23
The United Nations Security Council: Globalization’s Strength and Weakness John Sampsel November 21, 2020 PS510: Post-Conflict Politics

johnsampsel.files.wordpress.com · Web viewThe United Nations Security Council (UNSC) was established under the charter of the United Nations (UN) when the organization was formed

  • Upload
    others

  • View
    1

  • Download
    0

Embed Size (px)

Citation preview

Page 1: johnsampsel.files.wordpress.com · Web viewThe United Nations Security Council (UNSC) was established under the charter of the United Nations (UN) when the organization was formed

The United Nations Security Council:

Globalization’s Strength and Weakness

John Sampsel

November 21, 2020

PS510: Post-Conflict Politics

Page 2: johnsampsel.files.wordpress.com · Web viewThe United Nations Security Council (UNSC) was established under the charter of the United Nations (UN) when the organization was formed

Abstract

Since the founding of the United Nations Security Council (UNSC) in 1945, it has stood

as the main international body for maintaining peace throughout the world. While it has

successfully ensured no further direct conflicts between the world’s large-scale hegemons, the

UNSC has come under excessive criticism for a failure to act in smaller international conflicts.

With the continued globalization of the world it is worthwhile to reexamine the UNSC to ensure

its charter and mission remain relevant in a sizably smaller international order than existed at its

onset. In order to fully realize the scope of the UNSC it is important to examine its foundation,

early years, most prevalent actors, and conflicts that demonstrate both successes and criticisms.

Following these examinations the ground work should exist to recommend improvements and

realignments in the UNSC structure and charter in order to account for the fact that as the world

continues to grow smaller so too will conflicts become more localized generating a new set of

peacekeeping challenges.

Page 3: johnsampsel.files.wordpress.com · Web viewThe United Nations Security Council (UNSC) was established under the charter of the United Nations (UN) when the organization was formed

Introduction

The United Nations Security Council (UNSC) was established under the charter of the

United Nations (UN) when the organization was formed in 1945. When it was first established

the world was coming off of World War II, a war that spanned the entirety of the globe and saw

over 20 million civilian casualties (Gesner and Stagno Ugarte 2014, 457). In establishing the

UNSC it was expected that it would “maintain international peace and security in accordance

with the principles of the United Nations” (United Nations Security Council 2020). In reading

through the functions and powers of the UNSC it is evident that at its formation the UN sought to

alleviate the fears of another large-scale global conflict. While this is a noble ambition, the lack

of direct conflict between great actors has been replaced by proxy wars and internal humanitarian

crises. Given the metamorphosis the world has had since 1945, it is worthwhile to examine the

UNSC to see if it still holds relevance in today’s conflicts as it currently exists or if fundamental

changes to its structure are essential in maintaining the place of the UNSC in the grander scheme

of global security. In order to achieve this process this paper aims to examine the charter of the

UNSC, examine how the permanent members of the UNSC view its function, analyze key

conflicts to emphasize its successes and failures, and to provide recommendations for how the

UNSC can better function in a globalized world.

Methodology and Literature Review

In determining how to approach this topic it became apparent that simply relying on

scholarly articles would not properly address the UNSC’s overall effectiveness in todays world.

The 21st century is unique to generations before it as the tools exist broadcast opinions and

observances at the tap of a finger. Given that this paper looks to examine the UNSC through the

lens of the present and future, then it would be disingenuous to not also consider perspectives in

Page 4: johnsampsel.files.wordpress.com · Web viewThe United Nations Security Council (UNSC) was established under the charter of the United Nations (UN) when the organization was formed

that same light. In keeping with this concept, the paper will revolve heavily around scholarly

articles pertaining to the UNSC, as well as reference the book The United Nations Security

Council in the Age of Human Rights written by Jared Genser and Bruno Stagno Ugarte. The

UNSC website will be used to provide perspective from the UN and UNSC members

themselves. Beyond these traditional forms of input, applicable news articles and social media

platforms will be utilized to provide the human perspective, something often overlooked in

traditional academic literature.

Scholarly Articles

While there are a bevy of academic journal articles to choose from when examining the

UNSC, this paper has chosen to focus on “Innovating to Restrain the Use of the Veto in the

United Nations Security Council”, written by Sina Alavi and Christian Wenawser, and “Why is

change so slow? Assessing prospects for the United Nations Security Council reform”, written

by Thomas Dorfler and Madeleine O. Hosli. These writings were chosen because of the

credentials of those that wrote them just as much for the substance found within. The

perspectives in these articles come from those with a background in the subject matter that are

also from the continent of Europe. It felt necessary to provide insight from other western nations

that were not necessarily American. This serves provide a counterbalance to the author’s own

perspectives, as well as provide a greater whole for the reader to observe.

