CHAPTER V
THE SECURITY COUNCIL
1. Introduction
The Security Council (S.C) of the United Nations is the most important organ in the
Organization. It has primary responsibility for the maintenance of international peace and
security. The objective was to have a small, executive organ functioning continuaous and able to
spring up to action by taking-decisions quickly and effectively, and to put the machinery under
the charter into action whenever International Peace and Security were threatened.
2. Composition
2.1. Article 23 (1)
The Security Council shall consist of fifteen Members of the United Nations.
Permanent Members
• The Republic of China,
• France,
• the Russian Federation
• the United Kingdom of Great Britain and Northern Ireland, and
• the United States of America
shall be permanent members of the Security Council.
This special status is not only by virtue of their permanency, but, also due to 'the inescapable fact
of power differentials'
Non-Permanent Members
The General Assembly (by 2/3 majority) shall elect 10 other Members of the United Nations to
be non-permanent members of the Security Council.
Criteria
In choosing these non-permanent members, the General Assembly gives special importance to
two main factors:
• to the contribution of Members of the United Nations to the maintenance of international
peace and security, and
• to the other purposes of the Organization, and
• to equitable geographical distribution.
Term of Non-permanent members (Article 23 (2))
The non-permanent members of the Security Council shall be elected for a term of two years. In
the first election of the non-permanent members, however, three shall be chosen for a term of
one year. A retiring member shall not be eligible for immediate re-election.
Representatives (Article 23 (3))
Each member of the Security Council shall have one representative.
3. Functions and Powers
Article 24 to 26
a) Primary Responsibility
The “primary responsibility of maintaining International Peace & Security” (Article 24(1)) is on
the Security Council, which shall discharge this function in accordance with the purposes &
principles of the Charter and Chapters VI, VII, and VIII (Article 24(2)). In this respect it can:
• investigate any dispute, or situation which may lead to international friction or give
rise to a dispute.
• recommend methods of adjusting any dispute or terms of settlement.
• determine the existence of a threat to the peace or act of aggression and
to recommend what action should be taken.
• call on members to apply economic sanctions and other measures not involving the
use of force to prevent or stop aggression.
• take military action against an aggressor.
b) Annual Reports (Article 24(3))
The Security Council shall submit annual and, when necessary, special reports to the General
Assembly for its consideration.
c) To exercise the trusteeship functions of the United Nations in "strategic areas".
d) Amendment: It participates in amending the Charter. .
e) Election: It participates (with the General Assembly) in electing the judges of the I.C.J., the
Secretary-General etc.
f) To recommend the admission of new Members.
g) To recommend to the General Assembly the suspension or expulsion of a member state from
the United Nations.
Binding Decisions (Article 25)
The Members of the United Nations agree to accept and carry out the decisions of the Security
Council in accordance with the present Charter.
Article 26 (Regulation of Armaments)
In order to promote the establishment and maintenance of international peace and security with
the least diversion for armaments of the world's human and economic resources, the Security
Council shall be responsible for formulating, with the assistance of the Military Staff Committee
referred to in Article 47, plans to be submitted to the Members of the United Nations for the
establishment of a system for the regulation "of armaments.
Example:
Korean Conflict : (1950-53)
It demonstrates effective collective security by the UN Security Council. After North Korea
invaded South Korea, the Security Council passed a resolution for combined international action.
Despite the Soviet Union abstaining, forces led by Douglas MacArthur intervened, making the
action successful in addressing the conflict.
Congo Conflict
Belgian Govt. declared independence of Congo. But, it retained its troops in Congo. The U.N.
Force not for enforcement purposes but only to assist the Congo Govt. to preserve its Law &
Order. Belgian Govt. withdrew its troops. The U.N. Force was maintained for some more time to
prevent any Civil war. It was later withdrawn
4. Voting (Article 27)
• Yalta formula
Just two months before the San Francisco Conference, the three leaders-President Roosevelt,
Prime Minister Churchill & Marshal Stalin-met in the Crimea and agreed on a principle called
the 'Yalta Formula'.(France and China were later entertained). This formula provided that:
• No. of Vote
1. Each member of the Security Council shall have one vote.
• On Procedural Matters
2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote
at least 9 of the 15 members.
e.g., Appointment of a sub. committee to Laos.
• On Substantive Matters
3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of
nine members including the concurring votes of the five permanent members ;
Exception
In these two circumstances, the party to the dispute shall abstain from voting.
(1) Decisions under Chapter VI: Pacific settlement of disputes.
(2) Decisions for Pacific settlement, through the Regional Organisations, [Art. 52 (3)].
This exception has been explained on the ground that nobody shall be judge in his own case.
• Veto Power
This is the rule of “Great Power Unanimity”, often referred to as the “veto” power. If a
permanent member does not agree with a decision, it can cast a negative vote, and this act has
power of veto. All five permanent members have exercised the right of veto at one time or
another.
5. Procedure
5.1. Continuous Function (Article 28(1))
The Security Council is organized in a way to be able to function continuously. The
representatives of its members must be present at all time at the United Nations Headquarters.
5.2. Periodic Meetings (Article 28(2))
The Security Council shall hold periodic meetings at which each of its members may, if it so
desires, be represented by a member of the government or by some other specially designated
representative.
5.3. Place of Meeting (Article 28(3))
The Security Council may hold meetings at such places other than the seat of the Organization as
in its judgment will best facilitate its work.
EXAMPLE
The Security Council may meet elsewhere than at Headquarters; in 1972, it held a session
in Addis Ababa, Ethiopia, and the following year it met in Panama City.
5.4. Subsidiary Organs (Article 29)
The Security Council may establish such subsidiary organs as it deems necessary for the
performance of its functions.
5.5. PresidentArticle 30
The Security Council shall adopt its own rules of procedure, including the method of selecting its
President.
5.6. Participation of Non members Article 31
Any Member of the United Nations which is not a member of the Security Council may
participate, without vote, in the discussion of any question brought before the Security Council
whenever the latter considers that the interests of that Member are specially affected.
5.7. Party to dispute but non mmemberArticle 32
Any Member of the United Nations which is not a member of the Security Council or any state
which is not a Member of the United Nations, if it is a party to a dispute under consideration by
the Security Council, shall be invited to participate, without vote, in the discussion relating to the
dispute. The Security Council shall lay down such conditions as it deems just for the
participation, of a state which is not a Member of the United Nations.
6.