qwertyuiopasdfghjklzxcvbnmqwertyui

11

opasdfghjklzxcvbnmqwertyuiopasdfgh
jklzxcvbnmqwertyuiopasdfghjklzxcvb
nmqwertyuiopasdfghjklzxcvbnmqwer
EVALUATION OF
tyuiopasdfghjklzxcvbnmqwertyuiopas
UNSC
dfghjklzxcvbnmqwertyuiopasdfghjklzx
cvbnmqwertyuiopasdfghjklzxcvbnmq
PUBLIC INTERNATIONAL LAW

wertyuiopasdfghjklzxcvbnmqwertyuio
pasdfghjklzxcvbnmqwertyuiopasdfghj
ANAMTA HAMID
B.A.LL.B.(Hons.)[S/F]
klzxcvbnmqwertyuiopasdfghjklzxcvbn
10

mqwertyuiopasdfghjklzxcvbnmqwerty
uiopasdfghjklzxcvbnmqwertyuiopasdf
ghjklzxcvbnmqwertyuiopasdfghjklzxc
vbnmqwertyuiopasdfghjklzxcvbnmrty
uiopasdfghjklzxcvbnmqwertyuiopasdf
11

ghjklzxcvbnmqwertyuiopasdfghjklzxc
CONTENTS
Acknowledgement 3

Introduction 4

United Nations 5-7

UNSC-United Nations Security Council 8-9

History 10-11

Structure 12-13

How UNSC works? 14-15

Functions of UNSC 16-17

India’s role in the Security Council 18

India’s bid for permanent seat in UNSC 19

Why India should be added? 20

Roadblocks India is facing in its quest for permanent membership of the

UN Security Council 21-22
Criticism 23

Conclusion 24-25

Bibliography 26

2
ACKNOWLEDGEMENT
I would like to express my special thanks of gratitude to my teacher Dr. Ghulam
Yazdani who gave me the golden opportunity to do this wonderful project on the
topic EVALUATION OF UNSC, which also helped me in doing a lot of Research and I
came to know about so many new things I am really thankful to him.
Secondly I would also like to thank my seniors and friends who helped me a lot in
finalizing this project within the limited time frame.

Anamta Hamid

B.A.LL.B.(Hons.)[S/F]

Roll no. 10

3
INTRODUCTION
United Nations (UN), international organization established on October 24, 1945. The United
Nations (UN) was the second multipurpose international organization established in the 20th
century that was worldwide in scope and membership. Its predecessor, the League of Nations,
was created by the Treaty of Versailles in 1919 and disbanded in 1946. Headquartered in New
York City, the UN also has regional offices in Geneva, Vienna, and Nairobi. Its official
languages are Arabic, Chinese, English, French, Russian, and Spanish.

The UN formed a continuum with the League of Nations in general purpose, structure, and
functions; many of the UN’s principal organs and related agencies were adopted from similar
structures established earlier in the century. In some respects, however, the UN constituted a
very different organization, especially with regard to its objective of maintaining international
peace and security and its commitment to economic and social development.

The purposes, principles, and organization of the United Nations are outlined in the Charter. The
essential principles underlying the purposes and functions of the organization are listed in Article
2 and include the following: the UN is based on the sovereign equality of its members; disputes
are to be settled by peaceful means; members are to refrain from the threat or use of force in
contravention of the purposes of the UN; each member must assist the organization in any
enforcement actions it takes under the Charter; and states that are not members of the
organization are required to act in accordance with these principles insofar as it is necessary to
maintain international peace and security. Article 2 also stipulates a basic long-standing norm
that the organization shall not intervene in matters considered within the domestic jurisdiction of
any state. Although this was a major limitation on UN action, over time the line between
international and domestic jurisdiction has become blurred.

4
UNITED NATIONS
The United Nations (UN) is an intergovernmental organization established on 24 October 1945
to promote international cooperation. It was founded to replace the League of Nations following
World War II and to prevent another conflict. When it was founded, the UN had 51 Member
States; there are now 193. Most nations are members of the UN and send diplomats to the
headquarters to hold meetings and make decisions about global issues.

The goals of the United Nations are:

 to keep world peace

 to help countries get along
 to improve living conditions for people all over the world
 and to make the world a better place.

HISTORY

After World War I, the nations of the world formed the League of Nations. This organization
was a place where nations could talk through their differences calmly. However, some countries
like Germany, Italy and Japan ignored the League and tried to solve their problems through war.
Members of the League of Nations did not want to go to war to protect other members and the
League failed. A Second World War soon followed.

During World War II, the Allied Powers often called themselves "the United Nations" (united
against the Axis Powers). After the War, the winners formed a new organization for world peace.
On 25th April 1945 in San Francisco, they decided on the name '"United Nations". In June they
signed the United Nations Charter saying how the organization would work. The UN was created

5
on 24 October 1945 and its first meeting was held in January 1946. Since 1947 the 24th of
October has been called “United Nations Day”.

STRUCTURE

The UN has six principal organs:

1. The General Assembly (the main deliberative assembly);

2. The Security Council (for deciding certain resolutions for peace and security);
3. The Economic and Social Council (ECOSOC; for promoting international economic and
social co-operation and development);
4. The Secretariat (for providing studies, information, and facilities needed by the UN);
5. The International Court of Justice (the primary judicial organ);
6. The UN Trusteeship Council (inactive since 1994).

UN System agencies include the World Bank Group, the World Health Organization, the World
Food Programme, UNESCO, and UNICEF. The UN's most prominent officer is the Secretary-
General, an office held by Portuguese politician and diplomat António Guterres since 2017. Non-
governmental organizations may be granted consultative status with ECOSOC and other
agencies to participate in the UN's work.

Additionally there are so-called "special agencies of the United Nations". Some are older than
the United Nations. Here are a few of them:

 The United Nations Children's Fund (UNICEF)

 The World Health Organization (WHO)
 The Food and Agriculture Organization (FAO)
 The United Nations Educational, Scientific and Cultural Organization (UNESCO)
 The International Labour Organization (ILO)
 The International Monetary Fund (IMF)
 The United Nations Environment Programme (UNEP)

6
  The United Nations Development Programme (UNDP)

HEADQUARTERS

All organs of the United Nations are based in New York City, except the International Court of
Justice which is located at The Hague in Netherlands

ACTIVITY

The main building for the United Nations is in New York City in the United States of America,
but the UN also has important offices in Geneva (Switzerland), Nairobi (Kenya) and Vienna
(Austria). The UN tries to be peaceful, but sometimes when talks do not work the UN, unlike the
League of Nations, will fight too. In the 1950s the UN helped South Korea in a war against
North Korea, and in the 1990s the UN helped to force Iraqi soldiers out of Kuwait. At other
times, the UN has formed 'peacekeeping' forces. UN peacekeepers travel to troubled places in the
world and try - sometimes successfully, sometimes not - to keep the peace. Today there are UN
peacekeepers working in Afghanistan, Cyprus, Haiti, Liberia and several other countries.
Through a series of goals, resolutions and declarations adopted by member nations of the United
Nations, the world has a set of commitments, actions and goals to stop and reverse the spread of
HIV and scale up towards universal access to HIV prevention, treatment, care and support
services.

7
UNSC-UNITED NATIONS
SECURITY COUNCIL
The United Nations Security Council (UNSC) is one of the six principal organs of the United
Nations, charged with the maintenance of international peace and security as well as accepting
new members to the United Nations and approving any changes to its United Nations Charter.
Its powers include the establishment of peacekeeping operations, the establishment of
international sanctions, and the authorization of military action through Security Council
resolutions; it is the only UN body with the authority to issue binding resolutions to member
states. The Security Council held its first session on 17 January 1946.

Like the UN as a whole, the Security Council was created following World War II to address the
failings of a previous international organization, the League of Nations, in maintaining world
peace. In its early decades, the Security Council was largely paralyzed by the Cold War division
between the US and USSR and their respective allies, though it authorized interventions in the
Korean War and the Congo Crisis and peacekeeping missions in the Suez Crisis, Cyprus, and
West New Guinea. With the collapse of the Soviet Union, UN peacekeeping efforts increased
dramatically in scale, and the Security Council authorized major military and peacekeeping
missions in Kuwait, Namibia, Cambodia, Bosnia, Rwanda, Somalia, Sudan, and the Democratic
Republic of Congo.

