THREAT TO THE PEACE

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UNSC at Work

UNSC Security Council Members

Powers

Chapter Seven of the UN Charter confers the Security Council with broad powers to decide what measures are to be taken in situations involving “threats to the peace, breaches of the peace, or acts of aggression”.
Under Article 40 of the UN Charter, the UNSC is empowered to take initial steps to keep the situation from escalating.
Under Article 41, the UNSC may decide what measures, not involving the use of armed force, are to be employed to give effect to its decisions. The measures may include complete or partial interruption of economic relations, transportation, communication and the severance of diplomatic relations.
Should the Security Council consider that measures provided for in Article 41 have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security under Article 42.
Security Council decisions taken under Chapter Seven of the UN Charter are binding on all members of the United Nations.

Voting procedures

The UNSC has five permanent members. A permanent member has a special power that the ten non-permanent members do not have. The special power is called “veto”. Each permanent member can use its veto power to block the UNSC from considering any substantive matter (i.e. a resolution calling for UNSC action on Burma)
Only a current UNSC member can place a resolution before the UNSC. The consideration of a resolution calling for action under Articles 40, 41 or 42 is a substantive matter that would require at least nine affirmative votes and no veto. An abstention is not considered an affirmative or negative vote. An abstention by a permanent member is not considered a veto.
Decisions on procedural matters (i.e. placing Burma on the UNSC agenda) require at least nine affirmative votes. Veto powers cannot be exercised with regard to procedural matters.
Previous efforts by the US to adopt a resolution on Burma at the UNSC have been hindered because Russia and China indicated that they would use their veto power to block the resolution.
 

 

 

RELEVANT UN CHARTER ARTICLES

  

Article 25: "The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter."

Article 39: "The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security."

Article 40: "In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures."

Article 41: "The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include 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."

Article 42: "Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations."