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					SECURITY COUNCIL


  By:

  DR. Makarim Wibisono

  Sekdilu 35
  Pusdiklat, Kementerian Luar Negeri R.I.
  3-4 Mei 2010.
   Balance of power politics :
 Peace was a by product of international
 equilibrium:
 Measures:
   -  secret treaties
   - competing alliances
    - arms races
      Collective security:

 It is based on the creed voiced by Alexander Dumas’s
 d’Artagnan and his fellow Musketeers: “ One for all
 and all for one.”

 The key to its success is universal participation


 To deter war, a potential aggressor would need to be
 faced by the united opposition of the entire
 international community.
1. All threats to peace must be a common
   concern to everyone.
2. Every member of the state system should join
   the collective security organization.
3. Members of the organizations would pledge to
   settle their disputes through pacific means.
4. If a breach of the peace occurs, the
   organization will apply timely, robust
   sanctions to punish the aggressor.
THE U. N. : “TO PROMOTE INTERNATIONAL
PEACE AND SECURITY”

 Art. 1 directed the organization to take
  “effective collective measures for the
  prevention and removal of threats to the
  peace.”
 In Art. 2, all members were called upon to
  “refrain in their international relations from
  the threats or use of force” (p. 4) and “settle
  their international dispute by peaceful
  means.” (p. 3)
 The SC was designed to be the only
  security action agency of the U.N.

 One-third   relates to the Security Council

 Itwas to be the most important organ of
  the U.N.
“ In order to ensure prompt and effective
  action by the U.N., its Members confer on the
  Security Council primary responsibility for the
  maintenance of international peace and
  security, and agree that in carrying out its
  duties under this responsibility the Security
  Council acts on their behalf.”
SC powers in the discharge of
     this responsibility :
 • Chapter   VI

 • Chapter   VII

 • Chapter   VIII

 • Chapter   XII
If parties to a dispute fail to exhaust the
procedures for pacific settlement, the SC
may then call upon them “ to seek a
solution by negotiation, inquiry,
mediation, conciliation, arbitration,
judicial settlement, resort to regional
agencies or arrangements, or other
peaceful mean of their own choice.”
The Council may also ask the members
of the UN to apply such measures as “
complete or partial interruption of
economic relations and of rail, sea,
air, postal, telegraphic, radio, and
other means of communication, and
the severance of diplomatic
relations.”
      POSSIBLE USE OF
      MILITARY FORCE:
   The Council may even “take such action by
    air, sea or land forces as may be
    necessary” using the “armed forces,
    assistance, and facilities” that UN member
    states are pledged to provide.
1. The Military Staff Committee (art. 47)

2. The Commission on Conventional
   Armaments

3. The International Atomic Energy Agency
 “There shall be established a Military
 Staff Committee to advise and assist the
 SC on all questions relating to the SC’s
 military requirements for the
 maintenance of international peace and
 security, the employment and command
 of forces placed at its disposal, the
 regulation of armaments, and possible
 disarmament.”
Strategic responsibilities:
The Council exercise “all functions of the
UN relating to strategic areas,” and has
other responsibilities in connection with the
international trusteeship system established
under chapter XII of the charter
          Voting rule of the SC
 Article 27 embodies veto formula (Yalta Conf.):

1. Each member of the SC shall have one vote

2. Decision of the SC on procedural matters shall be made by
  an affirmative vote of nine members

3. Decisions of the SC on all other matters shall be made by
  an affirmative vote of nine members including the
  concurring votes of the permanent members; provided that,
  in decisions under ch. VI, and under p. 3 of article 52, a
  party to a dispute shall abstain from voting.”
PROF. GRAYSON KIRK :
“ Open as it is, on theoretical democratic grounds, to
  serious objection, this SC voting arrangement rests
  upon 2 basis assumptions to which the sponsoring
  powers attached great importance. The first was that
  in any enforcement action the permanent Members
  of the SC would be those whose forces must
  necessarily bear the predominant burden. In
  consequence , it would be unrealistic to expect this
  SC members.”
CONTINUATION

 “ The other argument was that the organization
 must depend for its strength upon the essential
 solidarity of the great powers. If this solidarity
 fails, then the security enforcement
 arrangements will as surely fail.”
Prof. Norman J. Padelford:
Six categories of Veto:

  1. to defeat a weak motion when a stronger resolution was
    wanted. (S-L)
  2. to block motions contemplating reference of matters …to
    the GA (G)
  3. to protect satellite states against investigation or charges by
    other powers.
  4. to prevent appointment of a committee.
  5. to prevent admissions of new states to the UN
  6. to block resolutions to determine whether a decision was to
    be considered as a procedural or substantive one.
It provide that the Council shall be “
so organized as to be able to function
continuously.”
The SC authority is qualified by:


  1. Article 51

  2. Article 52

  3. Article 53

  4. Article 54
   “Nothing in the present Charter shall impair
    the inherent right of individual or collective
    self-defence if an armed attack occurs
    against a Member of the UN, until the SC has
    taken measures necessary to maintain
    international peace and security.”…
“Nothing in the present Charter precludes the
 existence of regional arrangements or
 agencies for dealing with such matters
 relating to the maintenance of international
 peace and security as are appropriate for
 regional action, provided that such
 arrangements or agencies and their activities
 are consistent with the Purposes and
 Principles of the United Nations.”
              Article 53
• “The SC shall …utilize such regional
  arrangements or agencies for
  enforcement action under its authority.
  But no enforcement action shall be taken
  under regional arrangements or by
  regional agencies without the
  authorization of the SC, with the
  exception of measures against any
  enemy state …”
          ARTICLE 54
The Security Council shall at all times be kept
fully informed of activities undertaken or in
contemplation under regional arrangements or
by regional agencies for the maintenance of
international peace and security.”
M. Gutierrez, a Cuban delegate:
 “the UN …is to be justified, uniquely and solely, in the
  achievement of those aims… The Charter provides the
  procedures and means whereby it is possible to fulfill such
  aims. Among them is the principle of unanimity, it is a
  mere method, a means for the fulfillment of a function.
  When there is a dispute or a conflict between the means
  and the end, between the procedure and the function or
  aim…it is the first which loses its validity and it is the
  fundamental obligation of the Charter prevails, namely to
  seek by other means or other procedure, the achievement
  of the aims of the organization…”

				
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Description: By: DR. Makarim Wibisono Sekdilu 35 Pusdiklat, Kementerian Luar Negeri R.I. 3-4 Mei 2010.