HZB School of International Relations and Diplomacy First Trimester Second Year
In Partial Fulfillment of the Course Requirements in Global Governance
The Security Council
Cruz, Christine Angeli N. 20130017
July 14, 2014
UNITED NATIONS SECURITY COUNCIL
What is the Security Council? The UN Charter established six main organs of the United Nations, including the Security Council. It is the principal organ and it has a primary responsibility for the maintenance of international peace and security, which may meet whenever peace is threatened. It was established in 1946. The Composition: The Council has 15 members: five permanent members and 10 elected by the General Assembly for two-year terms. In its origin, the Security Council contained five permanent members: The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America. Since the origin, two changes have been made to the permanent membership. In a highly controversial move, United Nations General Assembly Resolution 2758, passed on October 25, 1971, removed the Republic of China from the UN, including the Security Council and recognized the Peoples Republic of China as Chinas representatives at the UN. The Peoples Republic of China was immediately granted a permanent place on the Security Council. The other change occurred with the fall of the Union of Soviet Socialist Republics. Incoming Russian Federation President Boris Yeltsin wrote a letter to the Secretary-General of the United Nations requesting that his country take up the responsibilities of the USSR. The Secretary-General made this request known to the body of the UN. With no objection noted, the request was granted and on January 31, 1992, the Russian Federation took a permanent seat at the Security Council.
So today, the UNSC Permanent members are the Peoples Republic of China, France, Russian Federation, United Kingdom and the United States of America.
The P5's privileged status has its roots in the UN's founding in the aftermath of World War II. The United States and Russia (then the Soviet Union) were the outright victors of the war, and, along with the United Kingdom, they shaped the postwar political order. As their plans for what would become the United Nations took shape, U.S. president Franklin Delano Roosevelt insisted on Nationalist China's inclusion at the helm, envisioning international security presided over by "four global policemen." British Prime Minister Winston Churchill saw in France a European buffer against potential German or Soviet aggression and so sponsored its bid for restored great-power status. The non-permanent members status has also experienced small changes since 1945. The original writing of the Charter allowed for six non-permanent members, a number which was increased to ten, effective August 31, 1965. In addition, the number of supporters required to pass a vote was increased from seven to nine. These non-permanent members are elected for two-year terms, with five of the members leaving every year. Each year the General Assembly elects five non-permanent members (out of 10 in total) for a two-year term. In accordance with the General Assembly resolution 1991 (XVIII) of 17 December 1963, the 10 non-permanent seats are distributed on a regional basis as follows: five for African and Asian States; one for Eastern European States; two for the Latin American and Caribbean States; and two for Western European and other States. The voting rounds alternate between restricted and unrestricted. In unrestricted ballots, votes can be cast for any member of the regional group that is not currently a member of the Council. In restricted ballots, only the two highest-scoring candidates of the previous round can be voted for. In order to apply for the UN Membership, a state has to submit an application to the Secretary-General. Then, the Security Council considers the application and if nine members out of fifteen (including all P5) vote in favor, the Council through a resolution recommends the membership of that state to the General Assembly. In the Assembly, a 2/3 Majority vote is required for the admission. There are no Charter-specified qualifications for membership. Factors that are informally taken into account by member states in electing Security Council members: Positive Factors: Troop contributions to UN peacekeeping operations, peacekeeping experience and record. Representation of a significant demographic group. Experience in international leadership. Financial contributions to the UN budget. Negative Factors: Domestic insecurity. A current campaign for other offices or seats. THE CURRENT MEMBERS OF THE UN SECURITY COUNCIL Permanent members
Country Regional Group Member Since People's Republic of China Asia-Pacific Group 1971, replaced the Republic of China France Western European and Others Group 1946 Russian Federation Eastern European Group 1991, replaced the Union of Soviet Socialist Republics United Kingdom Western European and Others Group 1946 United States Western European and Others Group 1946
Non-permanent members
Country Regional Group Term Began Term Ends Argentina Latin American & Caribbean Group (GRULAC) 2013 2014 Country Regional Group Term Began Term Ends Australia Western European and Others Group 2013 2014 Chad African Group 2014 2015 Chile Latin American & Caribbean Group (GRULAC) 2014 2015 Jordan Asia-Pacific Group 2014 2015 Lithuania Eastern European Group 2014 2015 Luxembourg Western European and Others Group 2013 2014 Nigeria African Group 2014 2015 Republic of Korea Asia-Pacific Group 2013 2014 Rwanda African Group 2013 2014
The President of the United Nations Security Council Selection Article 30 of the United Nations Charter states that the Security Council is empowered to establish rules of procedure, "including the method of selecting its President".