8
The Security Council consists of fifteen members. The great powers that were the victors of
World War II—the Soviet Union (now represented by the Russian Federation), the United
Kingdom, France, the Republic of China (now represented by the People's Republic of China),
and the United States—serve as the body's five permanent members. These permanent members
can veto any substantive Security Council resolution, including those on the admission of new
member states or candidates for Secretary-General. The Security Council also has 10 non-
permanent members, elected on a regional basis to serve two-year terms. The body's presidency
rotates monthly among its members.

Security Council resolutions are typically enforced by UN peacekeepers, military forces

voluntarily provided by member states and funded independently of the main UN budget. As of
2016, 103,510 peacekeepers and 16,471 civilians were deployed on sixteen peacekeeping
operations and one special political mission.

9
HISTORY
During the Cold War, continual disagreement between the United States and the Soviet Union
made the Security Council an ineffective institution. Perhaps the most notable exception to that
occurred in June 1950, when the Soviets were boycotting the Security Council over the issue of
China’s UN membership. The absence of a Soviet veto allowed the U.S. to steer through a series
of resolutions that authorized the use of military force to support South Korea in the Korean
War. Troops from South Korea, the United States, and 15 other countries would swell the ranks
of United Nations Command to nearly 1 million by the war’s end. When an armistice was signed
at P’anmunjŏm in July 1953, more than 250,000 troops—the overwhelming majority of whom
were Korean—had died while fighting under the banner of United Nations Command in Korea.

Between the late 1980s and the early 21st century, the council’s power and prestige grew.
Beginning in the late 1980s, there was a surge in the number of peacekeeping operations
(including observer missions) authorized by the Security Council: between 1948 and 1978 only
13 missions had been authorized, but between 1987 and 2000 some three dozen operations were
approved, including those in the Balkans, Angola, Haiti, Liberia, Sierra Leone, and Somalia.

While these operations experienced a measure of success—as evidenced by the awarding of the
1988 Nobel Prize for Peace to UN Peacekeeping Forces—failures in Rwanda and Bosnia led
many to question the effectiveness of the UN as a keeper of peace and of the Security Council as
a deliberative body. In April 1994, 10 Belgian troops guarding Rwandan Prime Minister Agathe
Uwilingiyimana were killed by Hutu extremists, and the Security Council responded by voting to
reduce the size of the UN Assistance Mission for Rwanda (UNAMIR), an already understrength
force of some 2,500 lightly armed troops, by 90 percent. By the time the UN voted to bolster its
peacekeeping mission the following month, the Rwandan genocide was well under way, and

10
UNAMIR commander Roméo Dallaire was struggling to save what civilians he could with the
meagre force that he had. In July 1995 Dutch peacekeepers tasked with securing the “safe area”
of Srebrenica, Bosnia and Herzegovina, failed to protect hundreds of Bosniak (Bosnian Muslim)
men and boys in the face of advancing Bosnian Serb paramilitary troops. More than 8,000
Bosniak men and boys were killed in the subsequent Srebrenica massacre, and in 2014 a Dutch
court ruled that the government of the Netherlands was partially liable for the deaths of 300 of
the victims.

In the conflicts of the 21st century, the Security Council was a much less effective body.
Beginning in 2003, Arab militias backed by the Sudanese government carried out a terror
campaign in the region of Darfur. In spite of the presence of an African Union peacekeeping
force, hundreds of thousands were killed and millions were displaced in what was called the first
genocide of the 21st century. In August 2006 the Security Council authorized the creation and
deployment of a peacekeeping force to Darfur, but the Sudanese government rejected the
measure. In the entire history of the UN, no peacekeeping mission had ever failed to deploy once
authorized by the Security Council. A compromise was found in a joint peacekeeping force
known as the hybrid United Nations/African Union Mission in Darfur (UNAMID), authorized by
the Security Council in July 2007. Large-scale UNAMID troop deployment did not begin until
2008, some five years after the violence began, and obstruction by the government of Sudanese
Pres. Omar al-Bashir limited the mission’s effectiveness.

