
Sudan , officially the Republic of the Sudan , is a country in North Africa, sometimes considered part of the Middle East politically. It is bordered by Egypt to the north, the Red Sea to the northeast, Eritrea and Ethiopia to the east, South Sudan to the south, the Central African Republic to the...
is not a party to the Rome Statute, the Court could not otherwise have exercised jurisdiction. The Security Council made its second such referral in February 2011 when it asked the ICC to investigate the Libya
Libya
Libya is an African country in the Maghreb region of North Africa bordered by the Mediterranean Sea to the north, Egypt to the east, Sudan to the southeast, Chad and Niger to the south, and Algeria and Tunisia to the west....
n government's violent response to the 2011 uprising.
Responsibility to protect
Security Council Resolution 1674United Nations Security Council Resolution 1674
United Nations Security Council Resolution 1674, adopted unanimously on April 28, 2006, after reaffirming resolutions 1265 and 1296 concerning the protection of civilians in armed conflict and Resolution 1631 on co-operation between the United Nations and regional organisations, the Council...
, adopted on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect
Responsibility to protect
The responsibility to protect is a norm or set of principles based on the idea that sovereignty is not a privilege, but a responsibility. RtoP focuses on preventing and halting four crimes: genocide, war crimes, crimes against humanity, and ethnic cleansing, which it places under the generic...
populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....
commits the Council to action to protect civilians in armed conflict. The Security Council's role in implementing the responsibility to protect is not limited to taking collective action against mass atrocities (pillar three of the responsibility to protect), but it can also make important contributions to structural and operational prevention of genocide, war, crimes, ethnic cleansing, and crimes against humanity (pillar two of the responsibility to protect).http://www.ipinst.org/media/pdf/publications/favorita_paper_2010.pdf
Resolutions
The UN Charter is a multilateral treaty. It is the constitutional document that distributes powers and functions among the various UN organs. It authorizes the Security Council to take action on behalf of the members, and to make decisions and recommendations. The Charter mentions neither binding nor non-binding resolutions. The International Court of JusticeInternational Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
(ICJ) advisory opinion in the 1949 "Reparations" case indicated that the United Nations Organization had both explicit and implied powers. The Court cited Articles 104 and 2(5) of the Charter, and noted that the members had granted the Organization the necessary legal authority to exercise its functions and fulfill its purposes as specified or implied in the Charter, and that they had agreed to give the United Nations every assistance in any action taken in accordance with the Charter.
Article 25 of the Charter says that "The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter". The Repertory of Practice of United Nations Organs, is a UN legal publication that is published by the Secretariat units concerned in accordance with their operational responsibilities and under the guidance of the Inter-Departmental Committee on Charter Repertory. It says that during the United Nations Conference on International Organization which met in San Francisco in 1945, attempts to limit obligations of Members under Article 25 of the Charter to those decisions taken by the Council in the exercise of its specific powers under Chapters VI, VII and VIII of the Charter failed. It was stated at the time that those obligations also flowed from the authority conferred on the Council under Article 24(1) to act on the behalf of the members while exercising its responsibility for the maintenance of international peace and security. Article 24, interpreted in this sense, becomes a source of authority which can be drawn upon to meet situations which are not covered by the more detailed provisions in the succeeding articles. The Repertory on Article 24 says: "The question whether Article 24 confers general powers on the Security Council ceased to be a subject of discussion following the advisory opinion of the International Court of Justice rendered on 21 June 1971 in connection with the question of Namibia (ICJ Reports, 1971, page 16)".
In exercising its powers the Security Council seldom bothers to cite the particular article or articles of the UN Charter that its decisions are based upon. In cases where none are mentioned, a constitutional interpretation is required. This sometimes presents ambiguities as to what amounts to a decision as opposed to a recommendation, and also the relevance and interpretation of the phrase "in accordance with the present Charter".
In the preliminary rulings of the "Lockerbie" cases the ICJ held that the provisions of the Montreal Convention could be preempted by Security Council resolutions pursuant to Article 25 and Article 103 of the UN Charter. Article 103 provides that in the event of conflicts with other treaty obligations, the members obligations under the Charter prevail. There is consensus that the treaty-based powers of the Security Council are limited to preemption of other treaties. The UN cannot circumvent peremptory norms and its resolutions are subject to judicial review.
