The study has endeavored to expand the reach of the UN Security Council, both in
size and in content. The UN, though often criticized, is an important and unique
international body as a platform for diplomacy and debate. Whether UN Security
Council can be improved through effective control by gigantic
organizations?Whether UN Security Council has to work for its reinstatement of
protection of world peace?
The peace and security provisions of the Charter, which have the organization's
focus in the Security Council, were initially prepared and adopted under the
influence of the League experience, the events leading up to World War II, and
the experience of the war itself. The primary responsibility for the maintenance
of international peace and security is placed on the Security Council.
The United Nations charter was signed on June 26, 1945. The charter came into
force on Oct. 24, 1945 by which time China, France, Russia, the United Kingdom,
the United States and a majority of the other signatories had ratified the
document. It was launched on the perilous international seas on January 10, 1946
when the first session of the General Assembly commenced in London. Two months
of negotiations at San Francisco resulted in agreement by the participating
nations to a document consisting of 19 chapters and 111 articles.
governments specified the purposes for which they were joining together accepted
obligations, and created machinery for international collaboration and the
process by which it would function. They also placed limitations upon the
organization, two steps to guard their sovereignty, reserved to themselves the
right to withdraw and anticipated the need for the review and probable
modification at another constitutional conference. Appended was the "statute of
the international court of Justice" of 5 chapters and 70 articles, all of which
was considered an integral part of the charter.
Until amended in 1965, the Charter provided that the Security Council should
consist of five permanent members and six other members elected by the General
Assembly for two-year terms, three members being elected each year. The names of
the five permanent members were listed in the Charter, thus introducing an
element of rigidity that did not exist in the case of the League Council.
principle professedly followed in determining the permanent members were that
those members of the organization who had made a major contribution to the
winning of the ward and who consequently would be expected to make the major
contributions to keeping the peace should be in a position to exercise
corresponding influence on substantive decisions of the Council. Clearly,
however, other considerations than these dictated the inclusion of France and
the Republic of China, neither of who, at the time the Charter was written, gave
promise of having this capability in the near future.
The Charter was prepared as well as the facts of international life gave
assurance that the peace and security provisions of the Charter would reflect
the special interests of the major powers and would be based upon a full
recognition of the importance of the power factor in international relations.
The initial preparatory work was done in the United States Department of State
where a draft plan was prepared which was submitted to the governments of the
United Kingdom, the Soviet Union, and the Republic of China, and was accepted by
them as the basis for the discussions at Dumbarton Oaks in the summer and early
fall of 1944.
The Dumbarton Oaks Proposals, representing the agreement of the
four participating governments, with some additions, were submitted to the
participating governments, with some additions, were submitted to the
participants in the San Francisco Conference and were accepted as the basis of
the discussion there. The work of the San Francisco Conference, from beginning
to end, was governed by the basic principle that any proposal which was
unacceptable to the major powers - the permanent-members-to-be of the Security
Council would not be adopted, as their membership in the organization was
Afghanistan has been plagued by warlordism, internal warfare, and foreign
invasions throughout its history. It was at the heart of the "Great Game"
between the Russian Empire and British India in the nineteenth and early
twentieth century. The final Afghan War, which pitted the mujahedeen against the
Afghan communist government and the Soviet Union with support from Pakistan, the
US, and other nations on one side and the Afghan communist government and the
Soviet Union on the other, concluded in 1989 with the latter's withdrawal.
People in Afghanistan hoped for a future of peace and prosperity in the
mujahedeen and Taliban, rather than the animosity that was to come.
the September 11th attacks in the United States, multinational armies invaded
Afghanistan. International terrorism has become a dangerous phenomenon
threatening the peace and security of all Nations although terrorism has long
been the part of human history, the least four decades have seen dramatic
increase in the use and scope of terrorist acts. during this time the phenomenon
has not only crossed regional boundaries but has acquired an international
character, and is spreading thorough the world. Terrorism is a tool, not a
political movement. Group from Ireland, the Philippines, the Korea,
Peninsula, Japan, Africa, the Middle East, Russia, Pakistan and the United
States have used to their political causes and goals precisely because it has
proved to be such an effective tool when small, powerless group confronts a much
larger, more powerful adversary.
