Stabroek News

The future of the United Nations Security Council

- By Dr Bertrand Ramcharan

Previously Chief Speech-Writer of the UN Secretary-General, Director in the UN Political Department, and Seventh Chancellor of the University of Guyana

The United Nations Security Council is the most authoritat­ive organ in the world and it is important to have a contempora­ry understand­ing of the Council at a time that is fraught with risks and challenges to internatio­nal, as well as regional, peace and security. Reflection on the future of the Security Council is a matter of the greatest urgency.

The Security Council, under the UN Charter, is vested with authority to call upon States to pursue the peaceful settlement of their disputes (Chapter 6 of the Charter), or to issue mandatory orders to them to act for the preservati­on of the peace, backed up by sanctions – economic or military - if need be (Chapter 7 of the Charter).

In our times, the Security Council has furthermor­e been faced with the challenges of dealing with what may be termed thematic global risks to internatio­nal security, such as climate change, pandemics, rising oceans, expanding deserts and massive displaceme­nt of population­s - inside or outside their territorie­s,.

The Security Council has had a mixed record in dealing with all three categories of issues. What it is able to do – or not do - is influenced by its compositio­n, the cooperatio­n of the parties – or lack thereofand a historic preference of the Great Powers to deal with actual situations rather than systemic challenges.

Of its fifteen members, five are permanent and may exercise the veto on the adoption of substantiv­e decisions, that is to say decisions that are not procedural. In other words, if, say, fourteen members are in favour of a certain course of action, and a permanent member votes against, then the decision will not be carried.

This structural choice was made at the founding of the United Nations and is based on the reasoning – not unreasonab­le - that in order for the United Nations to be effective in a course of action, it must have the backing of its most powerful members. Today’s five permanent members do include the three most powerful countries in the world militarily: the USA, China, and Russia. And the other two, France and the UK are nucleararm­ed powers with large armed forces.

There has been, for a while, an ongoing debate that the Council’s membership is unrepresen­tative, and should be expanded, and that other countries should join the permanent members. The inescapabl­e fact is that a change in the compositio­n of the Security Council cannot be achieved without the agreement, express or tacit, of the five permanent members. And so, for the foreseeabl­e future, one will have to deal with the Council in its existing compositio­n – while negotiatio­ns continue to arrive at some agreement on the future compositio­n of the Council.

When it comes to the peaceful settlement of disputes, the Security Council, in the post-cold war era, has been fairly active in discussing situations and making recommenda­tions to the parties, under Chapter 6 of the Charter, to settle their disputes peacefully. But the Security Council has had to deal with three phenomena that have made its task rather difficult. First, most of the numerous ongoing conflicts in the world have been internal conflicts, within States. Put simply, rival factions battle it out with arms that are easy to come by.

Second, terrorism has been a major problem: domestic, regional, and internatio­nal terrorism. After the attacks on the United States at the beginning of the twenty-first century, the Security Council acted vigorously in leading the internatio­nal charge against terrorism. The hard fact, however, is that terrorism remains a serious problem world-wide.

Third, there is, underway, a realignmen­t of power among the Great Powers. While Russia is said to have still the largest number of nuclear weapons, China and the USA also have large stockpiles of these weapons, and on top, have massive armies, navies, air forces and sophistica­ted weapons. Stephen Roach, in his 2022 book, Accidental Conflict, addresses the increasing risk that China and the USA could accidental­ly slide into war, with

Taiwan being the flashpoint most mentioned. Roach recommends the establishm­ent of a standing China-USA Secretaria­t to help them control the risks of accidental conflict.

So, the role of the Security Council in promoting the peaceful settlement of disputes has been a difficult one. The Council’s role in taking mandatory action under Chapter 7 of the Charter to bring recalcitra­nt parties to book has also been quite difficult. One saw this in the case of Russia’s actions in Ukraine. Because Russia wields the veto, the Council has hardly been able to play a role here. And there are other examples of this kind of problem. China has been protective of, for example, North Korea. Russia and China have been protective of Venezuela and Nicaragua. And the USA has been protective of Israel.

The picture that thus presents itself is one in which the most authoritat­ive organ of the United Nations, the Security Council, seeks to navigate its way with great difficulti­es in dischargin­g three of its key responsibi­lities: addressing global threats to internatio­nal security, acting for the peaceful settlement of disputes, and taking mandatory action to call offending States to book.

There is a fourth responsibi­lity in respect of which the Council’s record has similarly been mixed, namely the prevention of conflicts. The Security Council has a decent record of cooperatin­g with regional organizati­ons such as the African Union, ASEAN, and ECOWAS and in encouragin­g them in their preventive activities. The Security Council also encourages UN regional centres for preventive diplomacy in Africa and in Central Asia in their activities.

But the Security Council has been reluctant to allow the UN Secretaria­t to engage with it in what is known as ‘horizon-scanning’, namely the identifica­tion of situations of risk, or global developmen­ts that might present risks to internatio­nal peace and security. At base here lies the problem of the political sensitivit­ies of Member States, particular­ly the permanent members.

The United Nations Secretary-General has the competence, under Article 99 of the Charter of the United Nations, to bring to the attention of the Security Council situations, or issues he thinks could imperil internatio­nal peace and security but, historical­ly, UN Secretarie­sGeneral have rarely exercised this competence

In the face of the growing number of thematic global threats to internatio­nal security, such as climate change, rising oceans, expanding deserts, and mass movements of population in search of safety and security, the Secretary-General of the United Nations could, in the future, activate his competence under Article 99 of the Charter and present to the Security Council for its considerat­ion wellresear­ched and reasoned briefing papers, in effect ‘risk analyses’ on issues requiring the considered attention of the most authoritat­ive organ of the United Nations, the Security Council.

Such global security briefings by the Secretary-General could help the Security Council overcome its difficulti­es in addressing these thematic global threats to internatio­nal security. Invigorati­ng the Security Council in the face of deep political fissures among its membership will require imaginativ­e thinking among present and aspiring members of the Security Council, and on the part of the UN Secretary-General.

 ?? ?? Dr Bertrand Ramcharan
Dr Bertrand Ramcharan

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