The United Nations Security Council and War:The Evolution of Thought and Practice since 1945 (143 page)
Authors: Adam Roberts,Vaughan Lowe,Jennifer Welsh,Dominik Zaum
79
Ibid., 373.
80
Ibid.
81
Joseph C. Grew,
Turbulent Era: A Diplomatic Record of Forty Years, 1904–1945
, vol. II (Boston, MA: Houghton Mifflin Company, 1952), 1446.
82
Welles,
Time for Decision
, 406.
83
According to Evan Luard, ‘both Churchill and Roosevelt at first favoured the idea of a post-war system in which power would be wielded mainly, or exclusively, by the great powers, and in which part of the responsibility would be accorded to regional bodies’:
A History of the United Nations
, 21. Roosevelt, however, soon relegated regional arrangements to a secondary status in his thinking.
84
British Documents on Foreign Affairs: Reports and Papers from the Foreign Office Confidential Print:
Part III
, Series L, World War II and General
, vol. 5 (General Affairs), Jan. 1945–Dec. 1945 (Bethesda, MD: University Publications of America, 1998), 318.
85
Gladwyn Jebb, ‘Memo to the Foreign Office of 9 August 1945’,
British Documents on Foreign Affairs
, 326.
86
Eden,
The Reckoning
, 619; and Jebb, memo,
British Documents on Foreign Affairs
, 318.
87
Eden,
The Reckoning
, 436–7.
88
Ibid., 514. Eden expressed concern about undue American enthusiasm for the UN (pp. 590 and 614), noted Churchill’s initial opposition to holding the founding conference during wartime (p. 598), and was later ‘despondent’ about the UN’s future (p. 620).
89
Webster, ‘Making of the Charter’, 23, 25, & 28.
90
Jebb,
Memoirs
, 112. He goes on to describe the thinking that led to the UK Foreign Office’s own Four Power Plan (pp. 112–17), the ensuing debates about it and competing conceptions within the British government, including from the Prime Minister (pp. 118–24).
91
Documents of the United Nations Conference on International Organization
, vol. XII, 457.
92
For an account of efforts to ‘Americanize’ the San Francisco conference, see Stephen C. Schlesinger,
Act of Creation: The Founding of the United Nations
(Boulder, CO: Westview Press, 2003), 111–26.
93
Stettinius,
Roosevelt and the Russians
, 16.
94
Russell,
A History of the United Nations Charter
, 96.
95
Luard,
A History of the United Nations
, 18–19.
96
Hoopes and Brinkley,
FDR and the Creation of the UN
, 69.
97
Franklin D. Roosevelt, ‘State of the Union Address’, 6 Jan. 1945,
www.presidency.ucsb.edu/ws/
index.php?pid=16595
98
Byrnes,
Speaking Frankly
, 60.
99
Russell,
A History of the United Nations Charter
, 156.
100
Luard,
A History of the United Nations
, 24; and Russell,
A History of the United Nations Charter
, 155.
101
Byrnes,
Speaking Frankly
, 64–5.
102
Stettinius,
Roosevelt and the Russians
, 296.
103
China Institute of International Affairs,
China and the United Nations
, 34–5.
104
Ibid., 43.
105
Documents of the United Nations Conference on International Organization
, vol. XII, 458.
106
Samuel S. Kim,
China, the United Nations, and World Order
(Princeton, NJ: Princeton University Press, 1979), 100.
107
Webster, ‘Making of the Charter’, 34.
108
Ibid., 33.
109
Documents of the United Nations Conference on International Organization
, vol. XI, 475.
110
Tom Connally,
My Name is Tom Connally
(New York: Thomas Y. Crowell Company, 1954), 283.
111
Evatt,
The United Nations
, 3.
112
Evatt,
The United Nations
, 24.
113
New Zealand Delegation,
Report on the Conference
, 23
114
Documents of the United Nations Conference on International Organization
, vol. XI, 434.
115
Ibid., 488.
116
Ibid., 489. Stettinius echoed these words in his post-San Francisco report to President Truman: ‘the cornerstone of world security is the unity of those nations which formed the core of the grand alliance against the Axis.’ Stettinius,
Report to the President on the Results of the San Francisco Conference
, 68.
