Unblocking the UN security council: The uniting for peace resolution

Abstract

The United Nations Security Council's recent blocked attempts to address the deteriorating political and humanitarian situation in Syria have renewed calls for UN reform. From the Cold War until the present day, the fact that the UN system has failed to live up to the lofty expectations of its framers can be attributed in significant part to the threat and exercise of the veto by individual Permanent Five (P5) members of the Council. This situation can be attributed to an unequal- but politically necessary-compromise that took place between the great Allied victors of the Second World War and the remainder of the UN membership. The result was a division of powers between the Security Council and the General Assembly that has never found a satisfactory equilibrium. In light of this predicament, the author argues that a 1950 General Assembly resolution should be re-examined in the modern context as a possible means of mitigating the bad faith exercise of the veto. The 'Uniting for Peace' resolution, drafted by a P5 member, revealed the latent powers of the General Assembly existing within the UN Charter to make recommendations in lieu of a blocked Council, up to and including the use of force. However, it went too far when it assigned to the Assembly a role that effectively usurped the primary role of the Security Council in the maintenance of international peace and security. When P5 members realized that it potentially restricted their respective sovereign interests, it was relegated to obscurity. Nevertheless, read down to reflect a constitutional balance between the UN's primary organs, the resolution represents a viable tool capable of overcoming the worst effects of a veto exercised in circumstances that cry out for an international response.