Security Council Resolutions
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....
are legally binding if they are made under Chapter VII
Chapter VII of the United Nations Charter
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace...
(Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression) of the Charter.
There is a general agreement among legal scholars outside the organization that resolutions made under Chapter VI (Pacific Settlement of Disputes) are not legally binding. One argument is that since they have no enforcement mechanism, except self-help, they may not be legally binding. Some States give constitutional or special legal status to the UN Charter and Security Council resolutions. In such cases non-recognition regimes or other sanctions can be implemented under the provisions of the laws of the individual member states.
The Repertory of Practice of United Nations Organs was established because "Records of the cumulating practice of international organizations may be regarded as evidence of customary international law with reference to States' relations to the organizations." The repertory cites the remarks made by the representative of Israel, Mr Eban, regarding a Chapter VI resolution. He maintained that the Security Council's resolution of 1 September 1951 possessed, within the meaning of Article 25, a compelling force beyond that pertaining to any resolution of any other organ of the United Nations, in his view the importance of the resolution had to be envisaged in the light of Article 25, under which the decisions of the Council on matters affecting international peace and security assumed an obligatory character for all Member States. The Egyptian representative disagreed.
Secretary General Boutros Boutros-Ghali related that during a press conference his remarks about a "non-binding" resolution started a dispute. His assistant released a hasty clarification which only made the situation worse. It said that the Secretary had only meant to say that Chapter VI contains no means of insuring compliance and that resolutions adopted under its terms are not enforceable. When the Secretary finally submitted the question to the UN Legal Advisor, the response was a long memo the bottom line of which read, in capital letters: "NO SECURITY COUNCIL RESOLUTION CAN BE DESCRIBED AS UNENFORCEABLE." The Secretary said "I got the message."
Prof. Jared Schott explains that "Though certainly possessing judicial language, without the legally binding force of Chapter VII, such declarations were at worst political and at best advisory".
In 1971, a majority of the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
(ICJ) members in the Namibia advisory opinion
Advisory opinion
An advisory opinion is an opinion issued by a court that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law. Some countries have procedures by which the executive or legislative branches may certify important...
held that the resolution contained legal declarations that were made while the Council was acting on behalf of the members in accordance with Article 24. The Court also said that an interpretation of the charter that limits the domain of binding decision only to those taken under Chapter VII would render Article 25 "superfluous, since this [binding] effect is secured by Articles 48 and 49 of the Charter", and that the "language of a resolution of the Security Council should be carefully analysed before a conclusion can be made as to its binding effect". The ICJ judgment has been criticized by Erika De Wet and others. De Wet argues that Chapter VI resolutions cannot be binding. Her reasoning, in part states:
Allowing the Security Council to adopt binding measures under Chapter VI would undermine the structural division of competencies foreseen by Chapters VI and VII, respectively. The whole aim of separating these chapters is to distinguish between voluntary and binding measures. Whereas the pacific settlement of disputes provided by the former is underpinned by the consent of the parties, binding measures in terms of Chapter VII are characterized by the absence of such consent. A further indication of the non-binding nature of measures taken in terms of Chapter VI is the obligation on members of the Security Council who are parties to a dispute, to refrain from voting when resolutions under Chapter VI are adopted. No similar obligation exists with respect to binding resolutions adopted under Chapter VII... If one applies this reasoning to the Namibia opinion, the decisive point is that none of the Articles under Chapter VI facilitate the adoption of the type of binding measures that were adopted by the Security Council in Resolution 276(1970)... Resolution 260(1970) was indeed adopted in terms of Chapter VII, even though the ICJ went to some length to give the opposite impression.