117
Documents of the United Nations Conference on International Organization
, vol. XI, 475.
118
Pasvolsky,
Dumbarton Oaks Proposals
, 2.
119
Webster, ‘Making of the Charter’, 19.
120
The General Assembly’s Open-Ended Working Group on the Question of Equitable Representation on and Increase in the Membership of the Security Council began its work in 1993, a year in which Council activity reached unprecedented levels. For the Council’s record in 1993, see Edward C. Luck, ‘Rediscovering the Security Council: The High-level Panel and Beyond’, in Ernesto Zedillo (ed.),
Reforming the United Nations for Peace and Security
(New Haven, CT: Yale Center for the Study of Globalization, 2005), 138. For the Working Group’s Mandate, see UN doc. A/RES/48/26 of 3 Dec. 1993.
121
In June 2006, for example, the Secretary-General complained that ‘a lot of members feel that our governance structure is anachronistic and we cannot continue to have a situation where the power base is perceived to be controlled by a limited number of five Member States’ and that ‘the desire for power on the part of the powerful is insatiable’: Transcript of Press Conference by Secretary-General Kofi Annan at the Palais des Nations, Geneva, UN doc. SG/SM/10532 of 22 June 2006. For assessments of why recent efforts to reform the Council have yielded so little, see Thomas G. Weiss,
Overcoming the Security Council Reform Impasse: The Implausible versus the Plausible
, Occasional Paper No. 14, (Berlin: Friedrich-Ebert-Stiftung, 2005); Mats Berdal, ‘The United Nations at 60: A New San Francisco Moment?’,
Survival
47, no. 3 (Autumn 2005), 7–31; Edward C. Luck, ‘The UN Security Council: Reform or Enlarge?’, in Paul Heinbecker and Patricia Goff (eds.),
Irrelevant or Indispensable? The United Nations in the 21st Century
(Waterloo, Ontario: Wilfred Laurier University Press, 2005), 143–52; and Edward C. Luck, ‘How Not to Reform the United Nations’,
Global Governance
11, no. 4 (Oct.–Dec. 2005), 407–14.
122
Luck,
The UN Security Council: Practice and Promise
, 8, 17–19, 37–8, 59–62, and 175–6.
123
Human Security Report 2005: War and Peace in the 21st Century
(Oxford: Oxford University Press, 2005). According to the
Human Security Report Brief 2006
, these encouraging trends are continuing (The University of British Columbia, CA: Human Security Centre, 2006),
www.humansecuritybrief.info/
The full 2006 report will be published at the end of 2007.
124
In Larger Freedom: Towards Security, Development and Human Rights for All – Report of the Secretary-General
, UN doc. A/59/2005 of 2 Mar. 2005, para. 126.
125
Boutros Boutros-Ghali, ‘Supplement to an Agenda for Peace: Position Paper of the Secretary-General on the Occasion of the Fiftieth Anniversary of the United Nations’, UN doc. A/50/60 of 3 Jan. 1995), 18–19, paras. 77–8; and Kofi Annan,’ Renewing the United Nations: A Programme for Reform’, UN doc. A/51/950 of 14 July 1997, para. 107.
126
‘Address by the Secretary-General to the General Assembly’, UN doc. SG/SM/8891 of 23 Sep. 2003.
127
Kofi Annan, ‘In Larger Freedom: Decision Time at the UN’,
Foreign Affairs
84, no. 3 (May/June 2005), 65.
128
‘Secretary-General Presents His Annual Report to the General Assembly’, UN doc. SG/SM/7136 of 20 Sep. 1999.
129
See Edward C. Luck, ‘Principal Organs’, in Thomas Weiss and Sam Daws (eds.),
Oxford Handbook on the United Nations
(Oxford: Oxford University Press, 2007).
130
For current and authoritative information on the Council’s ongoing and upcoming activities and deliberations see
www.securitycouncilreport.org
an independent website, associated with the Center on International Organization of Columbia University, devoted to increasing the transparency of the Council’s work.
