The UN’s Responsibility to Protect & Reform of UN Security Council
Hans Corell
Former United Nations Under-Secretary-General for Legal Affairs and the Legal Counsel
Ivan Šimonović
Former Minister of Justice of Croatia- served as the UN Assistant Secretary-General for Human Rights
Alex Salmond
former first minister of Scotland ()
Melissa Parke
Executive Director of the International Campaign to Abolish Nuclear Weapons
Professor Jennifer Welsh
International relations professor and former Special R2P Adviser
Prof.Hans Kochler
Philosophy professor & the Founder and President of the International Progress Organization (I.P.O.)
The World Forum on the Future of Democracy, Tech and Humankind, 18th–19th February 2024, Berlin
Call for Action: Collectively, the panellists provided a comprehensive analysis of the challenges within the UN system that emphasizes on :
1. Immediate Structural Reforms: The panelists advocate for immediate structural reforms within the UN system, aiming at enhancing representation, transparency, and accountability. This may involve reassessing the composition of the Security Council, considering the inclusion of additional member states, and exploring mechanisms to limit the potential misuse of veto power.
2. Conflict Prevention Mechanisms: They underscore the importance of establishing robust conflict prevention mechanisms within the UN framework. This includes reevaluating national prevention strategies, bolstering the role of the Peace Building Commission, and creating proactive measures to address escalating global conflicts before they reach critical stages.
3. Reevaluation of Veto Power: The panelists call for a critical reevaluation of the veto power held by the Permanent Five members of the Security Council. Proposals may include mechanisms to limit its use in certain circumstances or exploring alternatives that balance the need for decisive action with the principles of inclusivity and fairness.
4. Mitigating Nuclear Threats: Addressing the urgent issue of nuclear threats, the panelists advocate for measures to uphold the Treaty on the Prohibition of Nuclear Weapons (TPNW). They stress the need for collective global efforts, including diplomatic initiatives and strengthened international cooperation, to mitigate the risks associated with nuclear proliferation.
Their nuanced perspectives contribute to the ongoing discourse on strengthening the UN's ability to address global crises and uphold the principles of justice and accountability.
Main Outcomes:
1. Critique of UN Charter's Flaws; pointing to the need for a change in the global power balance to encourage restraint in veto usage.
2. Advocacy for Veto Restraint: emphasized the dysfunction of the Security Council and advocated for reforms, including initiatives for veto restraint and the review of the UN Charter.
3. Role of General Assembly and Alternative Approaches: discussed the legality of P5 vetoes in atrocity situations and proposed alternative approaches and focused on practical reforms, emphasizing the role of the General Assembly in addressing the Security Council's limitations.
4. Urgent Need for Systemic Change: Overall, the panelists highlighted the urgent need for systemic change within the UNSC to address current global challenges, enhance effectiveness, and ensure representation and accountability.
Panel discussion Summary:
This Panel explores key insights and recommendations presented by distinguished panelists Prof Hans Corell, Alex Salmond, Melissa Parke, Ivan Simonovic, Prof. Jennifer Walsh, and Prof. Hans Köchler during a thought-provoking discussion on the challenges facing the United Nations Security Council (UNSC).
The panel, held under the theme of “UN’s Responsibility to Protect and Reformation of Security Council," provided a comprehensive examination of critical issues and proposed solutions to enhance the effectiveness and representativeness of the UNSC.
Professor Hans Corell, former Undersecretary General for legal affairs and legal counsel of the United Nations, as a first panelist to speak began his address by reflecting on a positive period in the organization during his tenure. He highlighted significant legal achievements, such as the establishment of the International Criminal Tribunal for the Former Yugoslavia and Rwanda and the United Nations Convention on the Law of the Sea. Corell delved into the UN's Responsibility to Protect (R2P), rooted in the 2005 General Assembly resolution, emphasizing the five criteria for legitimacy when considering the use of military force by the Security Council.
Shifting to the topic of UN Security Council reform, Corell underscored the critical role of the rule of law. He questioned whether the need for reform lies more with the United Nations itself or its member states. Advocating for statesmanship among the Council's permanent members, he called for a deeper understanding of their responsibility to address current global challenges, such as climate change and transboundary criminality. While recognizing the potential necessity of additional Security Council members, Corell cautioned against an overly large council.
Alex Salmond, a practicing politician with a less intimate knowledge of the UN structure, approached the issue of Security Council reform from a pragmatic standpoint. He acknowledged the inherent challenge of persuading an organization to reform when its structure provides vested interests in avoiding such changes. Salmond proposed practical initiatives to mobilize popular support for the UN globally, suggesting the inclusion of UN studies in school curricula as a condition for General Assembly membership.
Drawing an analogy with a bicameral parliament, Salmond proposed a mechanism where a proposal could override a veto with a substantial majority in the General Assembly. He stressed the need for essential progress in reform, recognizing the difficulties of achieving perfection. Salmond also criticized the misconception that the UN is a globalist organization and argued for aligning global actions with the organization's principles through mechanisms that reflect the UN's international and sovereign nature.
Melissa Parke highlighted the issue of impunity in Gaza and criticized the dysfunction of the UN Security Council (UNSC). She called for reforms in representation and veto power, suggesting a review of the UN Charter using Article 109. Commending initiatives by some countries, she proposed discussing this at the UN Summit of the Future in September. Parke expressed concerns about the UNSC's failures due to the veto power of the Permanent Five, mentioning challenges to the international rule of law. She noted the General Assembly's potential role in peace and security and discussed the Treaty on the Prohibition of Nuclear Weapons (TPNW) as a democratic approach led by countries outside the Permanent Five.
Highlighting the TPNW's inclusivity and 93 supporting states, she stressed the urgency of addressing nuclear threats amid global conflicts. Parke mentioned the doomsday clock's alarming update to 90 seconds to midnight, emphasizing the need to tackle nuclear and environmental crises simultaneously.
Building on Parke's insights, Ivan Simonovic delved into the complexities of the Responsibility to Protect (R2P) and the escalating challenges in conflict prevention. Simonovic stressed the necessity of comprehensive UN reforms, proposing practical measures such as pressuring the UNSC and enhancing the Peace Building Commission's role. The prevention of conflicts took center stage in Simonovic's recommendations, with a specific focus on reviewing national prevention strategies.
Professor Jennifer Walsh continued the exploration by addressing challenges in UNSC reform, with a specific focus on capacity, representativeness, and transparency. Walsh critically examined the issue of veto power, citing various initiatives aimed at its restraint. The concept of "Light Footprint Missions" and the advocacy for a UN Parliamentary Assembly emerged as key proposals from Walsh, offering alternative approaches to enhance democratic oversight and accountability within the UN system.
In a thought-provoking critique, Professor Hans Köchler analyzed the fundamental flaw in the UN Charter, pinpointing Article 27 and the inherent loophole in veto power. Köchler called for a recalibration of the global power balance to encourage restraint in the use of the veto. Despite audio constraints, Köchler raised significant concerns about impunity for atrocity crimes, contributing to the overarching narrative of the imperative need for systemic change within the UNSC.