Google AI

Weekend Times


The Times

Business News

Venezuela, Gaza, Ukraine: is the UN failing?

  • Written by: Juliette McIntyre, Senior Lecturer in Law, Adelaide University

The United Nations turned 80 in October last year; a venerable age for the most significant international organisation the world has ever seen.

But events of recent years – from last weekend’s Trumpian military action[1] to seize Venezuelan President Nicolás Maduro and Russia’s unlawful invasion of Ukraine[2] in 2022, to the ongoing humanitarian catastrophe[3] in Gaza – represent major challenges to the UN system.

Many are now asking whether the United Nations has any future at all if it cannot fulfil its first promise of maintaining international peace and security[4].

Has the UN reached the end of its lifespan?

The UN Security Council

The organ of the UN that plays the main role maintaining peace and security is the UN Security Council[5].

Under the rules established by the UN Charter[6], military action – the use of force – is only lawful if it has been authorised by a resolution from the UN Security Council (as outlined in Article 42[7] of the Charter), or if the state in question is acting in self-defence.

Self-defence is governed by strict rules requiring it to be in response to an armed attack (Article 51[8]). Even then, self-defence is lawful only until the Security Council has stepped in to restore international peace and security.

The Security Council is made up of 15 member states[9]:

  • five permanent (China, France, Russia, the United Kingdom and the United States – also known as the P5)

  • ten non-permanent members elected for two-year terms.

Resolutions require nine affirmative votes and no veto from any permanent member, giving the P5 decisive control over all action on peace and security.

This was set up expressly to prevent the UN from being able to take action against the major powers (the “winners” of the second world war), but also to allow them to act as a balance to each other’s ambitions.

This system only works, however, when the P5 agree to abide by the rules.

Venezuela, Gaza, Ukraine: is the UN failing?
The permanent representative of Venezuela to the United Nations, Samuel Moncada, speaks during an emergency meeting of the UN Security Council after the recent US military operation in Venezuela. EPA/DEREK FRENCH[10]

Could the UN veto system be reformed?

As aptly demonstrated by the Russians and Americans in recent years, the veto power can render the Security Council effectively useless, no matter how egregious the breach of international law.

For that reason, the veto is often harshly criticised[11].

As one of us (Tamsin Paige) has explained previously[12], however, self-serving use of the veto power (meaning when a member state uses its veto power to further its own interests) may be politically objectionable but it is not legally prohibited.

The UN Charter[13] imposes no enforceable limits on veto use.

Nor is there any possibility of a judicial review[14] of the Security Council at the moment.

And herein lies one of the most significant and deliberate design flaws of the UN system.

The charter places the P5 above the law, granting them not only the power to veto collective action, but also the power to veto any attempt at reform.

Reforming the UN Security Council veto is thus theoretically conceivable – Articles 108 and 109[15] of the charter allow for it – but functionally impossible[16].

Dissolving and reconstituting the UN under a new charter is the only structural alternative.

This, however, would require a level of global collectivism that presently does not exist. One or more of the P5 would likely block any reform or redesign that would see the loss of their veto power.

An uncomfortable truth

It does, therefore, appear as though we are witnessing the collapse of the UN-led international peace and security system in real time.

The Security Council cannot – by design – intervene when the P5 (China, France, Russia, the UK and US) are the aggressors.

But focusing only on the Security Council risks missing much of what the UN actually does, every day, largely out of sight.

Despite its paralysis when it comes to great-power conflict, the UN is not a hollow institution.

The Secretariat[17], for instance, supports peacekeeping and political missions and helps organise international conferences and negotiations.

The Human Rights Council[18] monitors and reports on human rights compliance.

UN-administered agencies[19] coordinate humanitarian relief and deliver life-saving aid.

The UN machinery touches on everything from health to human rights to climate and development, performing functions that no single state can replicate alone.

None of this work requires Security Council involvement, but all of it depends on the UN’s institutional infrastructure (of which the Security Council is an integral part).

