UN Security Council Research Articles

Feasibility and Safeguards Policy for Nuclear Power Plants: A Case Study in Indonesia within the NPT Framework, Emphasizing Global Security Analysis

This study examines the feasibility of a United Nations (UN) peacekeeping force with nuclear capabilities to improve global security. It starts with a historical overview of nuclear weapons and international agreements. The research then addresses challenges such as proliferation, cyber threats, and nuclear energy expansion. This paper analyses Indonesia's stance on the Iranian nuclear issue and the challenges of balancing international relations with domestic pressures, with a focus on its role in the UN Security Council. Using a descriptive qualitative approach, the research assesses global security, technical challenges, political considerations, moral implications, cost allocation, roles of non-nuclear states, regional impacts, transparency, nuclear disarmament, public perception, and alternative security approaches. The study highlights the importance of a comprehensive evaluation that takes into account technical, political, ethical, economic, and regional dimensions. The text emphasizes the importance of transparency, accountability, and international consensus in achieving effective global security. While acknowledging both the potential benefits and risks, the research recommends careful consideration and multilateral diplomatic efforts to promote global stability.

Six Decades of African Integration: Successes and Failures

The African Union (AU), with antecedent Organisation of African Unity (OAU), is now six decades old, and its sub-regional affiliates, such as the Economic Community of West African States (ECOWAS), the Southern African Development Community (SADC), and the East African Community (EAC), up to four decades old. There is a need to inquire into why their problems have been so persistent. This exploration is based on desktop research into some of the scholarly literature, the media, and the findings and recommendations of AU commissions. It is informed by constructivism and Pan-Africanism. The AU and its affiliates are nonetheless arguably more successful than their comparative peers in the Global South. Yet it is usually criticized in the literature, and organs such as the Pan-African Parliament meet with media derision. The AU’s notable successes include establishing its agency in global governance. It has coordinated African states’ voting on the UN Security Council and established an embryonic diplomatic corps with representation on major regional and global organisations and at the two world powers, the USA and PRC. Scholars should also note the continental and multi-lateral activities strengthening African integration that occur outside the AU, through a variety of NGOs, QUANGOs, and business sectoral organisations. This article finds that only the European Union has been more successful, in part because it has a supranational dimension, plus two orders of magnitude more staff, and a budget two orders of magnitude larger. Further, many of the persistent problems of the AU and the RECs are problems of their member state governments, extraverted upwards into the continental and sub-regional structures.

Six senses of the UN Security Council’s interactions with the concept of international responsibility: complicating to contextualise

Six senses of the UN Security Council’s interactions with the concept of international responsibility: complicating to contextualise

On the Activities of the UN Special Investigation team In Iraq

The subject of this study is the activities of the UN Investigative Group established to investigate and uncover the crimes of the international terrorist organization “Islamic State”2.The paper shows the history of the creation of the Investigative Group, the main achievements of its activities are considered. In particular, the Investigation Team has collected indisputable evidence of the commission of numerous crimes by IS members, including the most serious of them: genocide, crimes against humanity and war crimes. At the same time, these activities have not led to the actual indictment of anyone in the national courts of Iraq for the commission of these crimes. This circumstance makes it almost hopeless for the UN Security Council to extend the mandate of the Investigative Group, which makes the prospect of ensuring the inevitability of criminal responsibility and punishment of IS members guilty of the gravest crimes even more uncertain.

Žepa- The UN „Safe Zone"

