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This article is written by Riya Vaish of B.B.A. L.L.B. 6th Semester of United University, an intern under Legal Vidhya

Abstract

The Security Council plays a crucial role in international peacekeeping as it was established in the United Nations Charter, by working to ensure global peace and security[1]. Its responsibilities include addressing international disputes, authorizing peacekeeping operations and taking conclusive actions to prevent or resolve conflicts[2]. This article examines the Security Council’s mandate, its legal basis and its strategies for maintaining collective security on a global scale. It takes about the power of the Council under Chapters VI and VII of the UN Charter which authorizes it to mediate disputes, send peacekeeping forces, impose sanctions, and authorize military interventions.

By discussing several case studies this article assesses the effectiveness of the Security Council’s peacekeeping efforts, examining its successes and failures[3]. It discusses issues such as political influence of the veto power held by the permanent members and the approach in the handling of emerging global challenges by the council. Indeed, the study also identifies some weaknesses of the Security Council in terms of its ability to respond to rapidly changing geopolitical situations and the debates on its representation and decision-making.

In brief, the article proposes reforms that should enhance the Security Council’s effectiveness, transparency and inclusiveness. It proposes dealing with the overuse of veto power, improving cooperation with member states and ensuring more equitable representation in the Council. These reforms are important for enhancing the Security Council’s capabilities in handling current peacekeeping issues effectively and creating lasting international stability.

Keywords

Security Council, International Peacekeeping, UN Charter, Global Peace and Security, Peacekeeping Operations, Sanctions, Military Interventions, Veto Power, Permanent Members (P5), Case Studies, Collective Security, Geopolitical Challenges, Representation and Decision-Making, Council Reforms, Transparency, Inclusiveness, Global Challenges, Equitable Representation, International Stability

Introduction

The United Nations Security Council was established in 1945, it is one of the most important institutions that deal with international peace and security because it is mandated by the United Nations Charter[4]. As one of the six main organs of the UN, the Council bears the main responsibility for managing conflicts globally, preventing disputes and encouraging peaceful resolutions. It has 15 members, divided into five permanent members: China, France, Russia, the United Kingdom and the United States have veto power and are powerful in this decision-making[5]. Authority granted by the UNSC gives it the right to approve military interventions, impose sanctions and send peacekeeping missions to address conflicts and stabilize situations.

The Security Council has been an essential component of international peace-keeping efforts for decades; the council intervened in regional conflicts in Africa, the Middle East, and Balkans. As long as peacekeeping has been based on the principle of collective security it has become a necessary instrument for the United Nations in meeting the global challenges that have been brewing over time. It aims to protect civilians, monitor ceasefires and assist in post-conflict reconstruction. However, the success of these operations is often hamstrung by political considerations particularly the influence of the five permanent members. This has been criticized particularly because of their veto power which prevents collective action that is timely and necessary at a time of great urgency.

This research article deals with the role of the UNSC in international peacekeeping, using lenses of legality and operationalism. It analyses the legal basis represented by the UN Charter, above all Chapters VI and VII where both grant the Council authority to intervene in conflicts and permit peacekeeping missions. The case studies applied bring to the floor the successes and failures of the Security Council towards peacekeeping operations throwing challenges such as political influence and its ability to adopt to new and changing circumstances at the world arena.

Definition of International Peacekeeping

International peacekeeping is the deployment of multinational forces and its instrumentalities under the funding of the United Nations to maintain peace in specific conflict zones and to prevent its reoccurrence[6]. The main goals of peacekeeping operations are help to prevent the escalation of conflicts, protect civilians, permit humanitarian aid to reach beneficiaries and support post conflict reconstruction. The aim of peacekeeping missions is to supervise ceasefires, ensure political transitions and lay down the groundwork for long-term stability in regions experiencing violence. Such missions typically comprise military, police and civilian personnel operating under a single command. While the term “peacekeeping” does not appear explicitly in the UN Charter, the practice has evolved over time as an integral tool of the UN’s collective security system.