The United States traditionally vetoed measures that were seen as critical of Israel, and it did so
more than three dozen times in the decades following the Six-Day War. Russia used its veto to
protect its interests in what it termed “the near abroad”—the territories of the former Soviet
Union—and to support the regime of Syrian Pres. Bashar al-Assad. In 2008 Russia vetoed a
measure condemning its occupation of the Georgian republics of South Ossetia and Abkhazia.
After the outbreak of the Syrian Civil War in 2011, Russia and China vetoed numerous attempts
to stem the bloodshed in that conflict. Some half a million people were killed in the fighting in
Syria, and millions more were displaced. The only significant action taken by the Security
Council—the creation of the Joint Investigative Mechanism (JIM), a body to investigate the use
of chemical weapons by the Assad government and other combatants—was ultimately halted by

11
Russia when it vetoed the extension of the JIM’s mandate. After Russia illegally annexed the
Ukrainian republic of Crimea in March 2014, it vetoed a Security Council resolution
condemning the act, and, when Russian-backed militants shot down Malaysia Airlines flight
MH17 over eastern Ukraine, Russia vetoed a resolution that would have created an international
tribunal to investigate and prosecute those responsible for the loss of 298 lives.

STRUCTURE
The Security Council originally consisted of 11 members—five permanent members (the
Republic of China [Taiwan], France, the Soviet Union, the United Kingdom, and the United
States) and six nonpermanent members elected by the UN General Assembly for two-year terms.
An amendment to the UN Charter in 1965 increased council membership to 15, including the
original five permanent members and 10 nonpermanent members. Among the permanent
members, the People’s Republic of China replaced the Republic of China in 1971, and the
Russian Federation succeeded the Soviet Union in 1991. The nonpermanent members are
generally chosen to achieve equitable representation among geographic regions, with five
members coming from Africa or Asia, one from eastern Europe, two from Latin America, and
two from western Europe or other areas. Five of the 10 nonpermanent members are elected each
year by the General Assembly for two-year terms, and five retire each year. The presidency is
held by each member in rotation for a period of one month.

Each member has one vote. On all “procedural” matters—the definition of which is sometimes in
dispute—decisions by the council are made by an affirmative vote of any nine of its members.
Substantive matters, such as the investigation of a dispute or the application of sanctions, also
require nine affirmative votes, including those of the five permanent members holding veto
power. In practice, however, a permanent member may abstain without impairing the validity of
the decision. A vote on whether a matter is procedural or substantive is itself a substantive
question. Because the Security Council is required to function continuously, each member is
represented at all times at the United Nations headquarters in New York City.

12
The composition of the Security Council has been a contentious matter, particularly since the end
of the Cold War. Critics have argued that the Security Council and its five permanent members
reflect the power structure that existed at the end of World War II, when much of the world was
under colonial rule. Reform efforts have remained elusive but have centred on efforts to make
the work of the Security Council more transparent and on demands by important non-permanent
members, such as Brazil, Germany, India, and Japan (the so-called G-4), to obtain permanent
membership—or at least have special status within the Security Council. One proposal put
forward by the G-4 countries was to increase the membership of the Security Council to 25 seats
by adding six new permanent members, including one each for themselves and two for Africa.

13
HOW UNSC WORKS?
The chapter VI & VII of the UN Charter deals with the mechanism of working of the UNSC.
The UN Charter authorizes the Security Council to take action on behalf of the members, and to
make decisions and recommendations. Charter mentions neither binding nor non-binding
resolutions. Please read the following carefully.

Under Chapter VI, which is titled “Pacific Settlement of Disputes”, the UNSC may
investigate any dispute, or any situation which might lead to international friction or give rise to
a dispute. If the UNSC determines that the situation might endanger international peace and
security, it would first recommend appropriate procedures or methods of adjustment. These
recommendations are not binding on UN members.

