In Hindsights
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Over the last year, there has been a marked increase in the use of the agenda item “any other business” by Council members.
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Council members appear to have a renewed interest lately in making use of the visiting mission as a tool that can serve a number of purposes. Since the Council first travelled to Cambodia and Viet Nam in 1964, it has used the visiting mission for preventive diplomacy, gathering first-hand information, supporting peace processes and mediation. In the period since the end of the Cold War through January 2016, the Council undertook 51 visiting missions to a total of some 45 countries and territories. Several locations were visited repeatedly, with the Democratic Republic of the Congo (DRC) holding the record at 12 and Burundi in second place with nine visits.
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Deteriorating crises and a more wide-ranging focus on countering terrorism resulted in the Council maintaining the high activity levels of 2014. Although there were no new issues that received the Council’s attention, situations already on the agenda, such as Burundi and Yemen, required greater attention. Terrorism was tackled from several angles, including the financing of terrorism and its impact on migration.
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In the lead-up to the UN’s 70th anniversary on 24 October, three initiatives addressing one of the more challenging issues facing the organisation—how the Security Council can more effectively prevent and halt mass atrocities—have been garnering considerable attention. These include: a French initiative; the Accountability, Coherence, and Transparency Group (ACT) initiative; and a reform proposal by the Elders.
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On 15 October, the General Assembly is scheduled to elect five states to two-year terms on the Security Council beginning on 1 January 2016.
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Before the end of 2016, the next UN Secretary-General has to be chosen. The Security Council had its first informal discussion on this issue on 22 July. Though no meetings are scheduled in September in the Council on the Secretary-General selection process, members will be participating in the final stages of negotiations on a draft resolution in the General Assembly on the revitalisation of its work, which includes significant paragraphs on the selection process.
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A mix of old and new complex crises required the Security Council’s attention in 2014 resulting in one of the busiest periods for the Council in several years. New situations like Ukraine competed with long-term conflicts like the Democratic Republic of the Congo and Somalia. Reversing the trend of decreasing decisions and meetings, the Council, often at the initiative of elected members, showed renewed energy in tackling both new and stagnant issues.
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The UN Charter established a subsidiary body of the Council, the Military Staff Committee, with a mandate to advise and assist the Council on all questions relating to military requirements and the employment and command of forces placed at its disposal. However, the the Military Staff Committee soon became a victim of the Cold War divisions and never really got off the ground.
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Last month’s emergency meeting on the ebola outbreak in West Africa was a rare situation when the Council considered a public health crisis and adopted a resolution. However, this was not the first time. The Council has also over the years held a series of meetings on the AIDS epidemic and previously discussed pandemics in the context of new challenges.
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Over the past 60 years, nearly 20 civilian planes have been shot down in various places around the globe. Some downings occurred when a plane strayed off its route into the territory of a state that perceived the aircraft as...
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The Council has recently demonstrated renewed activity in using sanctions as a tool for maintaining international peace and security. With the adoption ofresolution 2140concerning Yemen on 26 February 2014, the Council reached an all-time high number of concurrent sanctions regimes: 15. Some Council members and observers, however, have recognised that there remains considerable room for improvement in UN sanctions design and implementation.
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The Rome Statute establishing the International Criminal Court (ICC) gives the Security Council a unique jurisdictional role. Article 13(b) of the Statute grants the Council the power, acting under Chapter VII of the UN Charter, to refer situations in which certain crimes may have been committed to the ICC. Article 16 of the Statute, on the other hand, allows the Council to defer a situation for one year through a Chapter VII resolution, for reasons relating to the maintenance of international peace and security.
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The Secretary-General recommended in 2013 the creation of three guard units—in the Central African Republic (CAR), Libya and Somalia—to protect UN political and peacebuilding missions operating in deteriorating security environments. What was once perceived as an exceptional measure taken in 2004 in a particularly difficult context (Iraq) may be becoming a common practice as special political missions are deployed in increasingly volatile settings. These developments, which have not attracted much publicity, nevertheless have led to a number of questions being asked, including whether Department of Political Affairs-led missions are the appropriate tool to tackle such situations, the mandate and expectations for guard units and other institutional issues within the organisation.
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Article 27(3) of the UN Charter not only enshrines the veto power of permanent members, but also institutes a limitation of this power through the principle of obligatory abstentions. In providing that “in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting”, the Charter seeks to ensure that a Council member “should not be allowed to be party, judge and jury at the same time” (S/PV.4753).
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The 2013 composition of the Security Council—whose members jointly contributed 22.4 percent of UN peacekeeping personnel as of 31 December 2012—was instrumental in two significant developments regarding the use of force in peacekeeping operations.