Cyclically for several centuries in Bosnia and Herzegovina, there have been carried out crimes against humanity, serious violations of the Geneve Conventions and violations of the laws and customs of war and other crimes aginst the protected persons and social groups. Crimes are usually committed during armed conflicts. The mass crimes committed in Bosnia and Herzegovina in the previous two centuries were primarily determined by the ideologies of territorial nationalism and the projects for their realisations by the neighbouring Croatia and Serbia. Additionally, in the armed conflict in Bosnia and Herzegovina in the period 1992-1995 numerous crimes against humanity, serious violations of the Geneva Conventios, violations of the laws and costums of war and other crimes against protected objects, in its individual and mass nature, were also committed including the most serious crime that humanity has experienced since its inception- the crime of genocide. The Serbian-Montenegrin aggressor committed numerous forms of crimes against humanity and international law in all occupied towns and cities of the internationally regonised state and and a member of the United Nations (UN). The attacks on the area of the municipality of Rogatica whach are the subject of this research are considered to be the pattern which the aggressor (Federal Republic of Yugoslavia) and its collaborators (Bosnian Serbs) used in order to completely exterminate Bosniaks from the territory of the Republic of Bosnia and Herzegovina which they intended to occupy militarily. The intention and method of committing Serbian crimes in the area of Podrinje, which also included the municipality of Rogatica, during the Greater Serbian aggression in 1992-1995 are the same as the chetnik crimes against the Bosniak population during the World War II. Zepa, the largest of the ten local communities in the municipality of Rogatica, became a small Bosnian enclave during the aggression against the Republic of Bosnia and Herzegovina that resisted the attacks and blows of a far superior enemy until the middle of 1995. Resolution No.824 declaring Zepa a „safe zone” of the United Nations was adopted on May 6, 1993 by the UN Security Council. The aggressor continued the coordinated and systematic „cleansing” of the Bosniak population from that area consciously ignoring the fact that Zepa was declared a „safe zone” by the UN. The attacks on the Bosniaks of Zepa were not of different character compared to the attacks on other areas of the Republic of Bosnia and Herzegovina, especially Podrinje. Attacks on Bosniaks as an ethnic, national, national and religious group as a whole, and therefore those from the area of Zepa, were an integral part of the Greater Serbian ideology, policy and practice of creating the so-called Great Serbia. This research aims to shed light on the importance and status of the UN „safe zone”, the attitude of the international community towards the aggressor and the victims, the aggressor's activities up to the complete occupation of this „safe zone” and the crimes committed against Bosniaks.

The UN Security Council and Its Decision-Making Mechanism

Protecting international peace and security is the primary goal of establishing the United Nations. To achieve this goal, the organization has established, since its founding, the International Security Council. The International Security Council is one of the most important main bodies of the United Nations and is primarily responsible for maintaining international peace and security. The Council also With the tasks entrusted to it under Article (24) of the Charter, after the members of the organization, pursuant to this article, entrusted the Council to carry out on behalf of the countries of the organization the task of maintaining international peace and security, which is represented by major and important duties, and because achieving this goal is entrusted to the Security Council, the Charter of Nations granted it the United Nations has many powers and powers that the General Assembly does not have. We find the basis of these powers in Chapters (6-7-8-12). The Council’s decisions also have binding force, as member states are committed to implementing its decisions, based on what is stated in Article (25) of the United Nations Charter, all of this comes in order to protect international peace and security. Article 23 of the United Nations Charter came as the basis for the establishment of this important body, after Chapter Five of the United Nations Charter regulated the work of the Security Council, including the functions and powers, formation and management of the Council’s meetings, and the work of its affiliated bodies. The composition of this Security Council has a characteristic that differs from the rest of the United Nations bodies, as the five major member states enjoy an advantage that the rest of the Council’s member states do not enjoy, and this advantage is evident in the right to permanent membership and the right to veto any decision issued by the Council. Finally, we conclude that the UN Security Council is the real institution that it dominates not only the United Nations, but the entire world. In view of the fundamental goal of the United Nations, which is to protect international peace and security.

The legacy of the UN Security Council sanctions on Iraq

The legacy of the UN Security Council sanctions on Iraq

Hak Veto Pada Perserikatan Bangsa-Bangsa Dan Dewan Keamanan Perserikatan Bangsa-Bangsa

The veto right which is exclusively granted for the permanent members of the United Nations (UN) Security Council will always be controversial, especially for the international community. This journal discusses the study of the veto right based on the principles of International Law with a qualitative descriptive approach so as to achieve a systematic and factual picture and refers based on what is listed in the Legislation. Based on the existing analysis, the Veto Right is implicitly regulated in Article 27 paragraph (3) of the United Nations Charter which will be clearly seen in the article if the Veto Right is contrary to the original purpose of the establishment of the United Nations. This research will also further discuss the definition and history of the development of the veto right, the Security Council in general at the United Nations, as well as an analysis of the case of the use of the veto right.

United Nations Security Council Resolutions

United Nations Security Council Resolutions

Sino-Pak-US Triple Axis and Deterrence to India

Pakistan, China, and the US are three prominent nuclear states having significant profiles as Pakistan, a distinguished State in the Islamic world, occupies a complex and significant geostrategic position and atomic capability with the latest missile system located at the confluence of central, South Asia and the Middle East sparkling with multidimensional and substantial maritime boundaries which entitled as warm waters. China, the neighbor of Pakistan, is the world’s most populous nation, twinkling as a fast-emerging nation that holds globally second-leading economic power and great military, diplomatic, and financial power. The veto power in the United Nations Security Council further enhanced Chinese distinction. Whereas, the United States of America is diplomatically, militarily, strategically, and economically the biggest global power, occupying the world’s largest economy and maintaining international influence in prospects of geostrategy and geo-economics. Pakistan is always wrapped in complicated international politics with dynamic regional security, directly or indirectly, due to its geostrategic location and prominent membership in the Islamic world. These prospects are regular ultimate challenges for its rival neighbor India and successful deterrence. This paper is an attempt to highlight strategic ties with Pakistan and their implications. It will explore how the US reacts to Sino-Pak ties and how the Indo-US nexus will harm Pakistan and create regional instability.