Others disagree with this interpretation. Professor Stephen Zunes
Stephen Zunes
Stephen Zunes is an international relations scholar specializing in the Middle East specializing in Middle Eastern politics, U.S. foreign policy, and strategic nonviolent action. He is known internationally as a leading critic of United States policy in the Middle East, particularly under the...
asserts that "[t]his does not mean that resolutions under Chapter VI are merely advisory, however. These are still directives by the Security Council and differ only in that they do not have the same stringent enforcement options, such as the use of military force". Former President of the International Court of Justice Rosalyn Higgins
Rosalyn Higgins
Dame Rosalyn Higgins, DBE, QC is the former President of the International Court of Justice. Higgins was the first female judge to be appointed to the ICJ, and was elected President in 2006. Her term of office expired on 6 February 2009...
argues that the location of Article 25, outside of Chapter VI and VII and with no reference to either, suggests its application is not limited to Chapter VII decisions. She asserts that the Travaux préparatoires
Travaux préparatoires
The travaux préparatoires are the official record of a negotiation. Sometimes published, the "travaux" are often useful in clarifying the intentions of a treaty or other instrument...
to the UN Charter "provide some evidence that Article 25 was not intended to be limited to Chapter VII, or inapplicable to Chapter VI." She argues that early state practice into what resolutions UN members considered binding has been somewhat ambiguous, but seems to "rely not upon whether they are to be regarded as "Chapter VI or "Chapter VII" resolutions [...] but upon whether the parties intended them to be "decisions" or "recommendations" ... One is left with the view that in certain limited, and perhaps rare, cases a binding decision may be taken under Chapter VI". She supports the view of the ICJ that "clearly regarded Chapters VI, VII, VIII and XII as lex specialis while Article 24 contained the lex generalis ... [and] that resolutions validly adopted under Article 24 were binding on the membership as a whole".
Those resolutions made dealing with the internal governance of the organization (such as the 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
Presidential Statement
A Presidential Statement is often created when the United Nations Security Council cannot reach consensus or are prevented from passing a resolution by a permanent member's veto, or threat thereof...
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.
Criticism
It has been argued that the five permanent members of the United Nations Security Council, who are all nuclear powers, have created an exclusive nuclear club that predominately addresses the strategic interests and political motives of the permanent members; for example, protecting the oil-rich KuwaitKuwait
The State of Kuwait is a sovereign Arab state situated in the north-east of the Arabian Peninsula in Western Asia. It is bordered by Saudi Arabia to the south at Khafji, and Iraq to the north at Basra. It lies on the north-western shore of the Persian Gulf. The name Kuwait is derived from the...
is in 1991 but poorly protecting resource-poor Rwanda
Rwanda
Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
ns in 1994.
Another criticism of the Security Council involves the veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
power of the five permanent nations. The veto power was adopted at the insistence of the Soviet Union after World War II. According to the by-rules of the U.N., a "no" vote by any one permament Security Council member is enough to strike down any given proposal. The "no" vote is the same as a veto. As would be expected, permament members often use this veto power to strike down measures that run contrary to their individual national interests. For example, the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
, which, in 1971, replaced the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
as a permanent Security Council member, has vetoed sparingly, but always and only on issues relating to Chinese national interests. In another example, in the first ten years of the U.N.'s existence, Russia was responsible for 79 vetoes—more than half of all the vetoes cast during that period—and cast them to dispute the U.S.'s refusal to admit all of the Soviet Republics as member states of the U.N. In another example of the use of the veto power to advance national interests, between 1982 and today, the U.S. vetoed 32 Security Council resolutions that were critical of Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
, a U.S. ally in the Middle East. Due to the immense power of the veto, permanent members often now meet privately and then present their resolutions to the full council, which some critics characterise as a fait accompli.
The Security Council's effectiveness and relevance is questionable because, in most high-profile cases, there are essentially no consequences for violating a Security Council resolution. During the Darfur crisis, Janjaweed
Janjaweed
The Janjaweed is a blanket term used to describe mostly gunmen in Darfur, western Sudan, and now eastern Chad...
militias, allowed by elements of the Sudan
Sudan
Sudan , officially the Republic of the Sudan , is a country in North Africa, sometimes considered part of the Middle East politically. It is bordered by Egypt to the north, the Red Sea to the northeast, Eritrea and Ethiopia to the east, South Sudan to the south, the Central African Republic to the...
ese government, committed violence against an indigenous population, killing thousands of civilians. In the Srebrenica massacre
Srebrenica massacre
The Srebrenica massacre, also known as the Srebrenica genocide, refers to the July 1995 killing, during the Bosnian War, of more than 8,000 Bosniaks , mainly men and boys, in and around the town of Srebrenica in Bosnia and Herzegovina, by units of the Army of Republika Srpska under the command of...