Assassinations of Lord Mount Batten, Mrs. Indira Gandhi and Rajiv Gandhi in
India, Sardar Mohammad Daud Khan Prime Minister of Afghanistan and Dr. Najbullah
Ahmad zai former President of Afghanistan taking American embassy in Iran,
series of attack on Indian embassy Kabul, in India attack to red fort against
the symbols of democracy, parliament attack, series of routine bombing and proxy
attack which take life thousands innocence people in Afghanistan Iraq, Syria,
Palestine, Yemen, Kenya, Somalia and so on
The international conference peace conference held at Hague in 1899 and 1907 was
notable as major diplomatic gatherings convoked in time of peace with
involvement of a variety of subjects like the business of international
relations. After the break of world war I, an important international
organization took birth known as league of nations, which prescribed notable
great power also became a member it had so many organs, and the assembly of the
league of nations was represented organ and the work of organ and conducted
through six principal committee the council of the league of nations composed of
nine states the secretariat was head by secretary general who was the chief
administrative organ of the league.
The greatest success of League of Nations
was in the furtherance of co-operation in economic and social matters like
health traffic ion opium communication and to transmit economic and financial
problem protection of refugees. Trafficking of women and children etc. the
league of nation failed down due to split between France and Great Britain, the
failure of United states to ratify and there by become a member.
The main international conference a gathering of representatives from several
states was simply large in diplomacy. The peace of Westphalia in 1648 emanated
from such a conference as did the settlement after Napoleonic wars in 1815
through the conference of Vienna and even later the post 1918 and embodied in
the treaty Versailles. The creation of league of state, dedicated to maintenance
of peace, had been advocated in philosophical and juristic wiring and in the
aims of private organization. The immediate source of the league nations was,
however a proposal introduced at the peace conference of Paris 1919.
league's objective was to promote international cooperation and to achieve
international peace and security. The system of collective security envisaged
in the covenant rested essentially, on the notion of disarmament (Art.8) pacific
settlement of dispute, and outlay of war (Arts.11-15). The league's disbarment
failed dismally. The failure of the League of Nations to avert a second world
war did not destroy the conviction, shared by many that only by some form of the
general organization of state could a system of collective security be achieved
which would protect the international community from the scourge of war. The
United Nations and by 1943 the Moscow declaration had recognized the necessity
of establishing at the earliest practicable date a general international
organization based upon the principle of sovereign equality of all peace-loving
states large and small foe the maintenance of international peace and
The League of Nations did not prevent the outbreak of wars or the invasion of
one country over another. While the Second World War was in full swing, the
allied power for political and psychological reasons felt the necessity for
creating a new international organization better than the League of Nations for
establishing peace. The UNO arose on the ashes of the League of the Nations.
It is neither a supper state nor a world government.
The UN charter contains 111
articles in its constitution and it is divided into 26 chapters. It has a flag
of its own on which the globe is imprinted. The UN consist of 6 principal
organs and specialized agencies and other subsidiaries organs which may be
created from the principal organs for the realization of their different task.
It is an international cooperation between sovereign states for promoting
international peace and solidarity.
Art. 1 of UN talks about (i) maintenance of
international peace and security (ii) development of friendly relations among
the nations (iii) international cooperation in solving problem of social,
cultural, and humanitarian nature: promotion of and encouragement of respect of
human right and fundamental freedom and (iv) to be center for harmonizing the
actions of nations to achieve the end.
In order to ensure prompt and effective action by the UN, its members confer on
the Security Council primary responsibility for the maintenance of international
peace and security and agree that in carrying out its duties and in discharging
these duties security council shall act in accordance with the purpose and
principal of UN (Art.24)
In order to promote the establishment and maintenance of international peace and
security with the least diversion for armaments of the world 's human and
economic resources, the security council shall be responsible for the
formulation with the assistance of the military staff committees, plans to be
submitted to the members of the UN for the establishment of the system for the
resolution of armament (Art. 26).
As Afghanistan continues to sink further into a horrific economic and
humanitarian disaster, one global entity stands ready to assist the country: the
United Nations. While member nations debate whether or not to recognize the
Taliban's authority, the UN may still help the Afghan people. In reality, as an
international organization, it frequently assumes obligations that no one nation
desires. Despite its exclusion from US-Taliban discussions and intra-Afghan
peace talks, the UN is currently considered Afghanistan's principal source of
humanitarian aid. Individual governments will be able to overpower and undermine
the United Nations by prohibiting the organization from interacting with the
Taliban, exposing fundamental flaws in the UN system.
