Composition, Function & Powers

Art. 23

Compostition of the UNSC

• initially: 5 permanent and 6 non-permanent members

  -> P5: Republic of China, French Republic, Soviet Union, UK, USA

• today 5 permanent and 10 non-permanent members

  -> P5: People’s Republic of China, French Republic, Russian Federation, UK, USA

• non-permanent members elected by UNGA for a two-year term by geographic regions

  • 3 Africa, 2 Asia-Pacific, 1 Eastern Europe, 2 Latin America and Caribbean, 2 Western Europe and Other

  • every year 5 new members

  • no immediate re-elections

• term starts 1 January

  -> consistent practice: elected members can participate in meetings 3 month before term begins

  • acquire better understanding of working methods

  • no voting or participation in closed meetings

Art. 24

primary responsibility for the maintenance of international peace and security

‘confer on the Security Council’

• delegation of powers by all UN members to the UNSC

‘primary responsibility’

• duty to act on behalf of the member states

• primary but not exlusive -> not the only body dealing with international peace & security

  • ICJ > peaceful settlement of disputes and avoiding war through judicial means

  • Secretary-General > represents UN and engages in negotiations to avoid war

  • UNGA > steps in when UNSC is blocked through Uniting for Peace

‘in accordance with the Purposes and Principles’

• UNSC has to act in accordance with the provisions and does not have limitless power

  -> creation of Ombudsperson

• some argue: there are no limits to the power

‘reports to the General Assembly’

• annual reports of the UNSC to the UNGA -> no legal consequences

• enhances accountability, promotes dialogue

• resolutions, meetings, missions -> account of what UNSC did over the year

• written by Secretariat but introduction politically negotiated by UNSC members

Art. 25

legal basis for binding decisions

Does it apply to all decisions?

• literal interpretation: yes

• dominant view and subsequent practice: not all of them impose binding obligations, only when ‘acting under Chapter VII’

Art. 27

voting

‘a party to a dispute shall abstain from voting’

• literal interpretation: even permanent members should, but never do -> Russia, but also UK and US

‘concurring votes of the Permanent Members’

• legal basis for veto right

• veto only applies to substantive matters (difficult: agenda-setting)

  • transferring Ukraine to UNGA as a procedural decision in resolution 2623 (2022) -> no veto

• does it have to be affirmative (in favor)?

  • literal interpretation: yes

  • subsequent practice: allows for abstentions

    -> Veto = only a vote against

    -> in order to pass: nine votes in favor with no P5 against

Art. 29

subsidiary organs

• sanctions committees, standing committees, working groups etc.

  -> e.g. 1718 Sanctions Commitee (DPRK), Counter-Terrorism Committee (CTC), Non-Proliferation Committee

• sanctions committes support UNSC in the monitoring of adopted sanctions

• mirror the composition of the UNSC

  -> experts instead of diplomats

• commitees can and usually do create expert bodies with independent UN staff to assist the committee

  • e.g. CTED in CTC

• working groups usually less resourced

  • e.g. Working Group on Documentation and Other Procedural Questions

  • usually created when no agreement to create a committee

• decisions taken without a vote by consensus

• create recommendations and reports to UNSC but cannot adopt binding decisions

  • but can implement and thus take decisions based on their mandate (placing people on sanctions lists)

• close cooperation with other networks and organizations (cooperation with civil aviation, banks etc. to deal with travel bans and asset freezes)

  
  

Art. 30

rules of procedure

• council adopts own rules of procedure