, Serbian troops committed genocide against Bosniaks
Bosniaks
The Bosniaks or Bosniacs are a South Slavic ethnic group, living mainly in Bosnia and Herzegovina, with a smaller minority also present in other lands of the Balkan Peninsula especially in Serbia, Montenegro and Croatia...
, although Srebrenica
Srebrenica
Srebrenica is a town and municipality in the east of Bosnia and Herzegovina, in the Bosnian Serb entity of Republika Srpska. Srebrenica is a small mountain town, its main industry being salt mining and a nearby spa. During the Bosnian War, the town was the site of the July 1995 massacre,...
had been declared a UN "safe area" and was even "protected" by 400 armed Dutch peacekeepers.
The UN is also undemocratic, by representing the interests of the governments of the nations who formed it and not necessarily the individuals within those nations. The UN Charter gives all three powers of the legislative, executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
, and judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
branches to the Security Council.
Another criticism is that the five permanent members of the UN Security Council are five of the top ten largest arms exporting countries in the world.
The amount of time devoted to the Israeli-Arab conflict in the UNSC has been described as excessive by some pro-Israel political organizations such as the United Nations Watch and the Anti-Defamation League
Anti-Defamation League
The Anti-Defamation League is an international non-governmental organization based in the United States. Describing itself as "the nation's premier civil rights/human relations agency", the ADL states that it "fights anti-Semitism and all forms of bigotry, defends democratic ideals and protects...
;, and academics such as Alan Dershowitz
Alan Dershowitz
Alan Morton Dershowitz is an American lawyer, jurist, and political commentator. He has spent most of his career at Harvard Law School where in 1967, at the age of 28, he became the youngest full professor of law in its history...
, Martin Kramer
Martin Kramer
Martin Seth Kramer is an American scholar of the Middle East at the Washington Institute for Near East Policy and the Shalem Center. His focus is on Islam and Arab politics.-Education:...
, and Mitchell Bard
Mitchell Bard
Mitchell Geoffrey Bard is an American foreign policy analyst, editor and author who specializes in U.S.-Middle East policy. He is the Executive Director of the non-profit American-Israeli Cooperative Enterprise , and the director of the Jewish Virtual Library.-Education:Bard received his B.A...
. This “excessiveness" is partially due to the existence of UN Security Council Resolution number 1322 (2000) of 7 October 2000 that serves the legal basis for a monthly discussion on this protracted conflict. Paragraph 7 stated that “invites the Secretary-General to continue to follow the situation and to keep the Security Council informed.” In accordance with its general practices, it is considered that this issue has to be dealt on a regular basis (i.e. every month). The resolution was adopted with 14 affirmative votes and one abstention.
Membership reform
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, and Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
. Japan and Germany are the UN's second and third largest funders respectively, while Brazil and India are two of the largest contributors of troops to UN-mandated peace-keeping missions. This proposal has found opposition in a group of countries called Uniting for Consensus.
Former UN Secretary-General Kofi Annan
Kofi Annan
Kofi Atta Annan is a Ghanaian diplomat who served as the seventh Secretary-General of the UN from 1 January 1997 to 31 December 2006...
asked a team of advisers to come up with recommendations for reforming the United Nations by the end of 2004. One proposed measure is to increase the number of permanent members by five, which, in most proposals, would include Brazil, Germany, India, Japan (known as the G4 nations
G4 nations
The G4 is an alliance among Brazil, Germany, India, and Japan for the purpose of supporting each other’s bids for permanent seats on the United Nations Security Council. Unlike the G8 , where the common denominator is the economy and long-term political motives, the G4's primary aim is the...
), one seat from Africa (most likely between Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
, Nigeria
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
or South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
) and/or one seat from the Arab League
Arab League
The Arab League , officially called the League of Arab States , is a regional organisation of Arab states in North and Northeast Africa, and Southwest Asia . It was formed in Cairo on 22 March 1945 with six members: Egypt, Iraq, Transjordan , Lebanon, Saudi Arabia, and Syria. Yemen joined as a...
. On 21 September 2004, the G4 nations issued a joint statement mutually backing each other's claim to permanent status, together with two African countries. Currently the proposal has to be accepted by two-thirds of the General Assembly (128 votes).