These tend to take place in circumstances where all diplomatic avenues have been drained or in circumstances where international intruders must step in to maintain peace. UN Security Council mandated peacekeeping missions are generally conducted under chapters VI and VII of the UN charter, although Chapter VIII allows regional organizations to be utilized in the promotion of international peace and security.[7]

Legal Framework of the Security Council in Peacekeeping

The UN Charter is the foundation of legal authority for UN Security Council’s peacekeeping and it draws upon Chapters VI, VII, and VIII. The chapters authorize the Security Council to deal with actual or potential breaches of international peace, to permit the establishment of peacekeeping forces and take enforcement measures, if necessary.

1. Chapter V: The Structure and Functions of the Security Council:

Chapter V describes the make-up, formation and powers of the Security Council composed of 15 members, namely the five permanent members with a veto power; these are China, France, Russia, the United Kingdom and the United States. The chapter clarify how the Security Council makes decisions and provide it the power to make binding decisions for the preservation of peace and security.

2. Chapter VI: Pacific Settlement of Disputes:

Chapter VI talks about the peaceful settlement of disputes. It promotes negotiations, mediation and arbitration as tools for resolving disputes. These disputes are not authorized to lead to any form of force, but such chapter has liberated the Security Council to recommend measures for the resolution of disputes that present a direct threat to international peace and security. Many peace-keeping missions often come under the charter of this chapter since they are shipped to monitor the ceasefires and aid in resolving such disputes peacefully.

3. Chapter VII: Action with Respect to Threats to the Peace:

Chapter VII allows the Security Council greater powers to implement measures to enforce their decisions involving force where peaceful methods under Chapter VI have proved unsuccessful[8]. The council would be liberated to institute sanctions, no-fly zones, authorize military interventions or peacekeeping operations when there exists a threat to, breach of, or act of aggression against peace. This chapter form the main legal authority for the more forceful elements of peacekeeping, such as using military deployments to establish stability in conflict areas.

4. Article VIII: Regional Arrangements: 

Chapter VIII conceive the role of regional organizations in the maintenance of peace. Regional organizations may be authorized by the Security Council to perform action under Chapter VII. The article declares the cooperative engagement between regional organizations such as the African Union or the European Union and the UN towards mitigating conflicts.

5. Article 24: Primary Responsibility of the Security Council:

Article 24 of the UN Charter provides that maintaining international peace and security is the primary responsibility of the Security Council[9]. It also validate the authority of the Council to undertake actions on behalf of the UN member states in issues related to threats of peace, using peacekeeping missions.

6. Article 25: Binding Nature of Security Council Decisions:

Article 25 impose a duty upon all UN member states to abide by and act in accordance with the decisions that the Security Council makes[10]. Therefore, the legality of this would give the council the legal basis to sanction a peacekeeping operation and enforce these mandates, different from other UN organizations that can suggest but not demand compliance.

The Role and Function of the Security Council in Peacekeeping

1. Mandate Authorization and Mission Approval

The UNSC is responsible for approving peacekeeping actions by accepting the demand and objectives and scope of the mission. These include operations such as the United Nations Internal Force in Lebanon (UNIFIL) and the United Nations Mission in South Sudan (UNMISS) which were established by the Council to provide stability in regions affected by conflict.

2. Conflict Assessment and Deployment of Forces

The UNSC is also responsible for determining whether or not a situation is a risk to international peace and security which may out turn in the deployment of peace keeping forces. Impartial and neutral peacekeepers are guided to maintain peace and protect civilians in the conflict areas through the use of force only in self-defence.

3. Imposing Sanctions and Embargoes

The UNSC have powers for application of targeted sanctions including economic measures, travel bans to coercion and arms embargoes to act in accordance with international law. This include the sanctions placed on Iran to deter destabilizing behaviour and on North Korea over its nuclear activities.

4. Conflict Resolution and Mediation

The role of the UNSC is that of a conflict resolver and mediator between countries in conflict. It has participated in the negotiation of peace agreement, this includes South Sudan Peace Agreement and the Dayton Accords that brought an end to the Bosnian War.

5. Legitimization of the Use of Force

The UNSC can approve armed interventions to secure peace by relying on Chapter VII of the UN Charter. The gulf war in 1991 in which Iraq was forced out for invading Kuwait, and the no-fly zone enforcement led by NATO in Libya in 2011 to protect the civilians during the Libyan Civil War.