The Security Council has established the following method of selecting the president: the presidency rotates monthly among the state members of the Security Council. The rotation takes place in alphabetical order of the member states' official United Nations names in English.
All members of the Council, including the President, must present credentials issued by either the head of state, the head of government, or the minister of foreign affairs of their respective states to the Secretary-General, except if the representative is also the head of government or minister of foreign affairs. Identity The Permanent Representative (ambassador) of the state that holds the presidency is usually the president of the Council, but if an official from the state who is higher in authority than the Permanent Representative (such as a foreign minister, prime minister, or head of state) is present in the Council, the higher official is the president. Role The role of president of the Security Council involves calling the meetings thereof,
approving the provisional agenda (proposed by the Secretary-General),
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 President also usually speaks to the press on behalf of the Security Council. Security Council Presidency in 2014 The presidency of the Council is held by each of the members in turn for one month, following the English alphabetical order of the Member States names. Month Presidency End of Membership Term January Jordan 31 December 2015 February Lithuania 31 December 2015 March Luxembourg 31 December 2014 April Nigeria 31 December 2015 May Republic of Korea 31 December 2014 June Russian Federation Permanent Member July Rwanda 31 December 2014 August United Kingdom Permanent Member September United States Permanent Member October Argentina 31 December 2014 November Australia 31 December 2014 December Chad 31 December 2015
Functions and Powers Under the United Nations Charter, the functions and powers of the Security Council are: to maintain international peace and security in accordance with the principles and purposes of the United Nations; to investigate any dispute or situation which might lead to international friction; to recommend methods of adjusting such disputes or the terms of settlement; to formulate plans for the establishment of a system to regulate armaments; to determine the existence of a threat to the peace or act of aggression and to recommend what action should be taken; to call on Members to apply economic sanctions and other measures not involving the use of force to prevent or stop aggression; to take military action against an aggressor; to recommend the admission of new Members; to exercise the trusteeship functions of the United Nations in "strategic areas"; to recommend to the General Assembly the appointment of the Secretary-General and, together with the Assembly, to elect the Judges of the International Court of Justice.
MORE INFORMATION: According to the Charter, the United Nations has four purposes: to maintain international peace and security; to develop friendly relations among nations; to cooperate in solving international problems and in promoting respect for human rights; and to be a centre for harmonizing the actions of nations. All members of the United Nations agree to accept and carry out the decisions of the Security Council. While other organs of the United Nations make recommendations to member states, only the Security Council has the power to make decisions that member states are then obligated to implement under the Charter. Maintaining Peace and Security When a complaint concerning a threat to peace is brought before it, the Councils first action is usually to recommend that the parties try to reach agreement by peaceful means. The Council may: set forth principles for such an agreement; undertake investigation and mediation, in some cases; dispatch a mission; appoint special envoys; or Request the Secretary-General to use his good offices to achieve a pacific settlement of the dispute. When a dispute leads to hostilities, the Councils primary concern is to bring them to an end as soon as possible. In that case, the Council may: issue ceasefire directives that can help prevent an escalation of the conflict; Dispatch military observers or a peacekeeping force to help reduce tensions, separate opposing forces and establish a calm in which peaceful settlements may be sought. Beyond this, the Council may opt for enforcement measures, including: economic sanctions, arms embargoes, financial penalties and restrictions, and travel bans; severance of diplomatic relations; blockade; Or even collective military action. A chief concern is to focus action on those responsible for the policies or practices condemned by the international community, while minimizing the impact of the measures taken on other parts of the population and economy. A Member State against which preventive or enforcement action has been made taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council. A Member State which has persistently violated the principles contained in the Charter may be expelled from the United Nations by the Assembly on the Councils recommendation. A state which is a member of the United Nations but not of the Security Council may participate, without a vote, in its discussions when the Council considers that the countrys interests are especially affected. Both Members of the United Nations and non-members, if they are parties to a dispute being considered by the Council, are invited to take part, without a vote, in the Councils discussion: the Council lays down the conditions for participation by a non-member State. Structure Article 29 "The Security Council may establish such subsidiary organs as it deems necessary for the performance of its functions." Charter of the United Nations Rule 28 "The Security Council may appoint a commission or committee or a rapporteur for a specified question." Provisional Rules of Procedure of the Security Council
