Chapter V of the United Nations Charter
Encyclopedia
Chapter V of the United Nations Charter
contains provisions establishing the United Nations Security Council
.
Article 23 establishes the composition of the Security Council, with five permanent members (the Republic of China
, France
, the Soviet Union
, the United Kingdom
, and the United States
) and 10 non-permanent members elected by the General Assembly
. The non-permanent members serve two year terms and cannot be immediately re-elected. In the selection process for these non-permanent members, the treaty calls for "due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical distribution."
Article 24 gives the Security Council "primary responsibility for the maintenance of international peace and security" and requires the Security Council to act in accordance with the UN's purposes and principles
.
Article 25 requires members to "accept and carry out the decisions of the Security Council," a mandate that does not apply with respect to the decisions of any other UN body, with the exception of the World Court's
decisions once a country has accepted its jurisdiction
.
Article 26 reflects a pro-disarmament
sentiment:
Nonetheless, the language employed here is considerably softer than that of Article 8 of the Covenant of the League of Nations
, which stated:
The Security Council made its first real effort on disarmament in June 1968 when it adopted Resolution 255, which contained assurances for non-nuclear weapon states. Some observers believe that today, the UNSC is not fulfilling its mandate under Article 26.
and has prevented the UNSC from authorizing military action on many occasions, including the Iraq War. It was also used by the U.S. to block re-appointment of UN Secretary-General Boutros Boutros-Ghali
. There has been much debate on the veto. Some have interpreted its purpose as being primarily to prevent military action being taken against any member of the P-5; these observers therefore favor limiting the veto to that purpose and not using it for questions such as nomination of a UN Secretary-General.
United Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
contains provisions establishing the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
.
Article 23 establishes the composition of the Security Council, with five permanent members (the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
, the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
) and 10 non-permanent members elected by the General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
. The non-permanent members serve two year terms and cannot be immediately re-elected. In the selection process for these non-permanent members, the treaty calls for "due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical distribution."
Article 24 gives the Security Council "primary responsibility for the maintenance of international peace and security" and requires the Security Council to act in accordance with the UN's purposes and principles
Chapter I of the United Nations Charter
Chapter I of the United Nations Charter lays out the purposes and principles of the United Nations organization. These principles include the equality and self-determination of nations and the obligation of member countries to obey the Charter, to cooperate with the UN Security Council and to use...
.
Article 25 requires members to "accept and carry out the decisions of the Security Council," a mandate that does not apply with respect to the decisions of any other UN body, with the exception of the World Court's
World Court
* any of the international courts located in The Hague:**the International Court of Justice , a UN court that settles disputes between nations...
decisions once a country has accepted its jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
.
Article 26 reflects a pro-disarmament
Disarmament
Disarmament is the act of reducing, limiting, or abolishing weapons. Disarmament generally refers to a country's military or specific type of weaponry. Disarmament is often taken to mean total elimination of weapons of mass destruction, such as nuclear arms...
sentiment:
- In order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world's human and economic resources, the Security Council shall be responsible for formulating, with the assistance of the Military Staff CommitteeMilitary Staff CommitteeThe Military Staff Committee is the United Nations Security Council subsidiary body whose role, as defined by the United Nations Charter, is to plan UN military operations and assist in the regulation of armaments....
referred to in Article 47, plans to be submitted to the Members of the United Nations for the establishment of a system for the regulation of armaments.
Nonetheless, the language employed here is considerably softer than that of Article 8 of the Covenant of the League of Nations
Covenant of the League of Nations
-Creation:Early drafts for a possible League of Nations began even before the end of the First World War. A London-based study group led by James Bryce and G. Lowes Dickinson made proposals adopted by the British League of Nations Society, founded in 1915. Another group in the United States—which...
, which stated:
- The Members of the League agree that the manufacture by private enterprise of munitions and implements of war is open to grave objections. The Council shall advise how the evil effects attendant upon such manufacture can be prevented, due regard being had to the necessities of those Members of the League which are not able to manufacture the munitions and implements of war necessary for their safety.
The Security Council made its first real effort on disarmament in June 1968 when it adopted Resolution 255, which contained assurances for non-nuclear weapon states. Some observers believe that today, the UNSC is not fulfilling its mandate under Article 26.
Article 27
Article specifies the UNSC's voting procedures. Nine of fifteen members, including all five permanent members, must concur in order for the UNSC to act on a non-procedural measure. The requirement of the P-5's unanimous assent establishes the famous "great power veto," which deadlocked the UNSC throughout most of the Cold WarCold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...
and has prevented the UNSC from authorizing military action on many occasions, including the Iraq War. It was also used by the U.S. to block re-appointment of UN Secretary-General Boutros Boutros-Ghali
Boutros Boutros-Ghali
Boutros Boutros-Ghali is an Egyptian politician and diplomat who was the sixth Secretary-General of the United Nations from January 1992 to December 1996...
. There has been much debate on the veto. Some have interpreted its purpose as being primarily to prevent military action being taken against any member of the P-5; these observers therefore favor limiting the veto to that purpose and not using it for questions such as nomination of a UN Secretary-General.