Making for “strange bedfellows”: the Women, Peace and Security agenda after UNSCRs 2467 and 2493

ABSTRACT In 2019, a year before the twentieth anniversary of the adoption of United Nations Security Council Resolution (UNSCR) 1325, the United Nations Security Council (UNSC) adopted two more resolutions – UNSCRs 2467 and 2493 – under the Women, Peace and Security (WPS) thematic agenda. The WPS agenda is considered revolutionary for bringing women’s rights and security into the UNSC; however, it also reflects the precariousness of the alliance between feminist activists and the UNSC. During the drafting of UNSCRs 2467 and 2493, the United States (US), Russia, and China – all permanent members of the UNSC – objected to the inclusion of certain language in the final texts. The US pushed for the deletion of language on sexual and reproductive health from UNSCR 2467, while Russia and China challenged the definition of women human rights defenders in UNSCR 2493. These objections epitomize and contribute to the global pushback on women’s rights and security, which foregrounds concerns that the UNSC and feminist activists make for “strange bedfellows.” In this article, we consider whether the UNSC has been used as a forum to damage women’s rights and security.

Peran Hukum Internasional Dalam Etnis Rohingya

The failure to prosecute the perpetrators of the Rohingya ethnic genocide crime is the beginning of the blunting of international law. The Rohingya ethnic group must get their Human Rights (HAM) back, as we know that Human Rights are basic rights that are inherent from birth by the grace of God and everyone must protect and respect them. Myanmar has a long history of human rights violations, according to Amnesty International. Suppression of freedom of expression and violations of human rights against underrepresented ethnic groups continue. The research used in this study uses normative juridical research methods with a case and legal history approach. In fact, institutional dogmatism is the result of the failure to protect human rights against ethnic groups. Rohingya, this study concludes that international law is blunt and only applies if there is a large benefit to the UN Security Council, the people of a country like Rohingya only suffer from injustice.

New Nomos of the Earth? Perspectives of the Order in the Age of Chaos

The article “The New Nomos of the Earth? Perspectives of the Order in the age of chaos” by Jan Okoński presents the concept of Nomos and its interpretations against the background of a changing global order. The author presented an analysis of the Nomos as a symbol of justice (similar to such ideas as: ius, maat, and tao) and Carl Schmitt’s analysis of this term, which is important from the point of view of the philosophy of law. Nomos is word derived from ancient Greek, a concept that somehow unites the plane of factuality and the plane of validity of law. In the word Nomos, there is contained, a strange, paradoxical union of violence and justice. The Italian philosopher and researcher of the thought of C. Schmitt, Giorgio Agamben, has pointed out that Hobbes’s sovereign is the only one that remains in a state of nature, retaining his “ius contra omnes”, we may say, perhaps along similar lines to the states in the UN Security Council. These considerations are set against the background of the former China-centred system of international relations in Asia and the current attempts to transform the global order. Nomos is proving to be an ever-present concept that, although not as popular as other ideas from ancient Greece, casts clear light on issues of the validity of law in general and helps to make the evolution of the global order easier to understand. Through the prism of the concept of Nomos, it can be seen that the old world order, crystallised by the Europeans, can be marginalised by the change of the global power relations. This is not a new process, for it has already occurred in history. It is clear from the content of the article that law has appeared, since ancient times, to be paradoxically linked to violence and the possibility of initiating it.

Options and Paths for Breaking the Deadlock over the Veto Power of the Permanent Members of the Security Council

The veto power of the permanent members of the Security Council has always been a topic of intense discussion, and its historical and complex characteristics mean that it cannot be easily resolved. Veto reform proposals for permanent members of the Security Council have been floating around the international community, but no real changes have been made. Based on the background of the veto, the current situation of the veto abuse, the reform of the veto mechanism, the increase of permanent seats, and the establishment of the monitoring mechanism, this paper makes a critical analysis of the Security Council and puts forward suggestions for reform. This paper proposes the second negative, international organizations as individuals to enter the UN Security Council and so on, which provides a new way of thinking for the reform of the Security Council. The purpose is to promote the fairness and justice of the Security Council, meet the vital interests of more countries, and enable the Security Council to better perform its duties and maintain peace and security of the international community.