Under Chapter VII which titles “Action with Respect to Threats to the Peace, Breaches of
the Peace, and Acts of Aggression” if it determines that there is threats to the peace, breaches
of the peace, or acts of aggression, then Council is not limited to recommendations but may take
action, including the use of armed force “to maintain or restore international peace and security”.
This was the legal basis for UN armed action in Korea in 1950 during the Korean War and the
use of coalition forces in Iraq and Kuwait in 1991 and Libya in 2011. Decisions taken under
Chapter Seven, such as economic sanctions, are binding on UN members.The UNSC may also
call upon other member nations to completely or partially interrupt economic relations as well as
sea, air, postal, and radio communications, or to sever diplomatic relations.

14
Thus, Security Council Resolutions are legally binding if they are made under Chapter VII
(Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression) of
the Charter.

However, there is a general agreement among legal scholars outside the organization that
resolutions made under Chapter VI (Pacific Settlement of Disputes) are not legally binding. This
is because they have no enforcement mechanism, except self-help, they may not be legally
binding. However it (binding or non-binding nature) has been always a subject of discussion. In
one document, UNSC said explicitly that no UNSC resolution is Non-enforceable.

15
FUNCTIONS OF UNSC
Under the United Nations Charter, the functions and powers of the Security Council are:

 to maintain international peace and security in accordance with the principles and
purposes of the United Nations;

 to investigate any dispute or situation which might lead to international friction;

 to recommend methods of adjusting such disputes or the terms of settlement;

 to formulate plans for the establishment of a system to regulate armaments;

 to determine the existence of a threat to the peace or act of aggression and to recommend
what action should be taken;

 to call on Members to apply economic sanctions and other measures not involving the use
of force to prevent or stop aggression;

 to take military action against an aggressor;

 to recommend the admission of new Members;

 to exercise the trusteeship functions of the United Nations in "strategic areas";

 to recommend to the General Assembly the appointment of the Secretary-General and,

together with the Assembly, to elect the Judges of the International Court of Justice.

In its role as international peace keeper, the Security also has coercive powers designed to
enforce its resolutions and prevent large-scale aggression. The Security Council's coercive
powers include the authority to "call on Members to apply economic sanctions and other
measures not involving the use of force to prevent or stop aggression," and to take military action
against an aggressor as a last resort. Furthermore, the legal limits of the Council expand if there
is a direct threat or breach of peace by one or more nations. If the Security does decide that

16
coercive actions, such as the sanctions applied on Iraq since the 1990s, are required, then
member governments have a legal obligation to act on those measures. If all other conciliatory
and coercive tactics fail, then the Security Council may step in with military force to protect a
civilian population and prevent the attempted invasion by one country over another.

17
INDIA’S ROLE IN THE
SECURITY COUNCIL
India was among the original members of the United Nations that signed the declaration of the
United Nations and also participated in the historic conference United Nations Conference of
International Organization at San Francisco which resulted in the creation of the United Nations
charter. As one of the founding members of the UN, India has been actively involved in the
implementation of the goals of the UN charter which includes promotion of world peace,
encouraging respect for human rights and fundamental freedom of all.

India has served as non-permanent member of the Security Council seven times. In 2010, India
was selected as member with a backing of 187 out of 192 countries which itself speaks of India’s
stature in the United Nations. India has been associated with UN peace keeping operations since
its inception itself and has been the largest troop contributor. India has contributed nearly
160,000 troops, participated in more than 43 missions.

Apart from the peace-keeping operations India also took active part in drafting of the Universal
Declaration on human rights. India is party to six core human rights conventions. India has
always been on the forefront in fight against colonialism, apartheid and racial discrimination.
India was the first country to raise the issue of apartheid and racial discrimination being practised
in the South Africa. Recently, during the Arab uprising India stood very responsibly and
counselled restraint on the question of military intervention and emphasised the importance of
undertaking well-planned and adequately resourced UN missions, thus upholding its role as a
guardian of the UN charter.

With the view of enlarging the UNSC permanent members so as to make it more representative,
India being the second most populous and seventh largest country of the world has demanded to
become permanent member of the Security Council.