6. Passing Obligatory Resolutions

UNSC resolutions are legally binding under Article 25 of the UN Charter which defines a framework of peacekeeping operation and makes the member states adhere to the decisions by the Council.

7. Supervising the Global Security Risks

This is a mandate of the UNSC that observes global security risks; these may involve terrorism, proliferation of nuclear arsenals, or regional instabilities. Proactive actions and early interventions would help prevent escalation of conflicts to further ensure long-term global stability.

Challenges in International Peacekeeping

International peacekeeping is a significant activity that is crucial for global stability. Despite this, the effectiveness of international peacekeeping has been significantly constrained by various critical challenges. Such challenges are traced to political, operational, and structural factors, thus making it very hard to adapt to the complexities of modern conflicts.

1. Political Bias and Veto Power

This veto power wielded by the P5 members of the UNSC—China, France, Russia, the United Kingdom, and the United States—results most of the times in inaction, even in the politically charged conflicts such as the political disputes of any geopolitical nature. The conflicting national interests of members of P5 more often create paralysis in deciding as was with the case in the UNSC’s inability to act appropriately for the Syrian Civil War [11]and some other significant war conflicts.

2. Resource Limitation

Most of the time, peacekeeping missions lack the required financial resources, troop contributions, and equipment. Lack of resources reduce the efficiency of missions, late deployment, and ultimately decrease the overall effectiveness of peacekeeping operations.

3. Sovereignty and Intervention

An example of such challenge has been finding a balance between showing respect to state sovereignty and the need for international intervention. Such interventions as Iraq and Libya are raising so much debate on legitimacy and issues of ethics in a situation where a nation’s sovereignty is violated.

4. Complexity of Modern Conflicts

Modern conflicts involve non-state actors, transnational networks, and asymmetric warfare, making traditional peacekeeping models ineffective[12]. These multi-dimensional conflicts require innovative strategies and a more dynamic approach to peacekeeping operations.

5. Accountability and Misconduct

Issues relating to misconduct involving peacekeepers such as allegations of sexual exploitation and abuse have given peacekeeping operations a credibility nightmare. These problems thus call for improved accountability structures as well as effective oversight mechanisms so that UN missions are kept to the highest standard of integrity.

6. Impartiality Concerns

UNSC’s actions are considered biased due to the political and strategic interests of powerful nations. This perception of bias undermines trust among member states and legitimacy of peacekeeping initiatives.

7. Stagnant Reforms

Little has been achieved in attempts to reform the UNSC, such as the demands for expanding permanent membership and limiting veto power. Without reform, the Council cannot adjust to contemporary geopolitical realities, and it cannot be effective in dealing with global challenges.

Case Studies

The analysis of some key case studies shows the success and the limitation of the United Nations Security Council (UNSC) in international peacekeeping. These cases offer a glimpse into the strengths, challenges, and factors that affect its effectiveness.

Success Cases

1. Namibia (1989-1990):[13]

The United Nations Transition Assistance Group was critical in the establishment of Namibia as it eased it smoothly into independence. UNTAG ensured free elections, which in fact assisted in placing a stable form of government for the country besides providing an example of highly successful peace operations in post-transition situations.

2. Liberia (2003-2018):

The United Nations Mission in Liberia assisted to demobilize conflicting sections, protect civilians and set in place democratic governance during a period of civil war. Its efforts were continued year after year towards maintaining peace and stability in order to establish the return to constitutional order of Liberia.

3. Ivory Coast (2004-2017):

The United Nation work in Ivory Coast (also known as Côte d’Ivoire), UNOCI successfully regulated the course of peace after the civil war in the country. It contributed to disqualification and free elections. The intervention of UNOCI highly helped the country towards a peaceful long-term political stability and recovery after the fall of the conflict.

Controversial Interventions

1. Rwanda (1994):[14]

This failure at the hands of the UNSC during the Rwandan Genocide was a pointer to gross inadequacies in the concept of peacekeeping by the UNSC. No competent and early intervention by the UNSC occurred before one of the worst humanitarian catastrophes in history occurred with the sad lesson that such operations need to be faster and more decisive in nature.

