1. Maintenance of peace and security by the UN is one of its principle functions.

2. For concretization of the same, a separate body of the UN was created- the United
Nations Security Council (UNSC). The Security Council (SC) functions continuously
throughout the entire year.
3. It has its headquarters at New York City though it may even hold meetings at other
locations provided if its members agree to the same.
4. It has a total of 15 members while includes the five ‘great powers’ – the People’s
Republic of China, France, the Russian Federation, the United Kingdom and the
United States of America, who are its permanent members.
5. The other ten members are elected by the General Assembly for a term of 2 years,
each nation representing a different region of the world. The current temporary
members of the SC are Austria, Japan, Turkey, Mexico, Uganda, Bosnia and
Herzegovina, Brazil, Gabon, Lebanon and Nigeria.
6. The Presidency of the Council rotates in alphabetical order every month and is
currently held by Gabon.
7. As per Article 27 of the Charter, on all but procedural matters, decision is to be taken
by an affirmative vote of 9 out of 15 members of the Council including the
concurrence of the 5 permanent members, also known as the ‘Great Powers
Unanimity’.
8. The granting of unbridled powers to the 5 powers has often been criticised and
questioned as regards the basis of giving such power.
9. This provision of veto was introduced keeping in mind the power politics of the
Second World War. An argument in favour of the same is that granting of a veto
power ensures that the world’s most powerful nations remain within their bounds and
do not unilaterally renounce membership of the UN as was done by Japan at the
beginning of the Second World War. Thus, this power has been described as being a
deterrent to use of force by powerful nations.
10. However, this power has been criticised as being in contravention to Article 2(1) of
the UN Charter which states sovereign equality of all member states being one of the
most important principles of the UN. It has been stated that power relations cannot be
used as a criteria for granting permanent membership of the Security Council to some
states at the expense of others who might equally deserve it.
11. This is why nations like Germany, Japan, India and Brazil have been constantly
pressing for a permanent seat at the Security Council.
12. However, there also exists an argument that in order to conform with the principles of
the UN charter and ensure that all member states are treated at par, the system of
permanent membership be done away with. Infact, the drawbacks of the veto power
were quite evident during the time of the Cold War.
13. China is known to be the only nation which has exercised its veto power
economically.
14. Never the less, the importance of permanent membership cannot be ruled out. A
situation may arise that a resolution be tabled in the UNSC which grossly violates the
right of a nation(s) to territorial sovereignty under the garb of a resolution for peace
and the same may get passed due to conspiracy amongst member states.
15. However, it cannot be ruled out that this power gives a permanent member the right to
impose its decision on other member states. A probable solution may be the increase
in permanent membership of the SC or restrictions being placed as to the situations in
which such power may be used.
Powers and Functions of the UNSC
Some of the broad powers and functions of the UNSC can be enumerated as follows-
1. To maintain peace and security in accordance with the principles and purposes of the
United Nations.
2. To investigate any dispute or situation as this may lead to international friction.
3. To recommend methods of adjusting such disputes or the terms of settlement.
4. To formulate plans for the establishment of a system to regulate armaments.
5. To determine the existence of a threat to the peace or act of aggression and to
recommend what action should be taken.
6. To call on member states to apply economic sanctions and other measures not
involving the use of force in order to prevent or stop aggression.
7. To take military action against an aggressor.
8. To recommend the admission of new members and the term on which states become
parties to the Statute of the International Court of Justice.
9. To exercise the trusteeship functions of the UN in certain strategic areas.
10. To recommend to the General Assembly the appointment of the Secretary General
and together with the Assembly, to elect the judges of the International Court.
Under Article 25 of Chapter V of the UN Charter, the member states are obligated to carry
out the decisions of the Security Council. This makes the Security Council a very powerful
organ of the UN as compared to the other organs which can only make recommendations to
the member states.
Maintenance of Peace and Security by the UNSC
Chapters VI and VII of the UN Charter deal primarily with maintenance of international
peace and security by the UNSC. Chapter VI talks about Pacific settlement of disputes while
Chapter VII elaborates on Actions with respect to Threats to Peace, Breaches of Peace, and
Acts of Aggression. Article 33 provides that parties shall first resort to peaceful settlement of
disputes by way of negotiations, mediation, conciliation, arbitration or any other peaceful
means mentioned or such other peaceful means of their choice. The SC may call upon
member states to resort to such means whenever it deems necessary. If at any stage, the SC
feels that there is a threat to maintenance of peace and security, it shall recommend
appropriate procedures or methods of adjustment. Further, under Article 37(1), the SC is
empowered to take charge of a dispute dangerous to peace if the parties fail to reach a
solution. Also, under Article 38, if the parties request the SC, it may make recommendations
with a view to the pacific settlement of dispute. Under Article 35, any member state may
bring a dispute before the UNSC. Even a non-member state may do the same, provided it
accepts the provisions of the UN Charter with regard to the pacific settlement of disputes.
Also, Article 99 empowers the Secretary General to bring disputes before the SC or settling
them using his good offices at the instance of other organs of the UN or on his own.

Other than settling disputes by using means of peaceful settlement, the UNSC is empowered
under Article 34 to investigate any dispute or situation which might cause international
friction or give rise to another dispute. This might seem to be the corollary of Article 39
which empowers the UNSC to determine the presence of any threat to international peace or
breach of such peace or any act of aggression and make recommendations or decide as to
what measures ought to be taken. Before giving such recommendations or providing for
measures, the UNSC might call upon the parties to the dispute under Article 40 to comply
with certain conditions so that such measures need not be imposed. Article 41 provides for
measures to be taken by member nations on the recommendation of the SC not involving the
use of armed force such as economic sanctions, severance of diplomatic relations,
interruption in means of communication, etc. If such measures fail, the UNSC under Article
42 shall consider taking action by air, sea or land by forces of member nations. For the same,
the member nations shall make available under special agreement to the UNSC, armed forces
and other forms of assistance and facilities (Article 43). Thus, the UN Charter provides for a
system of collective security.