18
INDIA’S BID FOR
PERMANENT SEAT IN UNSC
India, the land of Gandhi and Buddha who gave the principles of non-violence and peace stands
as a strong candidate for permanent seat in the UNSC. No other country reflects such diversity as
India does. The primary purpose of United Nations is maintenance of peace among nations
which comprises of diverse cultures and religion. India is a perfect example of such model. Also,
India is the second largest growing economy of the world after China.

But the chances of this demand getting accepted are very bleak. Considering the factor that since
its inception, the number of permanent members in the UNSC has never been increased. The
permanent five members who include China are opposed to the idea of expansion of the Security
Council. However, with the continuously changing world order and the rise of India as a super-
power this demand should be continuously pressed upon.

India has basically followed two strategies for the expansion of the Security Council. “The first
focuses on a narrow major-power claim, which emphasises India’s capabilities and contributions
to the UNSC as the basis for permanent membership”. This approach is based on the criteria’s of
population, territorial size, diversity, political system and various other factors.

The second approach basically focuses on the “problem of representation in the UNSC and
makes the case for expanding both permanent and non-permanent categories of membership with
a view to ensuring that the world’s foremost organisation for international peace and security
reflects the dramatically altered distribution of power since 1945.

19
WHY INDIA SHOULD BE
ADDED?
 After 2008 financial meltdown, India had been a member of G 20 to help the world tide over
a difficult situation
 IAEA and NSG considers India as ‘a state with advanced nuclear technology’ and sanctified
India as a responsible member of the nuclear community
 However, India needs to dispel popular perception the India feels comfortable in its role as ‘a
recessed power’
 IS in – parts of West Asia, Yemen, areas around Caspian sea, pockets in Central Asia,
Afghanistan and Pakistan – India has long history of Islamic scholarship, which can be used
to counter IS by ‘soft power‘ instead of bullets and bombs.
 Refugee crisis – India can showcase its inherent strengths, derived from ancient civilizational
traditions. During Bangladesh refugee crisis India had shown both capability and remarkable
resilience and India’s experience would prove useful for countries in Europe.

Apart from the relevance of size, ancient wisdom, culture and current economic strength, India’s
role as a vital 21st century problem solver cannot but add weight to its claims to membership of
the Security Council.

20
ROADBLOCKS INDIA IS
FACING IN ITS QUEST FOR
PERMANENT MEMBERSHIP
OF THE UN SECURITY
COUNCIL
India has been a temporary member many times. It wants to secure permanent membership in
UNSC for its growing importance in world affairs. But the Indian journey to UNSC Permanent
membership seems very difficult. Following are the major roadblocks:

1. P5 Resistance: Permanent members never get to a consensus to allow expansion

of council and offer permanent seat to another country. China being India’s rival
will always veto down any such agreement for India. Thus this remains the
biggest roadblock.

2. India’s economic contribution: Compared to P5 Countries India’s contribution

to Security council budget is very minimal, which again discredits its claim to join
council as a permanent group.

3. International diplomacy: India is seen as a soft country, especially on matters

related to middle east and gulf countries. It maintains neutrality and puts its own
interest before taking a hard stance. This is misinterpreted by P5 countries as
India’s inability to offer and sanction extreme measures. Especially US is not
comfortable with this behaviour.

4. India’s closeness with Japan will also be a major reason for China’s objection.

21
 5. The structure of UNSC is very complex. For India to be a permanent members, it
needs the nod off 2/3rd of the general members with the support of P5 which
requires an amendment to the UN charter act

6. With superpowers like Germany and Japan already in queue, India’s admission is
a farfetched dream.

Permanent membership is critical for India for following reasons:

1. To improve India’s global stature

2. To help India reach at comparable level with its rival China

3. To secure its neighbourhood from future combined interventions, if any

4. To bring equality of treatment and be the natural leader of developing countries in

security council.

22
CRITICISM
The United Nations Security Council (UNSC) is the most powerful body in the United Nations, with
primary responsibility for the maintenance of international peace and security. It has five powerful
countries (US, UK, France, Russia, and China) as permanent members along with 10 non-permanent
members. Despite UN has been largely successful in ending various conflicts, it is unable to address many
challenges faced by raising extremism across the world.

