The Security Council

• Author: Alexandre Tavadian
• Pages: 227-300

227

Chapter 4

THE SECURITY COUNCIL

To explain the role of the Security Council, many scholars and aca-

demics draw an analogy between the UN and national governments.

They then equate the Security Council to the executive branch of a

government. Such comparisons are confusing and not helpful. Any

attempt to understand the UN or the Security Council through the

prism of domestic constitutional law is doomed to failure.

With a wide range of powers, the UN Security Council is con-

sidered to be the most inuential organ of the United Nations, vested

foremost with the primary responsibility for the maintenance of

international peace and security.1 In comparison with the Council

of the League of Nations, the Security Council is a ground-breaking

arrangement.

First, the Council of the League of Nations was unable to attract

all of the major powers of the time. Indeed, the United States never

joined the League and most other powerful states of the time held a

seat on the Council only temporarily. Germany, Italy, and Japan with-

drew from the League at dierent times for dierent reasons, while

1 Charter of the United Nations, 26 June 1945, Can TS 1945 No 7, art 24 [Charter

of the United Nations].

228 | UNITED NATIONS LAW, POLITICS, AND PRACTICE

the Soviet Union was expelled for its invasion of Finland. France and

the United Kingdom were the only powerful states that remained in

the Council throughout the League’s existence. However, they were col-

onial powers with doubtful credibility. They lacked the required legit-

imacy to represent weaker nations against strong aggressors. Their

unethical secret pact with Italy after its invasion of Ethiopia only con-

rmed their unsuitability for the role of guardians of peace.

Second, decisions made by the League Council required unan-

imity. It meant that each member of the League Council, includ-

ing non-permanent members, could unilaterally veto any proposed

action. As the Council’s membership gradually increased, it became

more dicult for the Council to reach unanimity.

Third, the Covenant of the League of Nations empowered the

Council to act in cases of aggression only. Actions to pre-empt aggres-

sion or to prevent breaches of peace were not permitted. When aggres-

sion did arise, the Council could only impose economic measures. It

could neither implement military action nor compel or oblige other

states to use force in order to restore international peace.

The founders of the UN learned from past mistakes and decided

to address the League’s aws. First and foremost, the major pow-

ers of the time had together designed the structure of the Security

Council, thereby ensuring that the proposal would be acceptable to

all. Second, only permanent members of the Security Council have a

veto right. Non-permanent members of the Security Council cannot

single-handedly block a resolution of the Security Council. Third, the

Security Council has the authority to deal not only with aggression

but also with a wide range of security problems and threats to inter-

national peace and security. This allows the Security Council to take

preventive measures. Moreover, the Security Council can do more

than merely recommend military action and count on member states

to carry it out. The Security Council is empowered to use force in its

own right. However, the most innovative addition of the UN Charter

was the provision giving the Security Council access to armed forces

so that it could intervene eciently and promptly. Unfortunately, this

proved to be too innovative for the times. Member nations of the UN

did not entrust the organization with its own armed forces.

Chapter 4: The Security Council | 229

A. MEMBERSHIP

It is important to recall that in 1945, the membership of the UN

was not universal. The organization was founded by fty-one states.

Initially, the Security Council consisted of eleven member states, of

which ve were permanent members and the remaining six were

non-permanent members. The eleven members of the Security Coun-

cil represented more than 20 percent of the UN’s initial member-

ship of fty-one states. When decolonization resulted in a signicant

number of admissions into the organization, the Security Council

could no longer claim to adequately represent the world. In fact, most

former colonies were Asian and African states that did not participate

in developing the UN Charter. They were not represented at the San

Francisco conference and, therefore, played no role in determining

the composition of the Security Council. They successfully argued

that the Security Council had to be enlarged to ensure a more equit-

able representation. In 1963, the General Assembly decided to amend

the UN Charter in order to enlarge the membership of the Security

Council from eleven to fteen members as of 31 August 1965.2

Today, the Security Council consists of fteen members. Five of

these member states hold a permanent seat on the Security Coun-

cil. Frequently referred to as the P5, the permanent members of the

Security Council are China, France, Russia, the United Kingdom,

and the United States. The remaining ten states are non-permanent

members of the Security Council. These members are elected by

the General Assembly for a term of two years. Each year, the Gen-

eral Assembly conducts staggered elections for ve seats of the Sec-

urity Council. The elections take place in June, but the terms begin

in January of the following year. A retiring non-permanent member

of the Security Council is not eligible for immediate re-election. In

other words, no country can serve a term exceeding two consecutive

2 Question of equitable representation on the Security Council and the Economic

and Social Council, GA Res 1991 A (XVIII), UNGAOR, 18th Sess, UN Doc A/

Res/1991(XVIII) (1963) 21, enlarging the membership of the Security Council

from eleven to fteen and changing the required majority for its decisions

from seven to nine.