A PROJECT

ON
UN SECURITY COUNCIL
SUBJECT: PUBLIC INTERNATIONAL LAW

SESSION: 2023-24

SUBMITTED ON: 29 MARCH 2024

SUBMITTEDBY: SUBMITTED TO:

Mr. Rahul Bansiwal Mr. Jai Gautam

Roll No. 53 [Faculty Of Public

Class - VIII Semester International Law]

Section - A

UNIVERSITY FIVE YEAR LAW COLLEGE

UNIVERSITY OF RAJASTHAN

JAIPUR
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DECLARATION

I,Rahul Bansiwal, hereby declare that the project titled “UN Security Council” is based
on the original research carried out by me under the guidance and supervision of Mr. Jai
Gautam. The interpretations put forth are based on my reading and understanding of the
original text. The book, article and website etc. which have been relied upon by me have been
duly acknowledged at the respective place in the text.

For the present project which I am submitting to the university, no degree or diploma has been
conferred on me before, either in this or in any university.

DATE: SIGNATURE
29 March 2024 [Rahul Bansiwal]

Roll No. 53

Semester VIII-A

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CERTIFICATE

Mr. Jai Gautam Date: 29 March 2024

Faculty of Public International Law

University Five Year Law College,---

University of Rajasthan, Jaipur

This is to certify that Mr. Rahul Bansiwal student of VIII Semester, SEC-A of University

Five Year Law College, University of Rajasthan has carried out the project entitled “UN

Security Council” under my supervision and guidance. It is an investigation report of a minor

project. The student has completed research work in my stipulated time and according to the
norms prescribed for the purpose.

SIGNATURE

[Mr. Jai Gautam]

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ACKNOWLEDGEMENT

The present study relates to a comprehensive analysis of “UN Security Council” to give
clear underrating of the subject in broader perspective.

I am heartily grateful to, Mr. Jai Gautam, Faculty of Public International Law, University
Five Year Law College, University of Rajasthan, Jaipur, for having guided me through this long
& difficult journey that culminated in the present Project without whose co-operation,
stimulating inspiration, constant help, able guidance, innovative deliberations & continuous
supervision this work could not have seen the light of the day. Hence, I sincerely want to
express my deep sense of honor & gratitude towards him.

I shall be failing in my duty if I do not express my debt of gratitude to Dr. Akhil Kumar,
Director, University five-year law college, University of Rajasthan, Jaipur, for extending his
co-operation in the completion of this work.

I would also like to thank to all library staff & the remaining staff members of the Department
of Law, University of Rajasthan, Jaipur who have always extended an h& of co-operation
throughout the course of the research work.

SIGNATURE

[Rahul Bansiwal]

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Table of Contents

Declaration ....................................................................................................................
Certificate ......................................................................................................................
Acknowledgement.......................................................................................................

Chapter I : UN Security Council & It’s Members……….….……..…….………..6

Chapter II : Functions & Powers of UN Security Council…….………………..….8
Chapter III : Mechanism of UN Security Council………………………...………10
Chapter IV: Conclusion……………...……………………………………..……..12
Bibliography………………………………………………………………….…...13

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CHAPTER - I
UN SECURITY COUNCIL & IT’S MEMBERS
The United Nations Security Council was established in 1946 under the UN Charter that is
responsible for the maintenance of international peace and security of the countries. It is one of
the six principal organs of the United Nations. It is the only body in the UN system whose
decisions are binding on all its members. The Security Council is a decision-making
body, which imposes legally binding obligations on its members and the council has several
tools for the prevention and management of conflicts. The council plays an important role in the
governance of the UN system. It possesses responsibilities such as approving the admission of
new members to the UN, appointing the Secretary-General and senior UN officials, and
conducting elections of the judges of the International Court of Justice (ICJ) with the UN. The
Security Council has the authority to establish peacekeeping and special political missions,
authorize military enforcement and refer cases to the International Criminal Court (ICC). It has a
unique responsibility and decision making power which makes it one of the main organs of the
United Nations.

Chapter VI of the UN Charter authorizes the council to make recommendations for resolving
the conflicts by various peaceful means and Chapter VII of the Charter authorizes the council
for enforcement measures including sanctions and military force. It has developed and refined
the use of non-military measures and may send a peacekeeping mission to help the parties to
keep opposing forces.

The United Nations Charter established six main organs of the United Nations including the
Security Council. It held its first session on 17 January 1946 at Church House, Westminster,
London. In its meeting, the council adopted the provisional rule of procedure. The provisional
rules were the results of lengthy debates in the Security Council. Since its first meeting, the
headquarters of the Security Council has been in New York. Also, its representatives have
travelled to various cities to hold its sessions.

The Security Council is the only United Nations organ that has the power to make decisions that
member states are obligated to implement. It has five permanent members, they are – China, UK,
USA, Russia, and France. These were considered as military powers when the UN was founded

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and enjoyed veto power while creating a balance when making decisions on security issues that
would be collectively enforced. Veto power can be exercised when a country is against a draft
decision to prevent the adoption of that resolution. Ten non-permanent elected members are
elected by the General Assembly and retire on rotation every two years. A member who is
retiring is not eligible for immediate re-election.