The uncomfortable truth is we have only one real choice at present: a deeply flawed global institution, or none at all.

The future of the UN may simply be one of sheer endurance, holding together what can still function and waiting for political conditions to change.

We support it not because it works perfectly, or even well, but because losing it would be much worse.

Should we work towards a better system that doesn’t reward the powerful by making them unaccountable? Absolutely.

But we shouldn’t throw out all of the overlooked good the UN does beyond the Security Council’s chambers because of the naked hypocrisy and villainy of the P5.

References

  1. ^ military action (theconversation.com)
  2. ^ unlawful invasion of Ukraine (theconversation.com)
  3. ^ humanitarian catastrophe (www.aljazeera.com)
  4. ^ maintaining international peace and security (www.un.org)
  5. ^ UN Security Council (main.un.org)
  6. ^ UN Charter (www.un.org)
  7. ^ Article 42 (legal.un.org)
  8. ^ Article 51 (legal.un.org)
  9. ^ member states (main.un.org)
  10. ^ EPA/DEREK FRENCH (photos.aap.com.au)
  11. ^ harshly criticised (news.un.org)
  12. ^ explained previously (dro.deakin.edu.au)
  13. ^ UN Charter (www.un.org)
  14. ^ judicial review (www.jstor.org)
  15. ^ Articles 108 and 109 (legal.un.org)
  16. ^ but functionally impossible (theconversation.com)
  17. ^ Secretariat (www.un.org)
  18. ^ Human Rights Council (www.ohchr.org)
  19. ^ agencies (www.un.org)

Authors: Juliette McIntyre, Senior Lecturer in Law, Adelaide University

Read more https://theconversation.com/venezuela-gaza-ukraine-is-the-un-failing-272703

The Weekend Times Magazine

Box Mixers launches at home cocktail mixers

Box Mixers has announced its new range of zero alcohol cocktail mixers, made from all natural flavours, crafted to make drinking cocktails at home simple and convenient. Designed to appeal to...

Why Carpet Cleaning Services Are Essential for Clean and Healthy Interiors

Clean carpets are a defining feature of comfortable and well-maintained interiors. Carpet cleaning services play an important role in preserving cleanliness, improving indoor comfort, and supporting healthier environments across residential and...

How To Gain Financial Freedom In Retirement

Planning for retirement? Retired already? Discover how you can gain financial independence during your golden years. Hitting retirement is a joyous milestone - a just reward for a lifetime of hard...

Prime Minister interview with Karl Stefanovic and Alison Langdon, Today

KARL STEFANOVIC: Joining us now from Kirribilli House in Sydney. PM, good morning to you. Thank you for your time.    PRIME MINISTER: G’day Karl.   STEFANOVIC: The Premiers don't seem to be listening...

The Vital Role of Indemnity Insurance in Nursing

In modern healthcare, nurses operate within an increasingly complex professional environment that exposes them to a wide range of risks. Their responsibilities extend from direct patient care to managing complex...

5 Things You Must Do in Australia

If you are setting sights on Australia as your next holiday destination this year, then you are about to embark on a life-changing adventure. The country offers an exciting and...

Why Rainwater Tanks Are Becoming Essential For Australian Homes

Water conservation has become increasingly important across Australia due to changing weather conditions, rising utility costs, and growing environmental awareness. Many homeowners are now investing in Rainwater Tanks to collect and...

How Pest Control Albury Protects Homes And Businesses From Harmful Pests

Residents and business owners in regional New South Wales understand the challenges that seasonal pests can bring. Many turn to Pest Control Albury to keep their properties safe, hygienic and free...

What To Look For In a Robot Pool Cleaner

Robotic pool cleaners are a stunning feat of modern technology, allowing you to keep your pools clean with minimal effort on your part. Pool cleaning and maintenance has always remained...

hacklink esim new zealandjojobetmarsbahisholiganbethacklink panelBetimgüvenilir casino siteleri