Cyber Clash with China (UNSC)

The UN Security Council

The Security Council is tasked with identifying and addressing threats to international security. In addition, it makes recommendations to the General Assembly for the appointment of the secretary-general and the admission of new members to the United Nations. Security Council decisions are communicated through resolutions. These are formal texts that outline steps to be taken and the reasoning behind those steps. In the absence of agreement, the body could also issue presidential statements. Presidential statements are similar in content and form to a formal resolution but do not legally bind member states.

Structure

Membership

The United States, China, France, Russia, and the United Kingdom make up the permanent members of the council. The remaining ten members are elected by the General Assembly to serve two-year terms. In electing nonpermanent council members, the General Assembly considers two factors. It must consider the “contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization.” This stipulation means that aggressive, norm-defying countries tend not to be elected to the council and that countries that contribute significantly to the United Nations (financially or in the form of personnel and equipment) appear more frequently. Second, nonpermanent members must reflect an equitable geographic distribution, meaning members must be elected from each of the major regions of the world.

Presidency

The Security Council presidency is held on a rotating basis by both permanent and nonpermanent member states. The position rotates in English alphabetical order by country name, each country holding office for one month. The president presides over meetings and serves as the Security Council’s representative before all other UN organizations. However, the UN secretary-general, not the Security Council president, sets the agenda for council meetings. The president simply approves this agenda.

Subsidiary Organs

Various subsidiary organs exist to support the Security Council’s mission and implement its resolutions. These range from committees on sanctions, counterterrorism, and nonproliferation to international criminal tribunals that prosecute those responsible for genocide and war crimes. The council also maintains partnerships or close relationships with a variety of other elements in the UN system, such as the Department of Peacekeeping Operations, and the International Court of Justice.

Proceedings

Meetings of the Security Council are typically called when a state—even a nonmember (one of the two observer states at the United Nations or other states whose sovereignty is disputed)—brings a dispute to the Security Council’s attention. Meetings of the Security Council can also be called when the General Assembly refers a question to the council, or when the secretary-general raises a concern about international peace and security. Once the president decides that a meeting is necessary, they call for a session to address the issue.

Both UN members and nonmembers—the latter if they are parties to a dispute being considered by the Security Council—are invited to participate, though nonmembers do not have a vote in the council’s discussions. If a Security Council member is party to the dispute being discussed, it must abstain (in other words, formally refrain) from voting.

Both Security Council members and invited participants can introduce a draft of a resolution—a ruling or recommendation made by a UN body—expressing a Security Council decision. After debating proposals, any member can call for a vote. A resolution needs nine votes to pass. A dissenting vote from any of the five permanent Security Council members can defeat a resolution, no matter how many affirmative votes it receives. This powerful dissenting vote is known as the veto. Permanent members can use their veto for any reason. Typically, they do so to stop resolutions that threaten their national interests. Security Council members can also abstain from voting. In any case, a resolution passes as long as it receives nine votes and no permanent member exercises a veto. Permanent members sometimes abstain from a vote if they disagree with a resolution but are not sufficiently opposed to veto it.

Powers, Functions, and Tools

If a resolution passes, the Security Council has several powers that it can use to ensure that resolution’s implementation. Certain Security Council resolutions are considered legally binding on all UN member states. This means that countries are obligated to comply with the terms of the resolution. This power sets the Security Council apart from other UN organs, which are empowered only to issue recommendations.

The United Nations’ founding document, the UN Charter, lays out the tools the Security Council can use to execute its work. These are established in Chapter VI and Chapter VII of the charter. Under Chapter VI, the council can only make recommendations of how parties should resolve a dispute. Under Chapter VII, the council can use more forceful methods. Generally, resolutions under Chapter VII are considered legally binding.

Chapter VI: Peaceful Settlement of Disputes

Chapter VI allows the Security Council to seek solutions to disputes by “negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means.”

Actions taken under Chapter VI include

  • referring legal disputes to the International Court of Justice,
  • recommending terms for the settlement of conflicts,
  • facilitating dispute resolution through a formal arbitration, and
  • launching peacekeeping missions.

The recommendations made under Chapter VI are just that—recommendations. They cannot be imposed on the parties concerned without their consent.

Peacekeeping missions can fall under Chapter VI or Chapter VII. In the case of Chapter VI missions, forces are deployed to help maintain a peace agreement, cease-fire, or other such arrangement that has already taken hold between warring parties. Peacekeeping missions under Chapter VI can include unarmed observers, lightly armed troops, or both. Their goal is to prevent new outbreaks of conflict and peacefully resolve disputes that arise. UN personnel tend to be stationed along a boundary line and their role is usually to report infractions of peace agreements rather than to intervene. Chapter VI peacekeeping missions require the consent (or agreement) of the parties involved in the conflict, are considered impartial, and do not use force except in self-defense.

Chapter VII: Maintaining or Enforcing Peace

Chapter VII addresses “action with respect to threats to the peace, breaches of the peace, and acts of aggression.”

Actions taken under Chapter VII include

  • severing diplomatic relations;
  • imposing economic sanctions, travel bans, and financial or diplomatic restrictions;
  • creating international tribunals, such as those for Rwanda and the former Yugoslavia;
  • establishing or modifying peace enforcement or peace-building missions; and

calling for military intervention, either by multinational forces (organized, e.g., by the North Atlantic Treaty Organization [NATO]) or by regional organizations (such as the African Union).

Unlike Security Council resolutions issued under Chapter VI, those adopted under Chapter VII are binding. Two examples of Chapter VII resolutions are Resolution 1695, which in 2006 imposed sanctions on North Korea for its nuclear program. Likewise, resolution 1973 in 2011 established the legal basis for military intervention in the Libyan civil war.

One of the most frequently used tools under Chapter VII is the imposition of sanctions. Sanctions are restrictions on a country, organization, or individual, typically limiting the target’s ability to travel, trade, or access financial resources. They can be used to discourage certain future actions, such as building nuclear weapons, to pressure a party to act, or to punish it for violating international rules. Sanctions can target entire sectors of a country’s economy. Generally,  the Security Council pursues targeted sanctions—sometimes called smart sanctions—against certain industries, businesses, or individuals. These can include arms embargoes, travel restrictions, or financial asset freezes.

Sanctions have become a popular tool because they offer a way to intervene in an issue without the risks and costs associated with using military force. However, sanctions have raised some concerns as well. Critics have argued that even highly targeted sanctions can have unintended consequences, especially on already vulnerable populations. Furthermore, the Security Council lacks a concrete method of enforcing its sanctions. Instead, it must rely on individual countries to enact them. If sanctions are weakly enforced, the target could possibly work around them, avoiding their effects and potentially discrediting the value of sanctions in the future.

If nonmilitary options, such as sanctions, fail to resolve a dispute, the Security Council can authorize a peace enforcement mission. Unlike Chapter VI peacekeeping missions, Chapter VII enforcement missions do not require the consent of the parties involved. Chapter VII enforcement missions are authorized to “take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security.” The personnel involved can include heavily armed troops and can use force in situations other than self-defense. Chapter VII peace enforcement missions can take different forms. Sometimes they are undertaken by UN peacekeeping forces and operate under UN command. In other instances they can be led by a coalition of member states authorized to do so by a Security Council resolution.

The line between Chapter VI and Chapter VII missions is not always clear. A Security Council resolution does not need to explicitly refer to the chapter it is invoking.  A mission’s mandate—or description of its mission—can change over time to adjust to changing circumstances; a mission established under Chapter VI can be expanded to also fall under Chapter VII if the situation evolves and requires a more robust intervention.