The United States was
authorized by the United Nations Security Council to topple the Taliban regime
in late 2001 as part of an effort against the terrorist al-Qaeda organization,
which was alleged to be based in the country. The US and its NATO partners were
also given permission to construct the International Security Assistance Force (ISAF)
to provide military support to a newly formed pro-Western administration (the
United States also continued to run a separate anti-terrorist military
operation). The United Nations Assistance Mission for Afghanistan (UNAMA) was
established in March 2002 to coordinate all UN humanitarian, relief, recovery,
and reconstruction efforts in Afghanistan. Afghanistan has remained a "failed
state" despite (or perhaps because of these military-focused policies.
Afghanistan fell into the hands of the Taliban. If there is one crisis that has
consistently eluded UN efforts to resolve it, it is the conflict in Afghanistan.
The political response of the United Nations to this war has been deeply
oblivious. The UN has been overwhelmed by the complexity of the Afghan
situation, and it has proven incapable of approaching the conflict from any
perspective other than the rigorously conventional one that has typified its
approach to conflict resolution in the past. Successive UN Secretary-General
representatives have been disappointed by their failure to adapt quickly to
Afghan reality, and the approaches they have taken have virtually always been
devoid of appropriate knowledge of the character of Afghan society and politics.
This lack of political success has had an impact on the country stability.
The objective of the research is to provide a platform for strategies for the
maintenance of peace and security, to provide constructive suggestions to
National organizations and international organizations for the restoration of
peace and stability to explore innovations in the area and the way forward.
This paper advanced the argument is that the UNSC has an institutional
responsibility to promote the framework conditions that will enhance mediation
interventions. The UN Security Council is endowed by the founding Charter, as
the institution responsible for establishing the framework conditions for
international peace and security. As such the UNSC is humanity best expression
of our aspiration and desire for a framework for promoting our collective
security. A historical retrospective reveal that the UNSC prevaricated during
the genocide in Rwanda. The UNSC created the not-so-safe havens in Srebrenica
that enabled pogroms against Bosnian Muslims. Today, juvenile brinksmanship
within the UNSC has allowed the Syrian crisis to deprive innocent children,
women and men of their human dignity due to the war crimes that they have had to
The member states conferred on the Security Council the primary responsibility
of maintaining international peace and security and sub limiting their sovereign
prerogative of using force. The member states might have not surrendered their
national interest to an over- arching Internationalism but there was an attempt
to redefine national interest in view of increasing interdependence within the
framework of an international organization. The founding members of the United
Nations who assembled at San Francisco in 1945 were determined to create an
institution that would be more effective than its predecessor (the League of
Nations) in maintaining world peace and security. The Security Council was
armed with greater powers than the League Council and members were obliged to
carry out its decisions regarding use of armed forces against aggressors.
However, with the disintegration of the Soviet Union and the emergence of US-led
unipolar world the working of this body has undergone a tremendous change.
In the period following World War II, the checks-and-balance mechanism existed
as the cold war between the power blocs (United States-led NATO and the Soviet
Union-led Warsaw Pact), neutralized each other's' hostile postures despite their
arms race. Although there was mistrust between the two power blocs, due to their
aggressive stance, they could ensure that World War did not break. But with the
disintegration of the Soviet Union at the end of the cold war, the United States
hijacked the global collective security mechanism through its economic influence
and military prowess; emerging world's watchdog. Apart from face-off with the
key players in the United Nations on security matters that affect its interest,
the United States faces one major challenge.
After the Soviet forces entered Afghanistan in December 1979, the US became
committed to force the Soviet Union to end its occupation and withdraw. It
wanted to score a point against the Soviet Union in the cold war by inflicting a
crushing and humiliating defeat on it. The US supported the Mujahedeen, without
ever looking into their credentials or ideology. When the Taliban arose from the
madrasas in Pakistan in 1994 with the avowed objective of getting rid of the
feuding and corrupt Mujahedeen rulers, the US only looked on. Some analysts even
suggested that the Taliban served American interests.
The US hoped that after
long years of turmoil, the Taliban would unite the country. Since the bombing of
the American embassies in Dar-e-Salaam in Tanzania and Nairobi in Kenya in 1998
had given a jolt to the US, its perception of terrorism underwent a radical
change. Al Qaeda's attack on the US on 11 September 2001 could only be compared
in its magnitude and impact with the Japanese attack on Pearl Harbour. These
attacks on the economic and political symbols of Western power constituted the
closure of an era of US invulnerability.
Written By: Mohammad Rasikh Wasiq
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, Student of LLM (International Law) -
ILS Law College, Pune
Email: [email protected]