Volume 04 Issue 02-2024
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(ISSN
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2771-2214)
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ABSTRACT
This article discusses the role of the United Nations Security Council in international security law and the need to
reform the Security Council as the main organ charged with the maintenance of international peace and security. The
author deeply analyzes main issues of reform of the Council and proposals of states in this regard. In particular,
formats of cooperation on reforming the Security Council, such as the Big Four, the Consensus Group, the Annan Plan,
and the African Group will be more widely covered. In the article, the author develops several proposals for the
effective organization of the Council's activities.
KEYWORDS
Security Council, UN Charter, permanent and non-permanent members, veto power, representation.
INTRODUCTION
The United Nations Security Council is the main div of
the international community for peacekeeping and
conflict resolution. Unlike the decisions of the General
Assembly, its decisions (called resolutions) are binding
on all member states. This means that it has wide-
ranging powers and, if necessary, can take actions such
as imposing sanctions that impinge on state
sovereignty. It is necessary for the Security Council to
have these powers listed in Chapter VII of the UN
Charter. The Security Council is a central part of
international security law. The Council must have the
necessary authority and legitimacy so that its
resolutions are respected and implemented by all
countries. This means that the organ should be
represented. Today, at a time when the realities of the
world community are undergoing deep changes, the
legitimacy, effectiveness and representativeness of
the Security Council are under question.
In addition to the geographically balanced distribution
of non-permanent members, the United Nations
Charter clearly states that states are elected based on
their participation in maintaining international peace
and security and achieving other goals of the
Research Article
PROBLEMS OF UN SECURITY COUNCIL REFORM AND ITS LEGITIMACY
Submission Date:
February 13, 2024,
Accepted Date:
February 18, 2024,
Published Date:
February 23, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue02-12
Rakhmetov Alibek Rakhmatullaevich
Assistant Attorney At The Law Firm “Cole, Scott & Kissane”
, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 02-2024
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International Journal Of Law And Criminology
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VOLUME
04
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P
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66-72
SJIF
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FACTOR
(2021:
5.
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(2022:
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(2023:
6.
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)
OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
Organization (Article 23 of the UN Charter). The
current composition of the Security Council reflects the
geopolitical situation in 1945, configuration of global
power at the end of World War II and its expansion
according to the 1963’s amendment to the
Charter
(which entered into force in 1965) on increasing the
number of non-permanent members to 10, however it
did not significantly change the organ’s activity. Given
that the current composition of the Council was
formed in 1945 and since then 142 new countries have
joined the United Nations, this Council cannot be
representative of today's world security system of
more than 200 countries.
The need to reform the organization was previously
expressed by some scientists in the early 90s of the last
century after the end of the Cold War (J.Morris[1],
M.Baccarini[2], E.Martini[3]), other scientists (N.
Mustafayeva[4]) emphasize that this topic has become
especially relevant at the beginning of the new
millennium. In fact, the push for reform began about a
decade after the organization's founding, when minor
amendments to decision-making (Article 27 of the UN
Charter) and membership (Article 23 of the Charter) of
1965 reduced the power of five permanent members.
Although it reduced to a certain extent, their legal
authority to determine the world order remained
almost unchanged[5]. It is clear that in the current,
extremely difficult international situation, the main
attention in this process should be focused on the
reform of the UN Security Council as the main div
responsible for maintaining international peace and
security.
As another factor to confirm the need for reform, it can
be shown that the adoption of consensus decisions by
the Council is complicated by the intensified
geopolitical conflicts between the five permanent
members of the Security Council (Russia, Great Britain,
China, USA, France). According to Russian scientist
V.Y.Sergeyev, these reforms primarily concern their
national interests (conflicts in Syria, Ukraine, Libya,
Myanmar, Yemen, Palestine) and mass casualties of
civilians and humanitarian disasters (mass migration,
epidemics, natural disasters)[6].
A catalyst for the debate on council reform is the use
of veto power by permanent members, which has
become significantly more frequent in recent years.
Enlarging the size of the Council (increasing regional
representation or intruding new states to permanent
member category) and the Council’s decision
-making
process (the question of veto) are most disputed.
The issue of reforming the United Nations Security
Council has been discussed for more than 20 years. In
the United Nations Secretary General Report on “Our
Common Agenda” the topic is included with three
main aspects[7]:
1) Expanding the composition of the Security Council;
2) working methods used by the Security Council in its
activities;
3) Mechanism of implementation of Security Council
decisions.
It can be seen that the first issue is the most
controversial of them within the framework of the
discussion of reforms in the UN.
In order to develop the best option for Security Council
reform, an Open Working Group was established by
the General Assembly on 3 December 1993 to consider
all aspects of Security Council membership and other
issues related to the Security Council. This group
became known as the "never-ending task force"
because of how long it took to reach an agreement.