Part of the UN System The Security Council is one of the six main organs established under the UN Charter. It is organized in such a way that it can function continuously, and a representative of each of its members must be present at all times at UN Headquarters. To perform its functions, the Security Council has created a series of subsidiary to focus on specific issues. Subsidiary Organs Article 29 of the United Nations Charter sets out that the Security Council may establish subsidiary bodies as needed for the performance of its functions. This is also reflected in Rule 28 of the Councils Provisional Rules of Procedure. All existing committees and working groups are comprised of the fifteen members of the Council. While standing committees are chaired by the President of the Council, rotating on a monthly basis, other committees and working groups are chaired or co-chaired by designated members of the Council who are announced on an annual basis by a Note of the President of the Security Council. The mandate of subsidiary organs, whether they are committees or working groups, can range from procedural matters (e.g. documentation and procedures, meetings away from headquarters) to substantive issues (e.g. sanctions regimes, counter-terrorism, peacekeeping operations). The International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) are subsidiary organs of the Security Council within the terms of article 29 of the Charter. As such they are dependent on the UN in administrative and financial matters, although as judicial institutions, they are independent of any one State or group of States, including their parent body, the Security Council. Committees Counter-Terrorism and Non-Proliferation Committees Counter-Terrorism Committee 1540 Committee
Military Staff Committee The Military Staff Committee helps plan UN military measures and regulates armaments. Sanctions Committees (ad hoc) The use of mandatory sanctions is intended to apply pressure on a State or entity to comply with the objectives set by the Security Council without resorting to the use of force. Sanctions thus offer the Security Council an important instrument to enforce its decisions. The universal character of the United Nations makes it an especially appropriate body to establish and monitor such measures. The Council has resorted to mandatory sanctions as an enforcement tool when peace has been threatened and diplomatic efforts have failed. The range of sanctions has included comprehensive economic and trade sanctions and/or more targeted measures such as arms embargoes, travel bans, financial or diplomatic restrictions. Standing Committees and Ad Hoc Bodies Standing Committees are open-ended and generally were established to address certain procedural questions, such as the admission of new members. Ad hoc committees are established for a limited time and to address a specific issue. Peacekeeping Operations and Political Missions A peacekeeping operation consists of military, police and civilian personnel, who work to deliver security, political and early peace building support. Peacekeeping is flexible and over the past two decades has been deployed in many configurations. Today's multidimensional peacekeeping operations are called upon not only to maintain peace and security, but also to facilitate the political process, protect civilians, assist in the disarmament, demobilization and reintegration of former combatants; support the organization of elections, protect and promote human rights and assist in restoring the rule of law. Political missions are part of a continuum of UN peace operations working in different stages of the conflict cycle. In some instances, following the signing of peace agreements, political missions overseen by the Department of Political Affairs during the stage of peace negotiations have been replaced by peacekeeping missions. In other instances, UN peacekeeping operations have given way to special political missions overseeing longer term peace-building activities.
International Courts and Tribunals The Security Council established the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, following massive violations of humanitarian law during the fighting in the former Yugoslavia. It was the first war-crimes court created by the United Nations and the first international war-crimes tribunal since the Nuremberg and Tokyo tribunals at the end of the Second World War. The Tribunal tries those individuals most responsible for appalling acts, such as murder, torture, rape, enslavement, destruction of property and other violent crimes. It aims to render justice to thousands of victims and their families, thus contributing to a lasting peace in the area. As of the end of 2011, the Tribunal had indicted 161 people. The Security Council created the International Criminal Tribunal for Rwanda (ICTR) in 1994 to prosecute those responsible for genocide and other serious violations of international humanitarian law committed in Rwanda between 1 January and 31 December 1994. It may also deal with the prosecution of Rwandan citizens who committed acts of genocide and other such violations of international law in the territory of neighbouring States during the same period. In 1998 the Rwanda Tribunal handed down the first-ever verdict by an international court on the crime of genocide, as well as the first-ever sentence for that crime. Advisory Subsidiary Organ The Peace building Commission (PBC) is an intergovernmental advisory body that supports peace efforts in countries emerging from conflict, and is a key addition to the capacity of the International Community in the broad peace agenda. The Peace building Commission plays a unique role in: bringing together all of the relevant actors, including international donors, the international financial institutions, national governments, troop contributing countries; marshalling resources and advising on and proposing integrated strategies for post-conflict peace building and recovery and where appropriate, highlighting any gaps that threaten to undermine peace. The Peace building Commission is an Advisory Subsidiary Body of both the Security Council and the General Assembly. Voting Each member of the Council has one vote. Decisions on procedural matters are made by an affirmative vote at least nine of the 15 members. Decisions on substantive matters require nine votes including the concurring votes of all five permanent members. This is the rule of great Power unanimity, often referred to as