Several instances may be seen wherein the UNSC has played a pivotal role with respect to
maintenance of international peace and security. One of such issues is that of the Korean
Crisis of 1950. After the World War, the Korean Peninsula which was previously under the
occupation of the Japanese was divided hastily along the 38th Parallel with the Northern Part ,
now known as the Democratic People’s Republic of Korea going to the USSR and the
Southern part, also known as the Republic of Korea being under the control of the United
States. The UN declared that fair elections for the establishment of legitimate government
shall be held in the entire country with the assistance of UN observers. The UN declared that
as the Soviets in North Korea did not allow UN observers, the elections were not fair. The
divide between the two Koreas became wider with the North being supported by the USSR
and China and the South getting support from the United States and its allies. This was the
beginning of the proxy-war between the USSR and USA which later came to be known as the
cold war. The North Korean government wanted immediate unification of the Korean
peninsula and thus invaded South Korea on June 25th, 1950, thereby disrespecting the 38th
Parallel. In response to this, the United Nations Peace-keeping forces led by the United States
after an UNSC resolution (passed after USSR’s absence leading to abstinence) landed in the
region and drove the North Korean forces way beyond the 38th Parallel upto the North.
Thereafter, China launched an aggression against the UN forces and managed to drive them
away from North Korea. Afterwards, a ceasefire was declared and the 38th Parallel was
accepted as the international border between the Koreas, with the creation of a demilitarised
zone around the same. An armistice was signed between the two nations, though there is no
formal agreement so far. The UNSC’s efforts with regard to the situation are indeed laudable.
The actions taken against an aggressor state in order to provide protection to South Korea is
commendable. However, the armistice signed did not have long lasting effects. Time and
again, North Korea has violated the international border and tried to make advances into the
demilitarised zone. Besides both the Koreas have been in a virtual state of war ever since the
1950s. Infact, North Korea has conducted nuclear tests in violation of the Nuclear non-
proliferation treaty, thereby threatening the situation in the Korean peninsula. The UNSC
resolutions 1718 and 1874 passed unanimously by the Council and imposing sanctions
against the nation have clearly failed to deter it from conducting further tests and have failed
to compel it to return to the NPT. The six party talks have also failed to resolve the situation.
Thus, effective measures must be taken by the UNSC to bring North Korea to talk and reduce
tensions in the Korean peninsula.

Another dispute involving India and Pakistan where the UNSC stepped in was the Kashmir
issue. Both nations have been fighting over the territory since independence and partition.
After Pakistani forces entered Kashmir in 1947-48, the UNSC passed a resolution calling for
declaration of ceasefire, withdrawal of Pakistani forces and minimum presence of Indian
troops in the region. The resolution also stated that a plebiscite must be provided for wherein
the people of Kashmir shall be allowed to decide democratically decide as to whether they
would like to be with either India or Pakistan or would like to be an independent state. Both
nations agreed to the same but it failed as Pakistan did not withdraw its forces from the
region thereby contravening the resolution passed. Over the years this dispute has become
even more serious with the involvement of non-state actors such as terrorist organisations.
India has asked United Nations that it should not be leave unchallenged or unaddressed
claims of moral, political and diplomatic support for terrorism by Pakistan, which were
clearly in contravention of United Nations Security Council Resolution 1373 which is
a Chapter VII resolution that makes it mandatory for member states to not provide active or
passive support to terrorist organizations. Pakistan admits to giving support to such
organisations as it regards the same as rebellion by the Kashmiri people against repression by
the Indian Army. The situation thus remains unresolved and the UNSC has not managed to
do much here as well.

Thus, it may be seen that the UNSC has had an important role to play in the maintenance of
world peace and security. However, it has not been able to carry out the job it was initially
expected to do. This may also be attributed to the high expectations placed on the body. One
of the major drawbacks has been the exercise of veto power by the permanent members
which has many a times prevented passing of important resolutions. Further, another practical
problem which comes to the forefront is that of allocation of peace-keeping forces. This
depends on the resources of every member state and a state is not always under an obligation
to maintain such forces. This has made the availability of assistance doubtful especially in
situations when it is required. This also leads to power being entrusted in the hands of nations
contributing more such as the United States which accounts for more than 70% of the UN
Peacekeeping forces in most cases. Another problem which the UNSC has failed to resolve
has been that of disarmament especially nuclear disarmament. Though the cold war might
have come to an end with the fall of USSR, several nations of the world continue to possess
nuclear weapons and have refused to disarm. This poses a serious problem to world peace
especially in the long run. Many states justify it on the grounds of deterrence but whether or
not it shall lead to another world war shall be seen in the future. Never the less, the success
achieved by the SC cannot be totally undermined. In 2005 the Security Council adopted
resolution 1624 concerning incitement to commit acts of terrorism and the obligations of
countries to comply with international human rights laws. This resolution was adopted after
the United States’ declaration of War on Terrorism. Further, the UNSC was also successful in
helping the people of Darfur. The Rome Statute of the ICC recognises that the SC could
allow it to exercise jurisdiction where it could not have otherwise done so, thereby bringing
in the government within the purview of the court and also making the Sudanese President,
the first head of the state to be indicted by the ICC. Thus, it may be seen that though there
have been several drawbacks with respect to the SC’s peacekeeping functions, its role cannot
be ignored. The problem is primarily due to factors such as sovereignty of states being above
the UN, etc. Never the less, the UNSC must continue with maintaining international peace
and security without regard to achieving definite success as this was the very reason why it
was established.