Christian Wenawser and Sina Alavi serve as members of Liechtenstein’s representation

to the UN. Wenawser is an ambassador of the country and has been Liechtenstein’s permanent

representative to the UN since 2002. Alvi serves as the senior legal and political advisor of the

Permanent Mission of Liechtenstein to the UN. Their expertise in dealing within the UN is

displayed in their article which manages to make two clear recommendations for improvements

Page 5: johnsampsel.files.wordpress.com · Web viewThe United Nations Security Council (UNSC) was established under the charter of the United Nations (UN) when the organization was formed

to the UNSC’s operations in the span of only eight pages. Their examination focuses on the veto

power in the UNSC specifically, but it falls short of examining whether broader reform of the

council may be in order. Beyond the scope of their duties, Alvi and Wenawser also help to bring

a European perspective to the discussion that is not a European Union (EU) perspective as their

country, while cooperative in many of its programs, are not members of the EU.

Thomas Dorfler and Madeleine O. Hosli are both academics from EU nations. Hosli

serves in the Institute of Security and Global Affairs at Leiden University in the Netherlands.

Dorfler serves in the Social Sciences, Economics, and Business Administration department at the

University of Bamberg in Germany. This article differs from that of Alvi and Wensawer in both

voice and substance. “Why is change so slow? Assessing prospects for United Nations Security

Council reform” is written for an academic audience with at least a tenable grasp on data

analysis. Whereas Alvi and Wensawer took a human approach, however bureaucratic its

undertones may have been, Dorfler and Hosli remain stringently factual in their delivery. Their

work examines the structure of the UNSC while also spending time examining the veto power. It

still, however, falls short of recommending large-scale reform to the UNSC.

The United Nations Security Council in the Age of Human Rights

This book, like the scholarly articles previously addressed, was chosen as much for the

credentials of the authors as for the content of the book itself. Jared Genser is the founder of

Freedom Now and is a lawyer that specializes in human rights. Bruno Stagno Ugarte provides

training for new UNSC members and served as Costa Rica’s Permanent Representative to the

UN from 2002-2006. Stagno Ugarte was also the Foreign Minister of Costa Rica from 2006-

2010. The perspectives of a humanitarian lawyer and career diplomat with intricate knowledge of

the UNSC help to shine light on the UNSC in a way that few others could.

Page 6: johnsampsel.files.wordpress.com · Web viewThe United Nations Security Council (UNSC) was established under the charter of the United Nations (UN) when the organization was formed

The book itself is broken down into five sections, six if including the conclusion, and lays

out a thematic approach to the UNSC in the perspective of human rights. Of particular note is

section five which provides case studies to shore up the perspectives in the previous four

sections. This approach was one that I found interesting, as it provides the feeling of a course in

the UNSC and its interaction with human rights, with the case studies almost feeling like a

practical exercise to apply what you have learned about the UNSC to real world missions. The

book itself will be utilized to both provide insight into the UNSC formation and reference to

successes and short comings.

Websites, News Media, and Social Media

Websites, news media, and social media will be used throughout the paper to provide

perspective on points that are often overlooked in more scholarly works. The UNSC site will be

examined to demonstrate the perspective of the council, especially those of its permanent

members. The news media, and social media, provide the human perspective that is often times

lacking in these papers. The advent of social media has made it so that you can access the

opinions and perspectives of anyone in the world by simply following a hashtag, it would feel

disingenuous then if those perspectives were not made available in this paper. The use of social

media platforms will be especially prevalent when reviewing the UNSC successes and short

comings, as the human security of a local population can generally best be described by that

local population.