The non-permanent member is chosen to have an equitable representation among the geographic
region with the other five permanent countries. The presidency is held for a month by every
member in a rotation. It rotates alphabetically every month. If the president of a country is
directly involved in the dispute then he/she may not be able to preside over the problem which is
going to be discussed. Each member has one vote. Article 27 of the UN charter

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CHAPTER - II
FUNCTIONS & POWERS OF UN SECURITY COUNCIL
 FUNCTIONS OF UN SECURITY COUNCIL

The main function is to look after international peace and security. The primary responsibility of
the Security Council is to maintain international peace and security and meets whenever peace is
threatened.

 United Nations Security Council (UNSC) has been passed to support peace processes, solve
disputes, respond to illegitimate uses of force and enforce sanctions in situations where
peace and security are threatened.

 UNSC resolutions have been central for tackling conflict situations and demonstrated
extensive joint action to respond to the crises.

 The council’s function is to review the UN peacekeeping operation, consult on the issues of
the specific countries, and monitor the implementation of sanctions through its committee.

 With or without agreement with the national government, the council can take action to
protect the civilians from the conflict by allowing access to the cross border for
humanitarian organizations.

 When there is a conflict the council recommends the parties reach the agreement through
peaceful means and appoints a special representative to assist and guide efforts to resolve the
conflicts.

 UNSC mandates range from protecting civilians to supporting state-building efforts; the list
has been more extensive to improve the strategy towards sustainable peace.

 The council has the right to direct the government to limit the stockpiling of certain weapons
or disarms by nuclear non-proliferation and destruction of chemical weapons.

 UNSC has the power to determine the existence of a threat to the peace or the act of
aggression and to recommend what actions should be taken.

 UNSC imposes diplomatic relations severance, financial restriction and penalties, and
collective military actions if required.

 It has the power to formulate plans for the establishment of a system to regulate armament
and to recommend methods of adjusting such disputes or the terms of the settlement.

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 Has the power to call on members to apply economic sanctions and other measures not
involving the use of force to prevent or stop aggression.

 UNSC has the power to recommend the admission of new members as well as recommend
the appointment of the Security General to the assembly, and elect the judges of
the International Court of Justice. These recommendations are given to the General
Assembly.

 Also, investigate any dispute or situation which might lead to international friction.

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CHAPTER - III
MECHANISM OF UN SECURITY COUNCIL
United Nations Security Council is the most powerful organ of the United Nations. The decisions
taken by the council are know as United Nations Security Council Resolutions. Unlike other
organs of the United Nations, Chapter VII of the U.N. Charter gives power Security Councils, to
fulfil comply with its responsibility, enforcing actions in case of threats to the peace, breach of
the peace or acts of aggression . Security Council has its international military force, which is
used for applying military sanction . It may apply diplomatic, economics and other sanctions.

When a complaint concerning a threat to peace is brought before the Security Council, the
Council's first action is usually to recommend to the parties to try to negotiate and reach to an
agreement by peaceful means. If in case it is not possible for the parties to reach to an agreement
then the Security Council will decide what measures should be used to restore peace. The
Dumbarton proposals emphasized the establishment of an executive organ, whose membership
might be limited but should be entrusted with the most important responsibility of maintaining
international peace and security.

In San Francisco Conference, it was finally decided to establish such organ in the form of
Security Council . United Nations Security Council is one of the principle organs of the United
Nations. Security Council has five permanent members and ten non-permanent members. China,
Russia, France, America and Britain are the permanent members of the Security Council.

Prior to 31st August 1965, the Security Council consisted of 11 members. But on 17th December
1963 Article 23 of U.N. Charter was amended. After the amendment, the Security Council now
consists of 15 members out of which 5 are permanent members and 10 are non-permanent
members. This amendment came into force on 31st August 1965 . 10 non-permanent members
are elected for a period of 2 years by the General Assembly, and are not immediately eligible for
re-election.

The procedure for voting is enumerated in Article 27 of the U.N. Charter. The voting procedure
is as follows:

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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 nine members.
3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of
nine members including the concurring vote of the permanent members. Provided that, in
decision under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall
abstain from voting.

A negative vote cast by a permanent member on a substantial matter is called a Veto. For casting
a veto it is necessary that the representative of a permanent member desiring to exercise this right
must be present and cast his vote in the meeting of the Security Council. Procedural matters are
not subject to a Security Council veto . This provision is important because it prevents the veto
from being used to avoid discussion of an issue.

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CHAPTER - IV
CONCLUSION

Since the establishment of the Security Council, it has served as a key forum for addressing
security challenges. It is an important organ of the United Nations Organization and plays an
important role in maintaining the peace and security of the country. UNSC has various powers
through which it can monitor the implementation of sanctions through the committees and can
solve the dispute peacefully. In cases where conflict is arising the council may issue ceasefire
directives to promote the peacekeeping forces or use enforcement action i.e. sanctions. The
permanent members who have veto power prevent the council from fully asserting the role of
maintaining peace and security in the country. Due to internal conflict between the members of
the UNSC, the general assembly has approached the council and suggested some measures to
protect the rights of citizens from risk. Also, the Security Council should keep a check on women,
children, and the elderly as they are the ones whose violation of human rights is at its peak.

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BIBLIOGRAPHY
 BOOK REFERENCES
1. International Law & Human Rights, Dr. S. K. Kapoor ,Central Law Agency, 22nd Edition ,
2021

 WEB SOURCES
1. https://www.un.org/securitycouncil/

2. https://www.legalserviceindia.com/legal/article-14082-un-security-council-and-india..

3. https://blog.ipleaders.in/role-of-security-council-in-the-maintenance-of-international-peace-
and-security-current-position/

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