2. Bosnia and Herzegovina (1992-1995):[15]

The main criticisms made against the UN Protection Force’s mandate during the Bosnian War were that it could not, in effect solve the complexities of combat.

The massacre at Srebrenica, when thousands were massacred in front of UN peacekeepers reflected several operational and strategic failures.

3. Iraq (2003)[16]

The US-led invasion of Iraq, based on the claim of removing weapons of mass destruction did not receive explicit permission from the UNSC. The very controversial intervention also brought in a lot of issues concerning the legitimacy of unilateral action and the role of the Security Council in terminating unauthorized military operations.

Mixed Outcomes 

1. Sudan and South Sudan (2007-Till Date):[17]

The joint United Nations African Union Hybrid Operation in Darfur (UNAMID) was unable to protect civilians effectively because of political interference and deficiency of resources. The United Nations operation in South Sudan (UNMISS) has been marked of not doing enough to prevent the large-scale violence despite heavy international support.

2. Syria (2011-Present):[18]

The Syrian conflict epitomizes the difficulty of getting a consensus between the permanent members of the UNSC. Prolonged vetoes by the P5 have prevented collective measures by the Council and allowed prolonged violence and humanitarian crises.

Recent Success

1. Lebanon-Israel Border (UNIFIL):[19]

The United Nations Interim Force in Lebanon or UNIFIL has maintained peace on the volatile border between Lebanon and Israel with rather effective efficiency. Monitoring and mediating consistently and minimising escalation has made this one of the best examples of successful peace-keeping in an otherwise fragile region

Reforms and Recommendations

International peacekeeping has huge challenges and it demands for significant reforms for the enhancement of the effectiveness, representation and accountability of the United Nations Security Council (UNSC). The reforms and recommendations in structure and operation must attempt to make it modern in terms of:

1. Enhancing Decision-making:

– Reform of Veto Power: Restrictions on the exercise of veto power, especially when it is used against the gravest crimes of genocide, war crimes and other crimes against humanity would help to break political logjams and expand the responsiveness of the Council[20].

– More Representative Membership: More permanent members from Africa, Latin America, and the Asia-Pacific will make the Council more representative and consistent with contemporary geopolitics.[21]

2. Strengthening Operation Capacity

– Increased Financing and Logistics: There is a need to increase the financial and logistics support provided to peace missions to enable them to deliver timely and effective support. 

– Better Training: More comprehensive training for peacekeepers with respect to new ways of addressing modern conflict and with respect to cultural sensitivity which will enhance positive mission results.

3. Promoting Accountability

– Stricter Oversight: There is a need to have more rigid procedures for investigating allegations of misconduct by peacekeeping personnel to ensure credibility.

– Transparency in Operations: Transparency in decision-making and reporting on the mission can help build trust between member states and the international community.

4. Cooperation with Regional Organizations

– Partnering: Regional bodies, such as the African Union (AU) and the European Union (EU), will be collaborated with to gain access to localized knowledge and assets to enhance peacekeeping capabilities. Leverage the capability of regional organizations to offer tailored and more practical conflict resolution processes.

6. Leaping Forward: Advancing Technology Utilization

– Advancement of Contemporary Tools: Drone, surveillance systems and data analytics would be how the monitoring of conflict, risks assessment and the entire process could be done efficiently.

7. Improvement of Mandate

– Practical Objectives: The mandates to be given to peacekeeping operations must be well defined, attainable and resourceful to implement.

8. Sustainable Funding Mechanisms

Stable Funding: The long-term investment strategy reduces dependence on voluntary contributions and thereby, brings much more stability and predictability for peacekeeping missions.

Conclusion

The United Nations Security Council is the most important institution in international peacekeeping. It acquires a unique mandate that gives it matchless authority in solving global conflicts and maintaining peace. Its functions include the establishment of peacekeeping missions, imposing sanctions and helping in the reconstructing process after conflicts. Even though the council has been successful in stabilizing hotspots and making peace, political influences, resources and complexity of modern-day conflicts usually debilitate the effectiveness of the council.

Primary reforms on the UNSC-urgency to boost the inclusiveness, accountability and operational effectiveness of the council remain a necessity for it to be effective and relevant. Strengthening cooperation with regional organizations, contributing in advanced technologies and executing more transparent and representative decision-making processes are some of the essential steps toward addressing its shortcomings.

