INDIVIDUAL ASSIGNMENT

TECHNOLOGY PARK MALAYSIA

AM25633-6-GPP
GOVERNANCE AND GLOBAL POLICY

The Security Council

APT3F2103IR

NAME : JESICA DWI NOVIA PUTRI

STUDENT ID : TP052614
1.0 Introduction

The adverse effects of World War I and World War II have sparked human concern for
international peace and security. This concern is stated in the opening of the UN charter which
reads: "We the Peoples of the United Nations determined to save our succeeding generations
from courage of war, which twice in our lifetime has brought sorrow to mankind and ...". This is
the background for the formation of the United Nations. To date, 193 countries have become
members of this international organization, this includes almost all countries in various parts of
the world. The main purpose of the establishment of this organization is to maintain security and
peace relations between countries. This task is assigned to one of the six main organs of the
United Nations, the Security Council. The roles of the Security Council enshrined in the UN
charter include: The United Nations Security Council acts on behalf of all members of the United
Nations; decisions of the United Nations Security Council are binding on all member states and
non-members of the United Nations. This assignment analyzes the role of the UN Security
Council in maintaining international peace and security.
2.0 The Role of Security Council

The establishment of the United Nations as an international organization with a large

membership has become an organization that has a very significant presence. The United Nations
is a universal organization with general competence. The United Nations is a forum for the
international community to coordinate, resolve all problems or conflicts that occur in various
parts of the world. The main objective of establishing the United Nations is to maintain
international peace and security. To achieve this goal, the United Nations takes effective joint
steps to prevent and avoid threats of aggression or other violations of the peace, and seek a
settlement through peaceful means, in accordance with the principles of justice and international
law (Article 1, paragraph (1)). United Nations charter). With the aim of maintaining international
peace and security, the United Nations has laid down five basic principles in its charter,
including:
1. Principles for peaceful settlement of international disputes (article 2, paragraph 3 in
conjunction with Chapters VI and VII of the Charter).
2. The principle of not using threats or violence (Article 2 paragraph 4 Charter).
3. The principle of responsibility for determining the existence of a threat (Article 39).
4. Principles regarding the regulation of armaments (Article 26 of the Charter).
5. General principles regarding cooperation in the field of maintaining international peace
and security (Article 11 paragraph 1 of the Charter).

In the event of a dispute that threatens world peace, the United Nations agencies involved
in maintaining international peace and security participate in resolving the dispute. The Security
Council has the main responsibility for maintaining international peace and security (Article 24
paragraph 1 of the Charter). The Security Council under the charter is considered extensive
enough to provide opportunities for the organization, this is useful for formulating and
distinguishing its powers from the more general and less coercive powers of the General
Assembly. The UN Security Council has a dominant role in efforts to create world peace and
security, especially in terms of resolving international disputes that occur between countries in
the world. One of the efforts made by the UN Security Council is to send peacekeepers. The UN
Charter does not clearly authorize the UN Security Council to establish a peacekeeping force.
The UN Charter does not prohibit the UN Security Council from establishing a peacekeeping
force. This is based on Article 29 of the UN Charter which states that the UN Security Council
can establish a supporting organ if it is deemed necessary (International Court of Justice,). Since
1948, the United Nations has sent 56 peacekeeping troops, of which 41 have been designated by
the UN Security Council in the last 12 years.
The UN Security Council has the right to urge peacekeepers to take measures to prevent
civil war within a country. The UN Security Council has a role in selecting the UN
Secretary-General. The UN Charter assigns the Secretary-General for political responsibility.
The role of the UN Security Council in selecting the Secretary-General is due to its relevance to
peace and security considerations which are part of the Secretary-General's duties. In addition to
its role in the appointment of the Secretary-General of the United Nations, the UN Security
Council also has a role in the selection of the judges of the International Court of Justice. In
addition to its role in the appointment of the Secretary-General of the United Nations, the UN
Security Council also has a role in the selection of the judges of the International Court of
Justice. The authority in the selection of judges of the International Court of Justice is mandated
by the Statute to the UN Security Council whose implementation is accompanied by the General
Assembly.
The decisions of the UN Security Council are divided into two matters, decisions on
procedural matters and non-procedural matters. Decisions on procedural matters are determined
by the votes of nine members. For non-procedural matters, decisions are made by a vote of nine
members including the votes of the permanent members of the UN Security Council.
Non-procedural issues are those that concern dispute resolution and action for violence. The
decision of the United Nations Security Council regarding the peaceful settlement of disputes
can lead to two possibilities. The decision of the UN Security Council will be obeyed by the
parties involved or vice versa. As Derek Bowet writes in The Impact of Security Council
Decisions on Dispute Settlement Procedures, “There are two possible situations: a Security
Council decision is either irrebutable, or rebutable. The merits, or demerits, of these alternatives
need to be examined separately”
Article 39 of the UN Charter states that the UN Security Council can declare that a
situation has threatened international peace and security, and the UN Security Council must
make recommendations or decisions on what action to take. This article does not provide clear
provisions regarding the limits of a situation that is said to be a situation that threatens
international peace and security. Assessment of a situation that threatens international peace and
security is the authority of the UN Security Council. Therefore, the UN Security Council is given
the authority to investigate a case to determine whether the case can threaten international peace
and security as stated in Article 34 of the UN charter.