 UNSC failed to enforce its resolution on Iraq, for cooperation and transparency regarding various
weapons. That led to the US invasion on Iraq in the name of weapons of Mass Destruction.
 In 2003, Sudan erupted into conflict as various extremist groups criticized and attacked the
government for oppressing the non-Arab. After three years, UN could dispatch its soldiers in a limited
manner. By 2010, an estimated 300,000 Sudanese civilian were killed.
 In 2012, China and Russia used their veto power and the UNSC could not intervene in Syria. Since
the Syrian civil war began, an estimated 60,000 civilians have been killed.
 UNSC is also unable to bring any resolution condemning Israel‘s action against Palestine, following
US’s veto power.
 UNSC do not have any concrete plan to deal with tensions in East Jerusalem as well as the activities
of radicalized and extremist groups in Iraq, Syria, Ukraine etc.

Although UNSC can be credited for its peace-keeping missions in Haiti, Congo, etc. The big issues of
world peace – terrorism, extremism, nuclear proliferation can‘t be entrusted upon a body which is more
often paralytic than effective.

23
CONCLUSION
The United Nations (UN) was formed on October 24, 1945 after the mass destruction that the
world saw during the Second World War. The Second World War ended with the dropping of
nuclear bombs at Hiroshima and Nagasaki. This kind of destruction was never seen before and it
was realized that if this kind of war happens again then the life at Earth will cease to exist. In
order to promote peace and security this organization was formed. One of its primary objectives
includes maintenance of world peace and security and to promote friendly relations among
nations. It has six principal organs and Security Council is one of them. The Security Council is
entrusted to achieve the most primary objective of UN that is the maintenance of international
peace and security. The council is composed of 5 permanent members and 10 non-permanent
members. The 10 non-permanent members are elected for a period of two years by the General
Assembly. The council has been given vast range of powers. While other organs of the UN can
only make recommendations to the member states, the Security Council under Article 25 of the
UN Charter is empowered to take decisions which will be binding on all the member states. The
Council is empowered to order mandatory sanctions, call for ceasefires and to take military
actions against the aggressor on behalf of the UN. The council also has a role in the admission of
new members of the UN, the appointment of the Secretary-General and the election of the judges
to the International Court of Justice. It is in view of these powers that the Security Council
assumes great significance. In view of these powers and due to the greater role of maintaining
world peace and order it is necessary for the UNSC to be a fair, legitimate, impartial and global
body. However, it has largely failed in these aspects and it is in this context that the criticisms of
UNSC must be looked into.

It has been said by various scholars that of all the organs of the United Nations none has been a
big failure as Security Council, it has shown a great discrepancy between promise and
performance. There has been criticism that the five permanent members of the Security Council
who are all nuclear powers have created an exclusive nuclear club whose powers are unchecked.
Unlike the General Assembly which truly represents the interests of all the member states, the

24
Security Council represents the interest and domination of only the five permanent members
which includes China, France, Russia, the United Kingdom and the United States of America.

Another criticism of the UNSC includes the veto power exercised by the five permanent
members. For passing any resolution, the approval of all the five permanent members is
necessary and even if one of the members says no the resolution cannot be passed. This right to
veto has been misused by the members. For example, recently Russia has annexed Crimea by
way of a referendum. Russia vetoed a U.N resolution which declared the referendum as illegal.
Thus, the member states have been using this privilege for their respective states.

The other significant criticism is that the Security Council has failed to accommodate changes
which have occurred since 1945. The important weakness of the UNSC as it stands today is that
the United Nations is often at odds with the contemporary reality, because it has not shifted from
the international power structure of 1945. It has often been said that the Security Council is not
representative of the geopolitical realities of the modern world. “Both Africa and Latin America
lack a permanent seat on the Council, while Europe is overrepresented and Asia is
underrepresented. In view of these discrepancies, the demand for expansion of the UNSC has
been consistently raised.

25
BIBLIOGRAPHY
BOOKS REFERRED
 DR. H.O. AGARWAL, INTERNATIONAL LAW AND HUMAN RIGHTS (20 ed 2014).

WEBSITES REFERRED
 www.google.com
 www.britannica.com
 www.gktoday.in
 www.legalservicesindia.com
 scholarship.law.berkeley.edu

26