Towards a World of Peace and Development: Expansion and Inclusion

This paper analyzes the problems existing in the current UN Security Council mechanism: the mechanism is rigid, the binding force is limited, and the representative is lacking. The authors propose corresponding reforms to better constrain the use of force between states: increase the membership of the Security Council within the existing framework, create new permanent seats, and devolve some of the Council's powers to UN trusteeship bodies. As the topic of our paper says: "Expansion and inclusion" is the core of the whole article and the value we want to convey. After combining the innovative membership expansion proposals put forward by regional powers such as Germany, Italy, Japan and India, we put forward a new set of proposals with our own views. Based on the legal provisions put forward by these countries, we add a point of view: We will give full play to the functions of the Trusteeship Council so that this body will no longer be idle. The successful implementation of these ideas will do more good than harm for countries to restrain the use of force. Countries will be more effectively restrained in the use of force, and the tragedies of Ukraine and Syria will not be repeated again. In the context of globalization, the effective implementation of these proposals will lead the world to peace and development.

Unilateral Sanctions under International Law and Effectiveness of Blocking

INTRODUCTION. This article discusses modern international legal concept of unilateral sanctions. The authors contribute to the emerging discussion on the qualifying of unilateral sanctions under international law.MATERIALS AND METHODS. In this study we took into account the works of both Russian and foreign scholars in the field of international economic law, as well as analyzed documents and materials of international organizations (United Nations (UN), World Trade Organization (WTO) and others) in order to assess the compatibility of unilateral sanctions with international law. General scientific methods of cognition (analysis, synthesis, induction, and deduction), special legal methods (formal-legal, technical-legal, method of legal analogy) and comparative legal method were used in the presented research.RESEARCH RESULTS. Presented analysis has shown that widely used term “unilateral sanctions” leads to abusive and inappropriate use of international legal term. Analysis of compatibility of unilateral sanctions with other types of coercive measures such as countermeasures, UN Security Council sanctions, retortions, reprisals have shown that unilateral sanctions do not fall under the meaning of all mentioned measures. In addition, unilateral sanctions should not be justified under the WTO security exceptions. The use of extraterritorial unilateral sanctions contradicts one of the fundamental principles of international law – principle of non-interference in internal affairs. Existing blocking unilateral sanctions mechanisms are not efficient enough to compensate negative effect posed by unilateral sanctions.DISCUSSION AND CONCLUSIONS. Authors concluded that unilateral sanctions in most of the cases do not satisfy cumulative criteria of legitimate countermeasure. Unilateral sanctions are not equivalent to the United Nation Security Council sanctions, as there are no “checks and balances” in the decision-making process in the form of determining the degree of threat to peace and security and taking into account humanitarian exceptions. Although there is some correlation between unilateral sanctions and retortions or reprisals, retortions and reprisals posses criteria of legality and proportionality, while, unilateral sanctions are introduced at the state’s discretion without any standard. Furthermore, the authors argue that to avoid abusive use of the WTO security exceptions WTO panels have to rely on the well-balanced approach used by the Panel in Russia – Transit case. This approach shows that the context of security exception should be understood as encompassing only military and closely related to military issues and does not cover political, economic, cultural or any other interests and relations. Existing blocking mechanisms of unilateral sanctions require separate qualification under international law including compatibility with the legitimate countermeasures.

UN General Assembly Resolution 76/262 as a strengthening of the collective response to the use of the veto right in the UN Security Council

The article describes the legal nature of United Nations General Assembly Resolution 76/262 (A/76/L.52) entitled "Standing mandate for a General Assembly debate when a veto is cast in the Security Council", adopted on April 26, 2022. We have analyzed this topic due to its relevance and the emergence of a new procedure of the United Nations General Assembly, aimed at increasing of the transparency and accountability of the United Nations Security Council, as a result of the ineffective activity of the Security Council in crisis in which our world finds itself today, in particular due to armed conflicts in Ukraine and the Middle East, which have led to complex humanitarian consequences. Many states and scientists have been expressing their interest in the issue of Security Council reform for a long time. We deeply researched the Resolution which is the first in a long time and a significant legal instrument that changes the existing mechanism of the functioning of the United Nations and has revived the discussions on the need for a complete reform of the Security Council in accordance with Resolution 62/557 of December 15, 2008. The purpose of the article is an overview of the new Resolution 76/262, namely the reasons and expediency of its adoption, cases of application and its effectiveness in modern conditions. The methodological basis of the study are the following general scientific and special methods of cognition of legal phenomena: the method of the philosophical level – the dialectical method; empirical methods – comparative, observation and description methods; general logical methods – analysis, synthesis; specially-legal method. The article analyzes the main provisions of Resolution 76/262, the reasons for its adoption, examines cases of its application, and draws conclusions about the effectiveness of this resolution. We have differentiated the procedures provided for by Resolution 76/262 "Standing mandate for a General Assembly debate when a veto is cast in the Security Council" and Resolution 377 (V) "Uniting for Peace". We have reviewed the international legal conceptual foundations of the need to apply the resolution. The topic of reforming the United Nations against the backdrop of the current world security crisis is very important and relevant for further research by domestic scientists in order to formulate their own proposals, approaches and scientific justifications in the modern Ukrainian science of international public law, as well as for the scientific enlightenment of society in this of knowledge.