The permanent members, each holding the right of veto, announced their positions on Security Council reform reluctantly. The United States has unequivocally supported the permanent membership of Japan and lent its support to India and a small number of additional non-permanent members. The United Kingdom and France essentially supported the G4 position, with the expansion of permanent and non-permanent members and the accession of Germany, Brazil, India and Japan to permanent member status, as well as an increase in the presence by African countries on the Council. China has supported the stronger representation of developing countries and firmly opposed Japan's membership.
Chamber
The designated Security Council Chamber in the United Nations Conference BuildingUnited Nations headquarters
The headquarters of the United Nations is a complex in New York City. The complex has served as the official headquarters of the United Nations since its completion in 1952. It is located in the Turtle Bay neighborhood of Manhattan, on spacious grounds overlooking the East River...
, designed by the Norwegian architect Arnstein Arneberg
Arnstein Arneberg
Arnstein Rynning Arneberg was a Norwegian architect. He was active as an architect for 50 years and is often considered the leading architect in Norway of his time. -Background:...
, was the specific gift of Norway. The mural painted by the Norwegian artist Per Krohg
Per Krohg
Per Lasson Krohg was a Norwegian artist. Per Krohg is most frequently associated with the mural he created for the United Nations Security Council Chamber, located in the United Nations building in New York City.-Biography:...
depicts a phoenix
Phoenix (mythology)
The phoenix or phenix is a mythical sacred firebird that can be found in the mythologies of the Arabian, Persians, Greeks, Romans, Egyptians, Chinese, Indian and Phoenicians....
rising from its ashes, symbolic of the world reborn after World War II. In the blue and gold silk tapestry on the walls and in the draperies of the windows overlooking the East River appear the anchor of faith, the wheat stems of hope, and the heart of charity.
See also
- BRICSBRICSBRICS is an international political organisation of leading emerging economies, arising out of the inclusion of South Africa into the BRIC group in 2010. As of 2011, its five members are Brazil, Russia, India, China and South Africa...
+ BASIC countriesBASIC countriesThe BASIC countries are a bloc of four large developing countries – Brazil, South Africa, India and China – formed by an agreement on 28 November 2009... - Military Staff CommitteeMilitary Staff CommitteeThe Military Staff Committee is the United Nations Security Council subsidiary body whose role, as defined by the United Nations Charter, is to plan UN military operations and assist in the regulation of armaments....
, a sub-organ of the Security Council - Reform of the United NationsReform of the United NationsSince the late 1990s there have been many calls for reform of the United Nations . However, there is little clarity or consensus about what reform might mean in practice. Both those who want the UN to play a greater role in world affairs and those who want its role confined to humanitarian work or...
- United Nations Department of Political AffairsUnited Nations Department of Political AffairsThe United Nations Department of Political Affairs is a department of the Secretariat of the United Nations with responsibility for monitoring and assessing global political developments and advising and assisting the United Nations Secretary General and his envoys in the peaceful prevention and...
, provides secretarial support to the Security Council - United Nations Security Council Counter-Terrorism CommitteeUnited Nations Security Council Counter-Terrorism CommitteeThe Counter-Terrorism Committee is a subsidiary body of the United Nations Security Council.In the wake of the 11 September 2001 terrorist attacks in the United States, the United Nations Security Council unanimously adopted resolution 1373, which, among its provisions, obliges all States to...
, a standing committee of the Security Council
Further reading
http://www.ipinst.org/publication/policy-papers/detail/298-the-united-nations-security-council-and-civil-war-first-insights-from-a-new-dataset.html ISBN 978-0-19-953343-5 (hardback); ISBN 978-0-19-958330-0 (paperback). US edition. On Google.External links
- UN Security Council — official site
- Global Policy Forum – UN Security Council
- Security Council Report — timely, accurate and objective information and analysis on the Council's activities
- Center for UN Reform Education – objective information on current reform issues at the United Nations
- Verbatim record of the 1st session of the Security Council
- UN Democracy: hyperlinked transcripts of the United Nations General Assembly and the Security Council
- Hans KöchlerHans KöchlerHans Köchler is a professor of philosophy at the University of Innsbruck, Austria, and president of the International Progress Organization, a non-governmental organization in consultative status with the United Nations...
, - Reform the United Nations website — tracking developments
- History of the United Nations — UK Government site
- Who will be the next Secretary General? The different projects of reform (G4, Africa Union, United for consensus) (2006)
- UNSC cyberschool