131
See, for example, the so-called S-5 (Switzerland, Costa Rica, Jordan, Lichtenstein, and Singapore) ‘Draft Resolution on Working Methods’. This took the form of an annex to a letter of 3 Nov. 2005 signed by the five Permanent Representatives,
www.reformtheun.org/index.php/government_statements/c466?
theme=alt2
1
‘War’ is argued by some to be a narrower technical term; it had been employed in the Covenant of the League of Nations. See Christopher Greenwood, ‘The Concept of War in Modern International Law’,
International and Comparative Law Quarterly
, 36 (1987), 283–306.
2
See also Adam Roberts’s discussion of proposals for a UN standing force in
Chapter 4
.
3
See the discussion by the International Court of Justice in the
Case Concerning Military and Paramilitary Activities in and against Nicaragua, Nicaragua v USA
, (hereafter the
Nicaragua case), ICJ Reports
, 1986, 14 at para. 235. The Court said that failure to report by a state indicated a lack of belief that it was really using force in self-defence.
4
See also
Appendix 7
.
5
Nicaragua case
, paras. 186–90.
6
See Heather Wilson,
International Law and the Use of Force by National Liberation Movements
(Oxford: Clarendon Press, 1988).
7
In the case of Korea the Security Council was able to take action because the USSR was boycotting its meetings in protest at the representation of the People’s Republic of China by the government of Taiwan.
8
See William Stueck’s discussion of the Korean war in
Chapter 11
.
9
See, for example, Dan Sarooshi,
The United Nations and the Development of Collective Security
(Oxford: Clarendon Press, 1999); Thomas Franck,
Recourse to Force: State Action against Threats and Armed Attacks
(Cambridge: Cambridge University Press, 2002), 24.
10
See also Mats Berdal’s discussion of peacekeeping in
Chapter 7
.
11
Article 2(7) prohibits UN intervention in matters which are essentially within domestic jurisdiction, but it does not apply to action taken under
Chapter VII
.
12
SC Res. 387 of 31 Mar. 1976; SC Res. 455 of 23 Nov. 1979; SC Res. 567 of 20 June 1985; SC Res. 568 of 21 June 1985; SC Res. 571 of 20 Sep. 1985; SC Res. 573 of 4 Oct. 1985; SC Res. 574 of 7 Oct. 1985; SC Res. 577 of 6 Dec. 1985; and SC Res. 611 of 25 Apr. 1988.
13
See Christine Gray,
International Law and the Use of Force
, 2nd edn. (Oxford: Oxford University Press, 2004), 252.
14
SC Res. 687 of 3 Apr. 1991.
15
High-level Panel,
A More Secure World: Our Shared Responsibility – Report of the High-level Panel on Threats, Challenges and Change
, UN doc. A/59/565 of 2 Dec. 2004.
16
The mandate for the NATO-led Implementation Force (IFOR) in Bosnia, for example, was limited to one year. See SC Res. 1031 of 15 Dec. 1995.
17
See also Dan Sarooshi’s discussion of the relationship between the Security Council and NATO in
Chapter 9
; and Adekeye Adebajo’s discussion of the relationship between the Council and ECOWAS in
Chapter 21
.
18
See, for example, Erika De Wet,
The
Chapter VII
Powers of the UN Security Council
(Oxford: Hart, 2004), 290; Franck,
Recourse to Force
, 155, Bruno Simma (ed.),
The Charter of the United Nations: A Commentary
, 2nd edn. (Oxford: Oxford University Press, 2002), 863.
19
Thus in the case of Kosovo, NATO states relied on SC Res. 1160 of 31 Mar. 1998; SC Res. 1199 of 23 Sep. 1998; and SC Res. 1203 of 24 Oct. 1998.
20
See also the Special Agora ‘Implications of the Iraq Conflict’,
American Journal of International Law
97, no. 3 (2003), 553–642.
21
Secretary-General’s Address to the General Assembly, 23 Sep. 2003.
22
High-level Panel,
A More Secure World.
23
Kofi Annan,
In Larger Freedom: Towards Security, Development and Human Rights for All – Report of the Secretary-General
, UN doc. A/59/2005 of 21 Mar. 2005.
24
‘2005 World Summit Outcome’ of 16 Sep. 2005, UN doc. A/Res/60/1 of 24 Oct. 2005, para 79.
25
For example, SC Res. 573 of 4 Oct. 1985 and SC Res. 611 of 25 Apr. 1988.