This article is a part of the lawmatics series on ‘Simplifying the Charter of United Nation’. In our last articles, we have discussed the purposes and principles of United Nation , Membership and Organs of United Nations, and General Assembly, as per its charter. In this article, we will discuss chapter V which describe the provisions related to Security Council of United Nation.
Security council is like the cabinet of United nation which has the responsibility and power to implement the decision and action of united nation’s principle organs.
CHAPTER V THE SECURITY COUNCIL
Composition -Article 23
1. The Security Council shall consist of eleven Members of the United Nations. (At present, Security council have fifteen members. Five members are permanent and with veto power, other are ten are non-permanent member)
- The Republic of China, France, the Union of Soviet Socialist Republics (Present Russia), the United Kingdom of Great Britain and Northern Ireland, and the United States of America shall be permanent members of the Security Council.
- The General Assembly shall elect six (now ten) other Members of the United Nations to be non-permanent members[1] of the Security Council,
- due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and
- also to equitable geographical distribution.
2. The non-permanent members of the Security Council shall be elected for a term of two years.
3. Each member of the Security Council shall have one representative.
Functions and Powers -Article 24
1. In order to ensure prompt and effective action by the United Nations, 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.
2. In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations.
3. The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration.
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 26
- In order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world’s human and economic resources,
- the Security Council shall be responsible for formulating, with the assistance of the Military Staff Committee, plans to be submitted to the Members of the United Nations
- for the establishment of a system for the regulation of armaments.
Voting -Article 27
1. Each member of the Security Council shall have one vote.
2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of seven members.
3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of seven members including the concurring votes of the permanent members.
Procedure- Article 28
1. The Security Council shall be so organized as to be able to function continuously. Each member of the Security Council shall for this purpose be represented at all times at the seat of the Organization.
2. The Security Council shall hold periodic meetings at which each of its members may, if it so desires, be represented by a member of the government or by some other specially designated representative.
3. The Security Council may hold meetings at such places other than the seat of the Organization as in its judgment will best facilitate its work.
Article 29
The Security Council may establish such subsidiary organs as it deems necessary for the performance of its functions.
Article 30
The Security Council shall adopt its own rules of procedure, including the method of selecting its President.
Article 31 (Participation by Non-members)
Any Member of the United Nations which is not a member of the Security Council may participate, without vote, in the discussion of any question brought before the Security Council whenever the latter considers that the interests of that Member are specially affected.
Article 32
- Any Member of the United Nations which is not a member of the Security Council or
- any state which is not a Member of the United Nations,
- if it is a party to a dispute under consideration by the Security Council,
- shall be invited to participate, without vote, in the discussion relating to the dispute.
The Security Council shall lay down such conditions as it deems just for the participation, of a state which is not a Member of the United Nations.
Reference
Charter of the United Nation
[1] In 1965, the UN increased the number of members to 15; non-permanent members were increased to 10.
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