Beyond retribution: Individual reparations for IHL violations as peace facilitators

Abstract Three decades after the United Nations Security Council invoked its Chapter VII powers to create the ad hoc criminal tribunals, there can be little doubt that the prosecution of individuals responsible for serious violations of international humanitarian law (IHL) contributes to restoring and maintaining peace. While there is little doubt that the reparatory function of justice is just as crucial as retribution, under international law today, reparations for IHL violations remain harrowingly insufficient or borderline non-existent. In scholarship and strategic litigation, various attempts have been made to distil an individual right to reparations from black-letter IHL. This article argues that such approaches are doomed to fail, as procedural aspects of international obligations rarely, if ever, emerge through the evolution of an existing customary international obligation, let alone via the crystallization of a new customary international norm. They are usually triggered by a political shift that makes States adopt novel regulations setting forth the jurisdictional ramifications of enforcing a pre-existing right or obligation. This article thus advances a two-fold argument. First, it asserts that States’ increased compliance with the obligation to provide compensation for violations of IHL attributable to them would contribute to “the restoration and maintenance of peace” just as much as the prosecution of persons responsible for serious violations thereof. Second, it argues that the individual right to claim reparations for IHL violations can only be established through a political decision of States, and that the establishment of an international mechanism for Ukraine might be an important precedent for the evolution of the current international system.

The Russian approach to peacekeeping

Abstract Peacekeeping is a central element of Russian foreign policy. The country has been deploying peacekeeping troops under highly controversial circumstances for more than three decades. A major power and a permanent member of the United Nations Security Council, Russia obviously plays an important role in defining the standards by which peacekeeping is and may be done. When Russian troops invaded Ukraine in an unprovoked aggression on 24 February 2022, Russian politicians initially referred to them as ‘peacekeeping troops’. This led UN Secretary-General Antonio Guterres to declare his concern about ‘the perversion of the concept of peacekeeping’. This article offers a discussion of the Russian approach to peacekeeping as this has been and is being expressed in both recent conceptual thinking and implementation. Relying on a large pool of Russian policy documents and scholarly works, the article finds that Russia is likely to execute more operations with a lowered threshold for intervention and under conditions of greater flexibility. It is a more pragmatic approach. Operations will increasingly be designed comprehensively across the physical, cyber and cognitive domains and will include the use of private military companies. This will almost inevitably bring Russian interests to clash even more with the interests of western states.

Tantangan Penyelesaian Konflik Internasional yang Dilematik mengenai Hak Veto dalam Dewan Keamanan PBB (Studi kasus Palestina dengan Israel)

This research aims to explore and contribute to the understanding of the misuse of the veto power in resolutions for international conflict resolution. The focus is on describing the challenges arising from the use of the veto power in the UN Security Council, often prolonging conflicts without a definitive resolution. The research methodology employed is juridical normative with descriptive analysis, referring to provisions in the UN Charter and other reliable literature. The findings highlight that the abolition of the veto power in the UN Security Council could serve as a solution for more effective conflict resolution. Prolonged international conflicts result in significant losses, especially for civilians, while the UN, as the largest international organization, frequently fails to resolve these conflicts. The main issue lies in the rejection of resolutions by veto-wielding states, leading to the failure of these resolutions and the continuation of conflicts. Structural reforms within the UN are crucial to enhance its performance in conflict resolution to prevent further casualties. The unbridled use of the veto power, based on the geopolitical considerations of certain states, slows down the conflict resolution process. Additionally, the power disparity between veto-wielding states and other members contradicts the principle of sovereign equality enshrined in the UN Charter. Therefore, clear criteria must be established for the use of the veto power in peace resolutions to ensure that conflict resolution is not hindered by purely geopolitical interests.