Other Things

Limits to UNSC Power

-> UNSC has very broad powers, but:

Art. 10

GA also responsible for international security matters

Art. 24

obligation of UNSC to respect the purposes and principles of th Charter

-> bound by Charter and not free to do absolutely anything

Art 42

UNSC should engage in efforts to maintain international peace and security without the use of force incl. peaceful settlement of disputes (Chapter VI)

Double Veto

decision whether a matter is procedural or not is in itself a substantive matter and thus entails a veto right

Presidency

• rotates on a monthly basis to not assign too much power to an individual country

• vice-presidency would rank countries and thus violate rules of diplomatic protocol

• permanent and non-permanent members in alphabetical order

Tasks

• call emergency meetings

• inter-organizational relations and representation

  -> reports to and meetings with UNGA

• adoption of agenda in consultation with member states

• communication with Secretary-General to convey and publish decisions

  -> e.g. appointment of special representatives

  -> formalized through exchange of letters

• chair meetings of the council

  -> assistet by Director (secretariat staff from Security Council Affairs Division)

Penholder

• leads the negotiation and drafting of resolutions on a particular Council agenda item

• takes the initiative on all Council activities concerning that situation

  -> holding emergency meetings, organising open debates, and leading visiting missions

• chairs negotiations over a draft and speaks first whenever the Council discusses the issue

Ukraine

crisis in context of Russia’s aggression against Ukraine

• blocked in terms of coercive measures in the situation in Ukraine

• not completely inactive even in relation to Ukraine

  -> remains actively engaged, incl. Arria-formula meetings and briefings, presidential statement

• still active in many other regions and crises

• sanctions in other situations are still in place and sanctions committees still working as usual

  -> esp. in regards to counter-terrorism (CTC, Sanction Regimes, Office of the Ombudsperson) and proliferation of WMDs

• engaging with a number of Chapter VI resolutions > peacebuilding and peacekeeping

UNSC Reforms

• expanding permanent membership

  • Germany, Japan, Brazil / Italy, Mexico

  • very unlikely to happen, also because countries wanting reform don't agree who should be permanent members

• expanding non-permanent membership

  • won't weaken veto powers

  • reduce efficiency

    -> more efficient today because of reduced membership compared to UNGA / ECOSOC

• abolish permanent membership entirely

• keep permanent membership but remove veto power

• responsibility not to veto

  • currently pursued by France and Mexico

  • in relation to R2P veto power should not apply / be suspended

  • political declaration by Mexico and France, previously raised by other states

  • adoption as resolution (without Charter amendment) could be realistic

    -> attempt to change through subsequent practice, resolutions

BUT…

• reform requires amendment of Charter (esp. Chapter V)

  • requires 2/3 majority in UNGA including all P5 (no veto)

  • approval of any P5 is very unlikely > UNSC reform very unlikely to happen

• is change really desirable?

  • dangerous at this point in time > more important to save what is remaining

    • focus on keeping the council working!

    • pushing too hard can lead to Russia withdrawing and breakdown of UN

  • alterative view: crisis can be an opportunity

  • anyways mostly discussed by academia not by member states

Responsibility to Protect

• adopted in 2005 World Summit Outcome Document (A/RESR/60/1)

• states have a responsibility to protect the population on their territory

• idea: sovereignty requires fulfilling this responsibility

• justification for humanitarian interventions

  -> not accepted by majority of states

Russia

How to deal with Russia in the context of the aggression against Ukraine?

activation of Charter or RoP provisions

• country being part of a conflict not taking part in decision-making

• Art. 27(3): “party to a dispute shall abstain from voting”

  • interpreted as more of a voluntary act in the past by the UNSC's own practice and thus hard to change that interpretation now

    -> actions of the organ determine its legal powers through subsequent practice

  • more seen as a possibility rather than an obligation

• Rule 20: refrain from presiding over meeting on topic in which involved

expelling Russia

• rightful successor of Soviet Union?

  • little doubt that it is, not taken seriously

  • assumed / took over obligations of SU and greatest territorial expansion of former SU

• Charter provisions

  • Art. 5: suspension when enforcement action by UNSC

  • Art. 6: expulsion due to violation of UN Principles (e.g. Art. 2(4))

  • legally possible, politically not

  • desirable?

    • dangerous consequences

      • radicalization

      • creation of rival organization

    • diplomatic talks must continue

  • US also violated principles