Today, representatives of more than 100 UN member
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Oscar Publishing Services
Servi
states, including 5 permanent members of the Security
Council, participate in the work of the Working Group.
At the annual sessions of the General Assembly, the
Group reports on the progress of its activity. The
reports are of particular interest because they allow
identifying the most pressing issues of states' positions
with the Security Council, as well as on the reform of
this Council.
Over the past years, the composition of the Council,
the number of new permanent and/or non-permanent
seats, new categories of membership, the distribution
of the seats by geographical or financial contribution
and many other issues have been discussed. They also
include the majority of votes required in the event of
an expansion of the Council, the veto power of current
permanent members and the possible new permanent
members.
The open working group was divided into 2 groups. The
first group concerns the number of members and
issues related to membership (UN Security Council
enlargement: determining which categories are to be
enlarged (non-permanent and permanent, including
issues of privileges, powers and enlargement); making
decisions, including maintaining, limiting or revoking
the veto; periodic review of the expansion of the
Security Council). And the second group concerns the
issues of the working methods of the Council and its
transparency (improving the transparency and
working methods of the UN Security Council; the
participation of non-permanent members in the
activity of the UN Security Council; the relationship
between the UN Security Council and the General
Assembly and other organs). But the common position
in both groups was that it is desirable to increase the
number of seats for non-permanent members[8].
In general, the enlargement of the Security Council
involves complex issues. Although the number of the
Member States has increased with the amendment of
1965, the size only involved the elected seats rather
than permanent members. Africa (54 members, 0
permanent seat), Asia (54 members, 1 permanent seat)
and Latin America and Caribbean States (33 members,
0 permanent seats) remain underrepresented [9],
while conflicts in these regions take up more than 50
percent of the council’s gatherings. When it comes to
non-permanent seats, more than 50 UN member states
have not yet served on the council [10].
Finding suitable candidates for regional representation
is the main problem. For example, according to the
Freedom House non-governmental organization, only
five of the candidate states are listed as fully free
(Brazil, South Africa, Japan, Poland, and Germany) in
the democracy rating[11]. Looking at the Human
Freedom Index, Brazil and South Africa are slightly
above average[12]. In this regard, India is the most
likely candidate for permanent membership, but China
and India are rivals with an ongoing border dispute.
Russia does not support the inclusion of Western
members, opposes the inclusion of Japan or Germany,
while the United Kingdom, France and the United
States oppose the membership of countries with weak
human rights protection or democracy.
In September 2008, with General Assembly Resolution
№ 62/557, member states
agreed to move the fifteen-
year deadlock on Security Council reform from the
Open
Working
Group
to
Intergovernmental
Negotiations in an informal plenary session. According
to Ambassador Zahir Tanin, Permanent Representative
of Afghanistan to the UN and Chairman of
Intergovernmental Negotiations, the purpose of this
change in the scope of negotiations was to bring the
process closer to a form that could lead to a decision
on this issue.
Volume 04 Issue 02-2024
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(2023:
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Publisher:
Oscar Publishing Services
Servi
Analysis of the activity of the Council shows that in its
reform, special attention should be paid to 5 main
issues, including: membership categories, regional
representation, relations between the Security Council
and the General Assembly, veto rights and working
methods[13]. Every member state recognizes the need
for the Security Council to be more representative and
accountable, and every member sees the current
situation as an anachronistic legacy of the post-World
War II order, but there is no reached consensus among
different factions on how to shape the Council. Many
factions such as G4, Group for Consensus, Annan Plan,
African Group have divergent positions on the means
of reform.
The majority of UN members support the reform of the
Security Council, including the expansion of both its
categories (permanent and non-permanent seats). By
1992, Japan and Germany had become the second and
third largest contributors to the United Nations,
respectively, and began demanding a permanent seat.
Brazil (the fifth largest country by area) and India (the
first country by population) also saw themselves as
permanent members, as the most powerful countries
in their respective regional groupings. This group of
four countries formed an interest group later known as
the G4. The Group of Four (G4), consisting of Brazil,
Germany, India and Japan, called for the creation of
new permanent seats to be chosen from among the
most economically powerful and influential countries
of the international community. Their main argument
for expanding to the category of permanent members
is that the new centers of power should be more fully
represented in the main div responsible for
international peace and security.
On the other hand, their regional rivals opposed
permanent membership of the G4 with veto power.
They were in favor of expanding the category of non-
permanent seats with members elected on a regional
basis. Italy, Pakistan, Mexico and Egypt began to form
an interest group known as the "Coffee Club" or later
"United for Consensus" (UfC). On July 26, 2005, under
the leadership of Italy, Italy, Pakistan, Argentina,
Canada and Colombia proposed to the General
Assembly the composition of the Security Council,
which retained five permanent members, but
increased the number of non-permanent members to
20. In May 2011 in Rome, 120 UN member states
participated in the Consensus Unification Meeting[14].
