Reform of UN
Decision-Making Structures
Even when there is
accurate and reliable information that genocide may occur, action
to prevent genocide must be approved by the United Nations
Security Council, in which five countries (China, France, Great
Britain, Russia and the United States) hold veto power. To
dispatch observers or troops under Chapter VI or VII of the
Charter requires the consent of each one of these countries, and
any of them can block action for any reason.
The potential problems
associated with the veto were vividly illustrated when Serbian
forces began a campaign of murder, mass rape and dislocation
against Albanian Kosovars in the spring of 1998. Because of
Russia's historical ties with the Serbs, it threatened to veto any
UN military action to stop the violence, forcing NATO to intervene
without Security Council approval. The delay in action led to a
greater loss of life and the almost total ethnic cleansing of
Kosovo, and forced NATO to take action which many claim was
illegal under international law because it was not sanctioned by
the Security Council.
While NATO did take action, there are many
regions of the world, particularly in Africa, where regional
organizations are neither willing nor able to intervene to prevent
or stop genocide. It is essential that the veto power not be used
to block action to prevent or stop genocide and that alternate
channels for action be established.
One way in which this
could be accomplished is through use of the Uniting for Peace
Resolution. Under this resolution, adopted by the General Assembly
in November 1950, the Assembly may take action if the Security
Council, because of a lack of unanimity of its permanent members,
fails to act in a case where there appears to be a threat to the
peace, breach of the peace, or act of aggression. The Assembly is
empowered to consider the matter immediately and make
recommendations to Members for collective measures, including, in
the case of a breach of the peace or act of aggression, the use of
armed force when necessary to maintain or restore international
peace and security.
Another option would
be to eliminate the veto altogether, or to restrict its use in
situations of potential or actual genocide or other mass murder of
civilians. Many believe that widespread democratic reform of the
United Nations decision-making structures, such as reform of the
General Assembly voting procedures or Security Council membership,
should occur concurrently to reform of the veto to ensure that a
small group of Security Council members cannot block action that
is otherwise widely supported and to ensure that the people of the world
are more accurately represented in the United Nations.
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