As international conflicts become more incorporated and multifaceted, the future of the UNSC in international peacekeeping will rely on its ability to be adaptive and respond with urgency. Through meaningful reforms and sustained cooperation on the international arena, the UNSC should continue a vital role in regarding to maintaining global peace and security.

References

  1. United Nations. (1945). Charter of the United Nations and Statute of the International Court of Justice. Retrieved from https://www.un.org/en/about-us/un-charter
  2. United Nations Peacekeeping. (n.d.). What is Peacekeeping? Retrieved from https://peacekeeping.un.org/en/what-is-peacekeeping
  3. United Nations Security Council. (n.d.). Functions and Powers. Retrieved from https://www.un.org/securitycouncil/content/functions-and-powers
  4. Boutros-Ghali, B. (1992). An Agenda for Peace: Preventive Diplomacy, Peace-making and Peace-keeping. United Nations.
  5. Bellamy, A. J., & Williams, P. D. (2010). Understanding Peacekeeping. Polity Press.
  6. Hultman, L., Kathman, J., & Shannon, M. (2014). Beyond Keeping Peace: United Nations Effectiveness in the Midst of Fighting. American Political Science Review, 108(4), 737–753.
  7. Thakur, R. (2006). The United Nations, Peace and Security: From Collective Security to the Responsibility to Protect. Cambridge University Press.
  8. Doyle, M. W., & Sambanis, N. (2006). Making War and Building Peace: United Nations Peace Operations. Princeton University Press.
  9. Sarooshi, D. (1999). The United Nations and the Development of Collective Security: The Delegation by the UN Security Council of its Chapter VII Powers. Oxford University Press.
  10. Fortna, V. P. (2008). Does Peacekeeping Work? Shaping Belligerents’ Choices after Civil War. Princeton University Press.

[1] U.N. Charter art. 24.

[2] U.N. Charter Ch. VI, VII.

[3] See generally Boutros Boutros-Ghali, An Agenda for Peace: Preventive Diplomacy, Peace-making and Peace-keeping (1992).

[4] U.N. Charter art. 24.

[5] U.N. Charter art. 23, ¶ 1.

[6] See Michael W. Doyle & Nicholas Sambanis, Making War and Building Peace: United Nations Peace Operations 17 (2006). 

[7] U.N. Charter Ch. VI, VII, VIII.

[8] U.N. Charter art. 39, 41–42.

[9]U.N. Charter art. 24, ¶ 1.

[10] U.N. Charter art. 25.

[11] See Lise Morjé Howard, UN Peacekeeping in Civil Wars 223–25 (2008).

[12] See Virginia Page Fortna, Does Peacekeeping Work? Shaping Belligerents’ Choices after Civil War 78–79 (2008).

[13] United Nations Transition Assistance Group (UNTAG) Mission, S.C. Res. 435, U.N. Doc. S/RES/435 (Sept. 29, 1978).

[14] Rwanda Genocide, U.N. Security Council Res. 918, U.N. Doc. S/RES/918 (May 17, 1994).

[15] UN Protection Force (UNPROFOR) in Bosnia, U.N. Security Council Res. 743, U.N. Doc. S/RES/743 (Feb. 21, 1992).

[16] Invasion of Iraq, U.N. Security Council Res. 1441, U.N. Doc. S/RES/1441 (Nov. 8, 2002).

[17]United Nations-African Union Hybrid Operation in Darfur (UNAMID), U.N. Security Council Res. 1769, U.N. Doc. S/RES/1769 (July 31, 2007).

[18] Syria Conflict, U.N. Security Council Res. 2118, U.N. Doc. S/RES/2118 (Sept. 27, 2013).

[19] United Nations Interim Force in Lebanon (UNIFIL), U.N. Security Council Res. 425, U.N. Doc. S/RES/425 (Mar. 19, 1978)

[20] See Thomas G. Weiss et al., The United Nations and Changing World Politics 101–03 (7th ed. 2017).

[21] See Ramesh Thakur, The United Nations, Peace and Security: From Collective Security to the Responsibility to Protect 267 (2006).

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