CSS International Law Solved Paper 2018 Question 7

"Although Security Council has resolved most of the issues relating to threat to international peace and security but the real problem today is about its composition". Discuss,

Introduction

The United Nations Security Council (UNSC) is one of the most important institutions which have upheld the modern world order intact. Moreover, without a doubt, it is the most important United Nations (UN) organ because it can pass binding resolutions and is charged with the responsibility of maintaining international peace, resolving conflicts and eliminating any threats to international peace. These factor make UNSC the premier institution in today's world which is responsible for avoiding war. So far, the UNSC has been successful in avoiding a global event like those of World War One and Two.

However, like every other institution, it has its limitations which hinder its ability to fully discharge its responsibilities. Most of these limitations arise of its composition, however, there are other factors too.

Success of UNSC in Maintaining International Peace and Security UNSC has largely been successful in the maintenance of international peace and security. There are numerous examples where the intervention of UNSC has averted full-blown war and has sided with the aggrieved party. The most notable example is of the Iraqi invasion of Kuwait in 1990. As a response to Iraq's aggression towards its smaller neighbor, the UNSC passed resolution. As a result of this resolution, United States (US) led UN troops took military action against Iraq and freed Kuwait. This is just one example of such an action of UNSC. Currently, UNSC is engaged in 16 peacekeeping missions around the world. Most of these peacekeeping missions are in Africa and Asia.

Perhaps the most significant indicator of UNSC's success, in maintaining international peace and security, is the fact that it has been more than seven decades, and the world has not witnessed a destructive event as the two World Wars. Thus, one can claim that the UNSC has been successful in its primary goal. However, there is war and infighting around the world, and there are also blatant human right abuses all over the world too.

Therefore, it leaves the work of UNSC wanting and warrants some reforms in the UNSC.

Composition of the UNSC

The UNSC consists of fifteen members. Five of these fifteen are the permanent members whereas, the rest of the ten are non-permanent ones. The five permanent members (P5) include USA, Britain, Russia, France and China. It is glaringly obvious that most of these representatives are the victors of the World War 2. The non-permanent members are elected for a period of two years on rotating basis based on their geographical locations.

Resolutions at UNSC

UNSC is the only UN organ which can pass binding resolutions and they have to be followed by all the members of the UN. For a resolution to pass, nine member should vote in favor and none of the permanent members should vote against it. This act of voting against a resolution by a permanent member is called the power of veto. If a single P5 member vetoes a resolution, it will not pass even if the rest of the 14 members vote in favor. Russia (formerly USSR) has vetoed 114 resolutions, USA 81, UK 29, France 16 and China has vetoed 14 resolutions. The problem with the veto is the fact that the veto arises out of geopolitical considerations of the individual P5 members rather than a formal process. This has hindered UNSC's powers to solve crisis. The most recent example Of UNSC not being able to solve a crisis directly because of the veto power, is Russian use of vetoes to protect the Syrian regime in the Syrian Civil War.

The Need for Reform

Today's world is changing at a rapid pace. Beyond a threefold increase in the global population, the rapidly changing world of the 21st century is characterized by a diffusion of power (away from states); an accompanying shift in relative material power and influence from the West to the East; and an ongoing transition from a brief period of uni-polarity to multi-polarity. Transnational threats such as terrorism and cybercrime are straining national capacities, while globally armed conflict has been rising for several years; reversing the sharp downturns seen after the collapse of the Berlin Wall.

However, the last time UNSC underwent a reform was in 1965 when the number of non- permanent members were increased from six to 10.

Furthermore, there are certain conflicts that have been raging on for more than seven decades, yet the UNSC has not been able to resolve them. The most significant of these are the Palestinian Conflict and Kashmir. The former has been a constant source of instability in the oil-rich Middle East and has led to more than one wars. The latter threatens to start a nuclear conflict between two nuclear armed neighbors, India and Pakistan. It is a glaring failure of UNSC that it has not been able to resolve these conflicts. Therefore, examples like these also beg reform in the composition of UNSC.

Fixing the Composition of UNSC; the Way Forward

1. Enlargement of the Council Membership

The first solution, that comes to mind when one is talking about fixing the compositional issues of UNSC, is to enlarge the membership of the UNSC. It will allow UNSC to represent more states. The enlargement can be on the basis of population or economical might. This will ensure that the most populous continents have sufficient representation so that their problems can be identified and solved in a timely manner.