U.N Security Council
Composition:
The Dumbarton Proposal emphasized
the establishment of an executive organ for maintenance of international peace
and security. In San Francisco Conference It was finally decided to establish
such an organ in form of the Security Council. In accordance with provisions of
Article 7 of U.N Charter the S.C is one of the principle organs of the U.N. It
comprises on 15 members, 5 permanent members and 10 non-permanent members.
China, Russia, America, France, and Britain are permanent members. The
non-permanent members are elected by the G.A for a term of two years.
Voting Right:
According to Article 27 each
member has one vote. Decisions on procedural matters are made by an affirmative
vote of at least 9 of the 15 members. But decisions on substantial matters
require affirmative votes of 9 members including the affirmative votes of 5
permanent members. There is however an exception to this rule for any decision
under Chapter VI and under paragraph
3 of Article 62, a party to dispute shall abstain from voting.
Veto:
A negative vote casted by
permanent member on a substantial matter is called veto. Absence of the
representative of permanent member from the meeting of Council is not
considered as veto. As we seen in 1950 when Soviet Union was not present at
meeting and S.C takes a decision. The Soviet Union argued that absence of its
representative constituted veto but this argument was rejected by U.N.
Powers and Functions of S.C:
Under the Charter of U.N primary
responsibility of S.C is to maintain international peace and security in
accordance with the principles of the U.N Charter.
Powers under Chapter VI:
Peaceful Settlement of disputes:
·
To
call upon parties to settle a dispute or situation which might led to
international friction through negotiations, enquiry, mediation, conciliation,
arbitration, judicial settlement, resort to regional agencies or arrangements
or other peaceful means of their own choice. (Art. 33)
·
The
Security Council may investigate any dispute, or any situation which might lead
to international friction or give rise to a dispute, in order to determine
whether the continuance of the dispute or situation is likely to endanger the
maintenance of international peace and security. (Art. 34)
- The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appropriate procedures or methods of adjustment.
- The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties.
- In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court. (Art 36)
S.C actions under Chapter VII:
·
The
Security Council shall determine the existence of any threat to the peace,
breach of the peace, or act of aggression and shall make recommendations, or
decide what measures shall be taken in accordance with Articles 41 and 42, to
maintain or restore international peace and security. (Art. 39)
·
The
Security Council may decide what measures not involving the use of armed force
are to be employed to give effect to its decisions, and it may call upon the
Members of the United Nations to apply such measures. These may include
complete or partial interruption of economic relations and of rail, sea, air,
postal, telegraphic, radio, and other means of communication, and the severance
of diplomatic relations. (Art. 41)
·
Should
the Security Council consider that measures provided for in Article 41 would be
inadequate or have proved to be inadequate, it may take such action by air,
sea, or land forces as may be necessary to maintain or restore international
peace and security. Such action may include demonstrations, blockade, and other
operations by air, sea, or land forces of Members of the United Nations.
(Art.42)
Elective Function:
The Security Council also
performs following elective functions;
·
Election
of the judges of the International Court of Justice.
·
Security
Council also recommends the appointment of the Secretary General of the U.N.
the appointment of Secretary General is a substantial matter therefore
affirmative vote 9 members including 5 permanent members is necessary.
·
It
elects its own President.
Supervisory Functions:
The Security Council also performs
some supervisory functions;
·
It
supervises the functions of the Organization as whole.
·
A
Member of the United Nations against which preventive or enforcement action has
been 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. The exercise of these rights and
privileges may be restored by the Security Council. (Art. 5)
·
A
Member of the United Nations which has persistently violated the Principles
contained in the present Charter may be expelled from the Organization by the
General Assembly upon the recommendation of the Security Council. (Art. 6)
·
The
Security Council control and supervise the Trust Territories under the
Trusteeship system of the U.N.
Constituent Functions:
The constituent powers of the S.C
are very important. Article 108 of the Charter provides that amendments to the
present Charter shall come into force for all Members of the United Nations
when they have been adopted by a vote of two thirds of the members of the
General Assembly and ratified in accordance with their respective
constitutional processes by two thirds of the Members of the United Nations,
including all the permanent members of the Security Council.