the veto power. All five permanent members have exercised the right of veto at one time or another. Choosing to abstain from voting counts, obviously, as a vote neither for nor against a resolution and as such would not be considered using a veto. (If a permanent member does not support a decision but does not wish to block it through a veto, it may abstain.) However, vetoes may not be used in procedural matters, i.e. a veto cannot be used to avoid discussing a topic. While other organs of the United Nations make recommendations to Governments, the Council alone has the power to take decisions which Member States are obligated under the Charter to carry out. The principle of unanimity among permanent members of the Security Council takes account of the political reality that ensuring of peaceful cooperation among the great powers and joint action by them in achieving collective security is the most fundamental guarantee of world peace and the pre- requisite for the development of peaceful relations among all states. The Veto Power Article 27 of the UN Charter allows the permanent members of the Security Council to quash any non-procedural draft resolution with their negative votes, irrespective of its level of international support and popularity. Origins of the veto provision The idea of states having a veto over the actions of international organizations was not new in 1945. From the foundation of the League of Nations in 1920, each member of the League Council, whether permanent or non-permanent, had a veto on any non-procedural issue.
From 1920 there were 4 permanent and 4 non-permanent members, but by 1936 the number of non-permanent members had increased to 11. Thus there were in effect 15 vetoes. This was one of several defects of the League that made action on many issues impossible. The UN Charter provision for unanimity among the Permanent Members of the Security Council (the veto) was the result of extensive discussion, including at Dumbarton Oaks (AugustOctober 1944) and Yalta (February 1945).
The UNSC veto system was established in order to prohibit the UN from taking any future action directly against its principal founding members. One of the lessons of the League of Nations (1919 46) had been that an international organization cannot work if all the major powers are not members. The expulsion of the Soviet Union from the League of Nations in December 1939, following its November 1939 attack on Finland soon after the outbreak of World War II, was just one of many events in the League's long history of incomplete membership.
The rationale for the P5 veto power was to ensure that the UNSC did not suffer the same fate as its predecessor the League of Nations. In essence, the veto power was granted to the P5 as reassurance that their interests would not be ignored and in the hope that it would ensure their participation in the new organization. The veto power was designed to transform a wartime alliance into a big-power oligarchy to secure the hard won peace that would follow. Most common users Number of resolutions vetoed by each of the five permanent members of the Security Council between 1946 and 2007. In the history of the Security Council, almost half the vetoes were cast by the Soviet Union, with the vast majority of those being before 1965. Since 1966, out of the total 155 vetoes cast, 133 were issued by one of the council's three NATO members: the US, the UK and France. From 1946 to 2008, vetoes were issued on 261 occasions. For that period, usage breaks down as follows: The United States has used the veto on 82 occasions between 1946 and 2007; and since 1972, it has used its veto power more than any other permanent member. Russia or the Soviet Union have used the veto on 124 occasions, more than any two others of the five permanent members of the Security Council combined. The Strengths and Weaknesses of the UN Security Council STRENGTHS: The strengths of the UN were meant to originate from the Security Council, and strong leadership from its Secretary General. Having the most powerful states as members was regarded as been a notable strength. The structure of the Security Council favoring the permanent members was intended to be a strength as any resolutions would be enforced with a minimum of difficulty The organization had a state centric outlook was also considered a strength the notion that the UN was not allowed to interfere in any member state's internal affairs was claimed to be strength WEAKNESSES: The domination of the UN by the major powers might be regarded as a weakness. It is a weakness of the UN that peacekeeping missions only have a realistic chance of been successful if the United States backs operations. The UN has another weakness when it comes down to collective security and peacekeeping, it is not supposed to interfere in the internal affairs of member states THE SECURITY COUNCIL REFORM Since the establishment of the UN Security Council in 1946, it has been faced w/ a lot of criticism. A large part of the criticism is due to the structure of the council that many believe that is undemocratic especially because it gives considerable power and privileges to certain countries of the world. The use of Veto Power has become distant from that initial reason and how this power has turned into a tool for protecting the national interests of permanent members of their strategic allies. In the last decades, the world has been arguing about thus the veto power is relevant over the effectiveness of the UNSC. In the worlds eyes, the UNSC that is supposed to be a world organization seems change into the king of the nations. The permanent members (P5) seem like they have control over this organization, especially with their veto powers. This power has been responsible for the silence of the Security Council on some major international conflicts including the: Iraq War (2003) The 2008 Conflict in Georgia The 2009 Massacre of Sri Lankan Tamils The Recent Syrian Conflict Because of these criticisms, some countries are not satisfied with the speed or achievements of the negotiations. Some countries have started separate efforts to present a resolution on the reform of the Council to the General Assembly with the aim of securing permanent seats for them.