3.0 Case Study

The conflict that hit Libya in 2011 involved the UN Security Council in resolving the
conflict. In Resolution 1973 issued on March 17, 2011, in the consideration of UN Security
Council resolutions, it was stated that the Libyan conflict was a conflict that had disrupted
international peace and security. In the consideration section, the UN Security Council also
stated that the Libyan conflict may be a crime against humanity because attacks on civilians were
carried out in a systematic and widespread manner. In addition to attacks carried out
systematically and widely, the pro-Muammar Gaddafi also attacked the opposition
indiscriminately. In the Libyan conflict, the UN Security Council's request for attention to the
conflict was not submitted by the Arab League, the African Union, and the Secretary-General of
the Organization of the Islamic Conference (OIC). The three organizations are concerned about
the situation in Libya and condemn the radical actions of the pro-Muammar Gaddafi party aimed
at the opposition, which also threatens the safety of the Libyan civilian population. The three
organizations asked the UN Security Council to be involved in conflict resolution as a form of
maintaining international peace and security, because the Libyan conflict was considered to be a
crime against humanity that was widespread and systematic (Resolution 1970, 2011).
The conflict resolution mechanism through the UN Security Council can be carried out in
two ways, namely through a peaceful settlement and through the actions listed in Article 41 and
Article 42 of the UN Charter. The two conflict resolution mechanisms need to be seen in the
reality of conflict resolution in Libya. In resolving conflicts before the UN Security Council, the
UN Security Council will first provide recommendations for a peaceful settlement. The peaceful
settlement referred to is the methods of settlement as stated in Article 33 paragraph 1 of the
United Nations Charter, namely, negotiation, investigation, mediation, conciliation, arbitration,
courts, submitting problems to regional organizations, or peaceful means chosen by the parties.
party. Peaceful conflict resolution through negotiation, investigation, mediation, and conciliation
is also known as peaceful conflict resolution through diplomatic channels. Meanwhile, peaceful
settlement through arbitration and courts is also known as legal conflict resolution.
In the Libyan conflict, the UN Security Council provided a peaceful conflict resolution as
stated in paragraph 4 of Resolution 1970, namely by referring the Libyan conflict resolution to
the International Criminal Court. In resolving the Libyan conflict, the UN Security Council did
not provide a resolution to the conflict through diplomatic channels but instead provided a legal
settlement of the conflict. The decision of the UN Security Council to refer the Libyan conflict to
the International Criminal Court is justified and in accordance with Article 37 of the UN Charter.
If the UN Security Council feels that the conflict it faces will disrupt international peace and
security, the UN Security Council may refer the conflict to the International Court of Justice.
Due to the fact that the Libyan conflict tends to become a systemic and widespread crime against
humanity, and the International Criminal Court has the authority to adjudicate the issue, the
Libyan conflict is referred to the International Criminal Court.
If a peaceful conflict resolution cannot be achieved, and what happens is the opposite,
namely exacerbating the conflict so that it threatens international peace and security, the UN
Security Council can use its authority to take the actions set out in Articles 41 and 42 of the UN
Charter. Article 41 of the UN Charter states that the Security Council may decide not to use
armed force in its engagement. The actions taken are only in the form of severing economic
relations, communication, and also severing diplomatic relations. This action is intended to make
it difficult for the country concerned to obtain its needs. This action is also known as the
provision of economic sanctions. Charter 42 of the United Nations Charter states that the
Security Council may decide to use armed force in its engagement. The use of this armed force
can be carried out by means of blockades and military operations carried out by members of the
United Nations. This action is also known as the imposition of military sanctions.
As a follow-up to efforts to resolve the Libyan conflict, the UN Security Council issued
two resolutions. Resolution is a general legal instrument for UN organs to make
recommendations or statements, considering facts, statements of opinion, or other matters (Justin
S. Gruenberg, 2009). The first resolution issued by the UN Security Council was Resolution
1970. After the resolution was issued and did not provide any changes to the Libyan conflict, the
UN Security Council again issued a resolution called resolution 1973. The issuance of these two
resolutions shows that the UN Security Council has implemented peace enforcement measures,
namely concrete actions in the form of the application of economic or military sanctions against
situations that threaten international peace and security.
Resolution 1970 was issued on February 26, 2011. The background to the issuance of
Resolution 1970 was the concern and condemnation of the UN Security Council against violence