Political Analysis

The UNSC, as with any political organization, has established itself under a charter, a set

of rules governing the body to ensure the preservation of the institution as well as the will of its

Page 7: johnsampsel.files.wordpress.com · Web viewThe United Nations Security Council (UNSC) was established under the charter of the United Nations (UN) when the organization was formed

members. When considering the will of its members, it is necessary that the five permanent

members to the UNSC, its veto power members, be held in specific regard. Given their status in

the world order at the time of its founding in 1945, Great Britain, France, the United States,

mainland China, changed from the Republic of China in the original charter, and Russia,

changed from the Union of Soviet Social Republics, were the founding five members of the

council and as such yield significantly greater power than the remaining 10 members of the

UNSC(Dorfler and Hosli 2019, 36). Given that the charter establishes the limits of the UNSC,

and the five original members wield a substantial amount of power, examination of both

instances is necessary to fully understand the politics involved in the UNSC.

UNSC Charter

The UNSC’s role in the greater UN organization is established in Chapter V of the UN

charter, with various degrees of additional responsibility coming in Chapters VI, VII, VIII, and

XII (UN 2020). The most telling position in the charter comes from Article 34 which reads in

part that the role of the UNSC is to “determine whether the continuance of the dispute or

situation is likely to endanger the maintenance of international peace and security” (ibid). This

statement outlines what is widely regarded as the core of the function of the UNSC, to maintain

international peace and security. Incidentally, the role of the term international could be

perceived as the reason that so little action is taken by the council. It is worth noting that many

believe the charter needs to be reformed to “account for the shifting distribution of global power”

(Dorfler and Hosli 2019, 35).

That is not to say that the UNSC has never faced reformation. In December of 1963

Articles 23 and 27 were amended graduating the membership to the council to 15 members and

specifying that “procedural matters shall be made by an affirmative vote of nine members…on

Page 8: johnsampsel.files.wordpress.com · Web viewThe United Nations Security Council (UNSC) was established under the charter of the United Nations (UN) when the organization was formed

all other matters by an affirmative vote of nine members, including the concurring votes of the

five permanent members” (UN 2020). These provisional changes help to demonstrate two key

functions within the UNSC, that it maintains a mechanism to be changed and that it is

established to avoid drastic shifts of power. The change to Article 23 provides one of the clearest

examples that the UNSC is not immune to the fact that the world order has shifted greatly since

the end of World War II. The amendment to Article 27, specifically the maintenance of the

requirement that any action beyond procedural members receive the approval of the five

permanent member states, demonstrates that malleability does not necessarily mean power shifts.

Veto Power

As has been noticed by many, the presence of the veto power is one of the most unique

aspects of the UNSC. This is not to say that veto powers are unique to the UNSC, however when

there are five separate entities, with separate strategic goals, it becomes even more difficult to

reach consensus. Dolfer and Hosli categorize this beyond simply the veto powers stating that “a

steep increase in UN membership that decreases the likelihood of finding a winning coalition”

(2019, 36). Alavi and Wenaweser go further describing the veto powers as having “prevented the

Security Council from exercising its functions with respect to some of the gravest threats to

international peace and security” (2020, 65). These statements taken together paint a picture or

rigid compliance that often hampers the progress of UNSC matters. A quick look into each

nation as they relate the UNSC to the greater international order helps to enlighten where this

disconnect comes from.

France

Page 9: johnsampsel.files.wordpress.com · Web viewThe United Nations Security Council (UNSC) was established under the charter of the United Nations (UN) when the organization was formed

France views its presence on the UNSC as a function of the European Union (EU). This

is best illustrated when examining how France reacted to Germany taking the presidency of the

UNSC on June 1, 2020, stating that they were “happy to be just in the middle of this European

spring” (Fillion 2020). Statements such as these demonstrate France’s willingness to see

international affairs through the rose-colored lenses of the EU.

Great Britain

British statements on the UNSC provide the clearest path forward for UNSC reform. The

United Kingdom Mission to the United Nations states that they seek security and prosperity “by

making the UN more effective and efficient” (2020). While this displays a clear desire for the

UNSC to develop with the world, it is worth noting that in the wake of the Brexit it is yet to be

seen the full extent of power wielded in the international order by the current UK.

China

Chinese position on the international stage has largely been to prefer a noninterventionist

approach. A recent statement from Wang Yi, the current Chinese Foreign Minister, stated that

“unilateral sanctions and long-arm jurisdiction needs to be opposed” (Lederer 2020). On the

outset this appears to make China an ally in UNSC reform, however their ability to deny actions

they deem as overreach with a simple “nay” is likely to provide a deterrence to any large-scale

reform.