There are a lot of proposals on the reform of the Security Council, and strong disagreements among advocates of different proposal but not much has been achieved. The 7-7-7 Formula for reforming the Security Council, Kishore Mahbubani is a notable academic and former Singaporean diplomat. He is currently Professor in the Practice of Public Policy and Dean of the Lee Kuan Yew School of Public Policy at the National University of Singapore .
From 1971 to 2004 he served in the Singaporean Foreign Services, becoming Singapores Permanent Representative to the United Nations. In that role he served as President of the United Nations Security Council in January 2001 and May 2002. Kishore suggested the 7-7-7 Formula for reforming the Security Council, where there will be seven permanent members, seven semi-permanent members and seven elected members. According to him, the main reason why Security Council reform has not moved an inch is that for every new winner (new permanent member) there is a new loser. So, in this formula, the losers will become winners: they will get automatically rotated back into the Council every fourth term. In short, given the complex and messy political world we live in, we have to aim for pragmatic, not perfect solutions where all three constituencies of the UN the great powers, the middle powers and small states benefit from the 7-7-7 formula. For me, the 7-7-7 formula of Kishore Mahbubani is a very good suggestion because it is true that the main reason why Security Council reform has not moved an inch is that for every new winner (new permanent member) there is a new loser. I think that an increase in the number of seats in the Council is much more realistic than reforming or removing the veto power. The permanent should minimize their usage of the Veto power and they should not forget their duties in maintaining international peace and security, which may meet whenever peace is threatened. If only the veto power can be abolished easily, because it has been one of the main impediments against the much needed reform of the United Nations Security Council. References: Basic Facts about the United Nations. United Nations Publication, 1992. Council on Foreign Relations. The UN Security Council. (15 June 2014) BarryVale.ExpertsColumn.com. The Main strengths and weaknesses of UN Peacekeeping. http://barryvale.expertscolumn.com/article/main-strengths-and-weaknesses-un- peacekeeping (15 June 2014) United Nations. What is the Security Council?. http://www.un.org/en/sc/about/ (15 June 2014) UN Elections. Security Council. http://www.unelections.org/?q=node/33 (15 June 2014) United Nations. Structure. http://www.un.org/en/sc/about/structure.shtml (15 June 2014) List Verse. Top 10 Failures of the United Nations. http://listverse.com/2013/01/28/top- 10-failures-of-the-united-nations-2/ (15 June 2014) Wikipedia, the Free Encyclopedia. President of the United Nations Security Council. http://en.wikipedia.org/wiki/President_of_the_United_Nations_Security_Council (07 July 2014) United Nations Security Council. Presidency http://www.un.org/en/sc/presidency/ (07 July 2014) Wikipedia, the free encyclopedia. United Ntaions Security Council Veto Power http://en.wikipedia.org/wiki/United_Nations_Security_Council_veto_power (07 July 2014) The United Nations Security Council: its Veto Power and Its Reform by Sahar Okhovat. http://sydney.edu.au/arts/peace_conflict/docs/working_papers/UNSC_paper.pdf (07 July 2014) Column: Keeping the Ship on Course http://www.mahbubani.net/articles%20by%20dean/keeping-the-ship-on-course.pdf (07 July 2014) Wikipedia, the free encyclopedia. Kishore Mahbubani http://en.wikipedia.org/wiki/Kishore_Mahbubani (07 July 2014)
(Impact of Empire 15) Erika Manders-Coining Images of Power - Patterns in The Representation of Roman Emperors On Imperial Coinage, A.D. 193-284-Brill Academic Pub (2012)