directed against the civilian population, as well as in response to the criticism of the Arab
League, African Union, and the Secretary-General of the OIC on the Libyan conflict. It was
previously explained that the provisions of Resolution 1970 contain the peaceful settlement of
the Libyan conflict through the courts by referring the Libyan conflict to the International
Criminal Court. On the other hand Resolution 1970 is also the decision of the UN Security
Council to impose economic sanctions on Libya. It is said to be the imposition of economic
sanctions, because in one of the provisions of the resolution it is stated that the UN Security
Council prohibits the supply of weapons to Libya which is also known as an arms embargo. With
the arms embargo into Libyan territory, the Libyan government will find it difficult to meet the
needs of weapons to fight the opposition. The provisions of the arms embargo into Libyan
territory excluded weapons used for humanitarian protection, protective clothing including
bulletproof jackets and military helmets to be used by UN personnel, media representatives, and
workers of medical and humanitarian aid agencies, as well as supplies of weapons that were
previously approved. by the United Nations Security Council Committee. The implementation of
the provisions of Resolution 1970 did not proceed properly. The situation in Libya is
deteriorating and civilian casualties are increasing. The failure to implement the provisions of
Resolution 1970 was due to Moamar Gaddafi ignoring Resolution 1970 and considering
Resolution 1970 as a flawed resolution. The international community increasingly criticized the
actions of the pro-Muammar Gaddafi party and asked the UN Security Council to immediately
take action on the situation.
The implementation of the provisions of Resolution 1970 did not go well. The situation
in Libya is deteriorating and civilian casualties are increasing. The failure to implement the
provisions of Resolution 1970 was due to Moamar Gaddafi ignoring Resolution 1970 and
considering Resolution 1970 as a flawed resolution. The international community has
increasingly criticized the actions of the pro-Muammar Gaddafi party and asked the UN Security
Council to immediately follow up on the situation. Resolution 1973 was issued on March 17,
2011. This resolution is the second follow-up to Resolution 1970 as well as an effort to protect
the civilian population from the effects of the conflict which is getting worse day by day.
Resolution 1973 contains several main provisions which are the same as the main provisions of
Resolution 1970, namely the main provisions regarding the arms embargo, prohibition of transit
for the parties referred to in Annex I of Resolution 1970, as well as the freezing of assets and
economic resources owned by the parties concerned. in Annex II of Resolution 1970. In addition
to the above provisions, Resolution 1973 contains additional provisions aimed at protecting the
civilian population. As a form of implementation of Resolution 1973, a number of countries such
as France, Britain, and the United States, as well as NATO defense organizations were involved
in the Libyan conflict. The involvement of the three countries together with NATO is an
engagement to provide protection for the civilian population. The form of involvement of
Britain, France, and the United States is to provide weapons assistance to the opposition to fight
the government as a pro-Muammar Gaddafi party. While the form of involvement of defense
organizations is to contribute directly to the battle against the pro-Muammar Gaddafi party. The
involvement of the three countries together with NATO aims to provide protection to the civilian
population.
Based on the explanation above, in resolving the Libyan conflict, the UN Security
Council has given a decision to settle peacefully through legal channels by submitting the
settlement of the Libyan conflict to the International Criminal Court. The decision for a peaceful
settlement went hand in hand with the imposition of economic sanctions on Libya through
Resolutions 1970 and 1973. Apart from being an effort to resolve the Libyan conflict, the two
resolutions were also an effort to stop human rights violations against the Libyan civilian
population.

4.0 Conclusion

Based on the results of research and discussion in chapter III, the conclusions that can be
drawn are as follows:
1. The Authority of the UN Security Council in the Settlement of the Libyan Conflict
The involvement of the UN Security Council in resolving the Libyan conflict is
justified and in accordance with the authority of the UN Security Council. This is because
 the Libyan conflict is categorized as a situation that disturbs international peace and
security.
2. Real Actions of the UN Security Council in Resolving the Libyan Conflict
a. The first action in resolving the Libyan conflict, the Security Council issued
Resolution 1970, which contained the submission of a conflict resolution to the
International Criminal Court as well as the imposition of economic sanctions in
the form of an arms embargo on Libya.
b. The second action in resolving the Libyan conflict, the UN Security Council
issued Resolution 1973, which contains the provision of economic sanctions and
also calls for UN member states to get involved in protecting the Libyan civilian
population.