Appraisal of the Security Council as Machinery for the Maintenance of International Peace and Security under the UN Charter

ABSTRACT 

The United Nations which was founded in 1945 after the Second World War reflects humanity’s aspiration for peace; security and progress. Thus, one of the cardinal points of the preamble of the Charter of the United Nations is that members of the organization resolve to pool their resources together to actualize certain objectives. These objectives include inter alia; the practice of tolerance; to live in peace with one another as good neighbours; to bring about an international regime for the maintenance of international peace and security and ensuring that armed force shall not be used except in the common interest. To this end one of the purposes of the United Nations as stated under the Charter is the maintenance of international peace and security. The primary question therefore explored in the dissertation is whether the United Nations as an organization, is capable of maintaining an international peace and security regime by means of a collective security system as outlined under the Charter of the United Nations. This work argued that the collective security system as contemplated under the Charter has been vitiated due to disagreement among the members of the Security Council especially the permanent members of that Council. This attitude has given way to the United Nations peacekeeping mission as an improvised mechanism for confronting threats to international peace and security an unrealistic effort. Secondly, this work attempted to highlight the fact that the notion of threat to international peace and security has under gone a considerable dynamics. Thus, conflict in a state if unabated, together with international terrorism and nuclear proliferation may threaten global peace and security. The result of this study revealed that the success of the collective security system depends on the continuing cooperation and unanimity of the permanent members of the Security Council. In other words, the findings showed that, the United Nations as an organization is capable of realizing global peace and security subject to international cooperation especially among the permanent members of the United Nations Security Council. It is therefore safe to conclude that, the veto power held by the permanent members of the Security Council is not the real problem. The real problem is disagreement among those with the power.

TABLE OF CONTENTS

Title Page - - - - - - - - - - i

Certification - - - - - - - - - - ii

Dedication - - - - - - - - - - iii

Acknowledgements - - - - - - - - - iv

Table of Cases - - - - - - - - - v

Table of Statutes - - - - - - - - - vi

Table of Abbreviations - - - - - - - - - xiii

Table of Contents - - - - - - - - - - xvii

Abstract - - - - - - - - - - - xxi

Chapter 1: GENERAL INTRODUCTION

1.1 Background of the Study - - - - - - 1

1.2 Statement of the Problem - - - - 2

1.3 Research Questions - - - - 3

1.4 Objectives of the Study - - - - - 3

1.5 Significance of the Study - - - - - 4

1.6 Scope of the Study - - - - - - - 4

1.7 Methodology -- - - - - - - 5

1.8 Literature Review - - - - - - - 5

Chapter 2: HISTORY AND STRUCTURE OF THE UNITED NATIONS

2.1 Origin of the United Nations - - - - - 11

2.2 Principal Organs of the United Nations - - - - 15

2.2.1 The General Assembly - - - - - 16

2.2.2 Composition - - - - - - - 16

2.2.3 The General Assembly and International Peace and Security - - - - - - - 17

2.2.4 The Uniting for Peace Resolution - - - - 20

2.3 The Security Council - - - - - - 24

2.3.1 Composition - - - - - - - 24

2.3.2 Functions and Powers of the Security Council - 26

2.3.3 Voting Procedures in the Security Council and the Veto Power - - - - - - - 27

2.3.4 Limitation of the Veto Right: Abstention and Absences - 29

2.4 The Secretariat of the United Nations - - - - 32

2.5 The International Court of Justice - - - - 36

Chapter 3: THE UNITED NATIONS AND PACIFIC SETTLEMENT OF DISPUTES

3.1 Obligations of Parties under the Charter - - - - 38

3.2 Specific Methods of Pacific Settlement of International Disputes under the Charter - - - - - - - 40

3.2.1 Negotiation - - - - - - - 40

3.2.2 Inquiry - - - - - - - 43

3.2.3 Mediation - - - - - - - 46

3.2.4 Conciliation - - - - - - - 50

3.2.5 Arbitration - - - - - - - 54

3.2.6 Judicial Settlement - - - - - - 58

21

3.2.6.1 Contentious Jurisdiction - - - - - 59

3.2.6.2 Advisory Opinions - - - - - - 63

3.2.7 Resort to Regional Agencies or Arrangements - - 65

3.3 The Role of theSecurity Council and Other Organs of the

United Nations - - - - - - 68

Chapter 4: THE UNITED NATIONS AND ENFORCEMENT ACTIONS

4.1 The concept of Collective Security - - - - - 73

4.2 The Power of the Security Council to Make a Determination of

a Situation - - - - - - - 76

4.2.1 Aggression - - - - - - - 79

4.2.2 Breach of the Peace - - - - - - 86

4.2.3 Threat to the Peace - - - - - 89

4.3 Actions by the Security Council - - - - - 92

4.3.1 Recommendations - - - - - - 92

4.3.2 Provisional measures - - - - - 95

4.3.3 Measures Short of Force - - - - - 98

4.3.4 Measures Involving the Use of Force - - - 102

Chapter 5: THE UNITED NATIONS AND PEACEKEEPING

5.1 Understanding Peacekeeping - - - - - 108

5.2 Legal Basis for Peacekeeping - - - - - 116

5.3 Fundamental Principles of Peacekeeping - - - - 119

5.3.1 Consent - - - - - - - 119

5.3.2 Impartiality - - - - - - - 121

5.3.3 Minimum use of Force - - - - - 123

5.4 The United Nations Peacekeeping Operations during the Cold War Era – - - - - - - 125

5.4.1 United Nations Mission in the Congo (ONUC) - - 128

5.4.2 United Nations Peacekeeping Operations since the end of Cold War- - - - - - - - 130

Chapter 6: CHALLENGES TO INTERNATIONAL PEACE AND SECURITY

6.1 Human Rights violations - - - - - - 136

6.1.1 Conceptual Analysis -- - - - - 136

6.1.2 Classification of Human Rights - - - - 139

6.1.3 Human Rights and International Peace and Security - 140

6.2 International Terrorism - - - - - - 144

6.2.1 United Nations Response to International Terrorism - 146

6.2.2 The General Assembly - - - - - 146

6.2.3 The Security Council - - - - - 149

6.3 Nuclear Proliferation and other Weapons of Mass Destruction - 153

Chapter 7: FINDINGS, RECOMMENDATIONS AND CONCLUSION

7.1 Findings - - - - - - - 160

7.2 Recommendations - - - - - - 162

7.3 Conclusion - - - - - - - 164

BIBLIOGRAPHY - - - - - - - - - 166