Russia

In a statement to the UN General Assembly (UNGA) in September 2020, Russian

president Vladmir Putin stated that the UNSC should make decisions that consist of a consensus

of the broader world while praising the need for the veto power. According to Putin the veto

Page 10: johnsampsel.files.wordpress.com · Web viewThe United Nations Security Council (UNSC) was established under the charter of the United Nations (UN) when the organization was formed

power “helps to prevent unilateral actions that could lead to a direct military confrontation” (UN

2020). While this statement clearly acknowledges the shift in global power dynamics, it also

demonstrates the Russian position of being unwilling to relinquish its veto powers.

United States

In a 2018 address to the UNSC President Donald Trump, on the issue of North Korean

nuclear proliferation, stated that “we must enforce existing U.N. Security Council resolutions”

and then derided unnamed actors for violating these sanctions (White House 2018). This

statement demonstrates the usefulness that is seen in the UNSC by the current US administration.

President Trump was also sure to state multiple incidences of US leadership in the world,

demonstrating an unwillingness to alter tools that allow the US voice to dictate the world order.

Successes and Failures

When considering the efficacy of the UNSC it is important to look to real world actions

to display its true effect. Often when discussing policy adjustment this is the piece that does not

receive its proper weight. After all, what good are governing bodies when they do not appear to

favor those that they govern. Given the global reach of the UNSC, this paper will choose to focus

on its effects in the Sudan and Kosovo. These conflicts represent not only separate continents

and cultures, but they also demonstrate the difference that geo strategic importance plays in

UNSC decisions.

Sudan

The conflicts within the Sudan began decades ago with the process of decolonization in

the African continent. Sudan represents one of the largest demonstrations of inaction by the

UNSC in terms of human interests. With Sudan’s independence in 1956, the UNSC continued to

Page 11: johnsampsel.files.wordpress.com · Web viewThe United Nations Security Council (UNSC) was established under the charter of the United Nations (UN) when the organization was formed

hide behind the ideal of noninterference as a reason to turn a blind eye to human rights suffering

in the country (Genser and Stagno Ugarte 2014, 339). This lack of empathy for the Sudanese

people by the UNSC has been on display throughout the country’s history, notably on display

through the inaction of the UNSC in facilitating the Addis Ababa Accord of 1972 (ibid, 341).

Despite their presence as the world’s actor for disparaging international violence, the UNSC has

remained rather muted on the point of the Sudan. Through their inaction, the UNSC has stood by

as hundreds of thousands of Sudanese lost their lives and livelihoods.

US Department of State 2005

Page 12: johnsampsel.files.wordpress.com · Web viewThe United Nations Security Council (UNSC) was established under the charter of the United Nations (UN) when the organization was formed

While it is worth noting that the passage of UNSC Resolution 1769 in 2007 aimed to quell the

violence in Darfur, the establishment of a UN peacekeeping mission in the area came after

decades of war and implied political gains (Schimmer n.d., 39).

Kosovo

As with the Sudan, the efforts of the UNSC in Kosovo fell short of the task at hand. This

issue was heightened by the fact that it pitted three veto members, the US, Great Britain, and

France, at odds with another veto member, Russia. This inaction by the UNSC led to the military

alliance of NATO stepping in to fill the void left by the council (Genser and Stagno Ugarte 2014,

380). This disengagement by the UNSC left the humanitarian mission in a perilous spot as the

United Nations High Commission for Refugees (UNHCR) found itself in a political nightmare

torn between its association with the UN and its reliance on NATO logistical support to tackle

the abundance of refugees begat by the crisis (ibid, 383).

US Department of State n.d.

Page 13: johnsampsel.files.wordpress.com · Web viewThe United Nations Security Council (UNSC) was established under the charter of the United Nations (UN) when the organization was formed

It is worth noting that out of this tragedy of inaction in Kosovo the UNSC eventually adopted the

Right to Protect, outlining that the absence of human security for a population outweighed the

noninterference protocols put in place at its establishment.

Changes to the System

Whether it be inaction through a disinterest in a region or political dispute between two

or more veto powers, the structure of the UNSC has allowed it to take a back seat to its role of

keeping international peace. It is obvious to most that it is the presence of the veto powers that

allows this disparity in mission and action to continue. The problem of the veto powers has been

documented in multiple studies, to include Alavi and Wenaweser’s 2020 study. In keeping with

the idea that true productive discourse requires examination of ideas from moderate to extreme,

this author would suggest that it is worth looking at how the council would function without the

veto power entirely.