Along with the UfC countries, Italy also opposed the G4
proposal and strongly objected to Germany and Japan
joining the UN Security Council as permanent
members. Italy emphasized its position that the
admission of the two countries that were defeated in
the Second World War is a discriminatory step against
other countries that were defeated in the war. Italy and
Spain have expressed their concern that their status is
expected to decrease due to the possible expansion of
the Council at the expense of Germany and Japan.
Canada, on the other hand, advocates not only
reducing the number of permanent members, but also
supporting
their
replacement
with
regional
organizations[15].
At the same time, the African group began to demand
two permanent seats for themselves due to historical
injustice and the fact that most of the main issues on
the council's agenda are concentrated on this
continent. These two seats were to be permanent
African seats to be awarded on a rotating basis among
African countries selected by the African Group.
On March 21, 2005, then-UN Secretary General Kofi
Annan called for consensus on expanding the UN
Security Council to 24 members (a plan called "Greater
Freedom"). He proposed two alternatives to
implement this plan, including:
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Publisher:
Oscar Publishing Services
Servi
1) Plan A provides for the creation of six new
permanent members as well as three new non-
permanent members for a total of 24 seats on the
board.
2) Plan B provides for the creation of a new category of
members who serve for four years with the condition
of renewal and the allocation of eight seats to them, as
well as the creation of one additional non-permanent
seat, for a total of 24 members.
Existing permanent members, each with veto power,
announced their positions on Security Council reform.
The United States supported the permanent
membership of Japan and India and the addition of a
small number of additional non-permanent members.
The UK and France largely supported the G4 position,
favoring the expansion of permanent and non-
permanent
membership
and
the
permanent
membership of Germany, Brazil, India and Japan, as
well as more African representation in the council.
China has supported stronger representation from
developing countries, including India. Russia also
approved
India's
candidacy
for
permanent
membership of the Security Council.
According to N. Mustafayeva, a professor of
international law at the Moscow State Institute of
International Relations, the rule of law should be of
great importance in the establishment of the activity of
the Council, and the efforts in this regard should
include the mechanisms of justice. She suggests that it
also include efforts to establish peaceful conflict
resolution mechanisms. In support of this opinion, we
also believe that the Council should have more
opportunities to use the mechanisms of criminal justice
while taking measures to maintain international peace
and security and serve as a guarantee of the
inevitability of punishment for international crimes. We
believe it is necessary. In particular, when domestic
institutions are unwilling or unable to prosecute
perpetrators of international crimes, the Council
should consider appropriate coercive measures,
including referral to the International Criminal Court
under the Rome Statute, as well as cooperation in
prosecuting perpetrators. Especially currently in the
issues related to the crime of ecocide, the Security
Council should play a decisive role in determining the
jurisdiction of the International Criminal Court[16].
In addition, the Council should be limited to using its
emergency powers for emergency purposes. The
exercise of such powers should be time-limited and
subject to periodic review. The Council should, as a
rule, allow the participation of affected States as
parties to the conflict (for example, although not
members of the Security Council under Articles 31 and
32 of the UN Charter) and, where possible, individuals.
In order to prevent conflicts and to stabilize the post-
conflict environment, the Security Council should strive
to strengthen cooperation with regional structures
and organizations (ASEAN, SCO, NATO) that can
support the legal order at the regional level. Measures
for the maintenance of international peace and
security and the involvement of regional structures or
agencies in the peaceful resolution of disputes and
further expansion of cooperation with them, which are
contained in Chapter VIII of the UN Charter (Articles 52-
54), are another part of the reforms of this div.
should be rotated.
Summarizing the results of the above analysis, we can
say that today's Security Council is not in harmony with
current realities, especially the Council's composition
and decision-making processes need to be reformed.
In this regard, every member state recognizes the need
for a more broadly representative and accountable
Security Council, and every member sees the current
situation as a continuation of the post-World War II
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order, but what a reformed new Council should look
like. There is no single opinion. The right of veto of
permanent members is contrary to the principle of
sovereign equality of states in international law. The
effectiveness of the Council's activity is decreasing
year by year, which causes mistrust of the Council and
disrespect for its decisions. The main reason for this is
that it is power-based rather than rule-based.
We believe that the solidarity of states plays a special
role in order to ensure the effectiveness of the div's
work, to increase the sense of trust among the states
in relation to the council, and to play the role of a fair
defender of the world legal order. The UN General
Assembly is an appropriate platform for agreeing on
the appropriate format of reforms.
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(2022:
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(2023:
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Publisher:
Oscar Publishing Services
Servi
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