The concept being suggested is not to change the overall structure; in fact, the permanent

membership of the five veto powers and rotational membership of others appears to be the most

effective way of considering international action. This suggestion is that those five permanent

members not have a singular vote dominance over the outcome of the UNSC decisions. There

are risks with this adjustment to the council. It is easy for the rise in populism, coupled with this

change, to lead to the exodus of some of the UN’s biggest funders. However, considering those

same economies still aim for strategic influence in the world, that seems unlikely. The positives

to come from this would be the formation of global alliances to address global concerns.

Conclusion

Page 14: johnsampsel.files.wordpress.com · Web viewThe United Nations Security Council (UNSC) was established under the charter of the United Nations (UN) when the organization was formed

In its initial establishment, the Unrecognized the need to have a governing body mitigate

international conflict. The establishment of the UNSC in its original charter provided the UN

with that body. With special consideration paid to its five permanent members, the UNSC has

taken the term noninterventionism to new heights. Often at the detriment of human security, the

UNSC has avoided international conflicts at nearly all costs. However, as the world, and

conflicts, continue to shrink, it is time that the efficacy of a veto process on the UNSC be

reexamined.

Page 15: johnsampsel.files.wordpress.com · Web viewThe United Nations Security Council (UNSC) was established under the charter of the United Nations (UN) when the organization was formed

References

Alavi, Sina, and Christian Wenaweser. 2020. “Innovating to Restrain the Use of the Veto in the United Nations Security Council.” Case Western Reserve Journal of International Law 52: 65-72. https://eds-a-ebscohost-com.ezproxy.bellevue.edu/eds/detail/detail?vid=5&sid=39479cf1-a300-44ca-bc07-54f5ef672751%40sdc-v-sessmgr01&bdata=JnNpdGU9ZWRzLWxpdmU%3d#AN=143604601&db=bth.

Bureau of Intelligence and Research. 2005. “Sudan: Death Toll.” US Department of State. Published March 25. Accessed November 21, 2020. https://2001-2009.state.gov/s/inr/rls/fs/2005/45105.htm.

Dorfler, Thomas, and Madeline O. Hosli. 2019. “Why is change so slow? Assessing prospects for United Nations Security Council Reform.” Journal of Economic Policy Reform 22.1: 35-50. Doi: 10.1080/17487870.2017.1305903.

Fillion, Stephanie. 2020. “France’s Printemps Europeen on the Security Council.” PassBlue. Published June 1. Accessed November 15, 2020. https://www.passblue.com/2020/06/01/frances-printemps-europeen-on-the-security-council/.

Genser, Jared, and Bruno Stagno Ugarte. 2014. The United Nations Security Council in the Age of Human Rights. New York: Cambridge University Press. EBSCOhost.

Lederer, Edith M. 2020. “At UN, China, Russia and US clash over pandemic responses.” Associated Press. Published September 24. Accessed November 15, 2020. https://apnews.com/article/virus-outbreak-wang-yi-united-states-antonio-guterres-russia-38dc347cba1f35723757d666df118e79.

Schimmer, Russell. N.d. “Tracking the Genocide in Darfur: Population Displacement as Recorded by Remote Sensing.” Yale University. Accessed November 21, 2020. https://gsp.yale.edu/sites/default/files/files/GS36.pdf.

UK Mission to the United Nations (New York). 2020. “Our Mission.” Accessed November 15. https://www.gov.uk/world/uk-mission-to-the-united-nations-new-york.

United Nations. 2020. “Charter of the United Nations.” Accessed November 15. https://www.un.org/en/sections/un-charter/introductory-note/index.html.

United Nations News. 2020. “Forgetting lesson of history ‘short-sighted’, Russia’s Putin says, calls for cooperation to tackle health challenges.” Published September 22. Accessed November 15, 2020. https://news.un.org/en/story/2020/09/1073152.

United Nations Security Council. 2020. “About the Council: Functions and Powers.” Accessed November 8. https://www.un.org/securitycouncil/content/functions-and-powers.

US Department of State. N.d. “Towns and Villages in Kosovo Attacked by Serbs.” Accessed November 21, 2020. https://1997-2001.state.gov/regions/eur/map1.html.

White House. 2018. “Remarks by President Trump at the United Nations Security Council Briefing on Counterproliferation | New York, NY.” Published September 26. Accessed November 15, 2020. https://www.whitehouse.gov/briefings-statements/remarks-