UNSC Veto Reform: Should Permanent Membership and Veto Powers Be Reformed?
UNSC Veto Reform: Should Permanent Membership and Veto Powers Be Reformed?
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Why in News?
- A proposal at the current UN General Assembly session seeks to regulate the use of the UNSC veto during humanitarian crises and cases of genocide.
- It revives the French-Mexican Initiative (2015), which calls on the five permanent members (P5) to voluntarily refrain from using the veto in situations involving:
- Genocide
- Crimes against humanity
- Large-scale war crimes
- The initiative seeks voluntary restraint rather than abolition or amendment of the UN Charter.
- France and Mexico state that 128 countries now support the declaration, while France and the UK have accepted the principle among the P5.
Veto Debate: Three Distinct Issues
- Use of veto: Whether a P5 member should exercise the veto in a particular crisis.
- Accountability: Whether a P5 member should explain and defend a veto after using it.
- Structural reform: Whether the UNSC’s membership, categories and decision-making rules should change.
- The French-Mexican initiative addresses only veto restraint, leaving the legal veto power intact.
- The debate gained momentum after the Syrian crisis, when Chinese and Russian vetoes blocked Security Council action; the 2013 Ghouta chemical attack provided an additional trigger for the proposal.
Mechanisms Short of Charter Amendment
- Liechtenstein Initiative (2022):
- Requires the UN General Assembly to convene within 10 working days whenever a UNSC veto is cast.
- The vetoing state must explain and defend its position before the Assembly.
- Accountability, Coherence and Transparency (ACT) Initiative:
- Calls on all UNSC members, including non-permanent members, to avoid blocking credible action against genocide, crimes against humanity and war crimes.
- These mechanisms are primarily political and moral, rather than legally coercive.
Why Abolishing the Veto Is Difficult?
- Formal abolition would require UN Charter amendment, requiring approval by two-thirds of the General Assembly and ratification by two-thirds of UN members, including all five permanent members.
- None of the P5 has proposed eliminating the veto it possesses.
- The veto reflects the underlying distribution of global power: major powers are unlikely to accept binding decisions that directly threaten their fundamental interests.
- Hence, current reform efforts range across:
- Abolition of veto.
- Extending veto powers to new permanent members.
- Voluntary restraint in mass-atrocity situations.
- Greater accountability after a veto.
- Broader restructuring of the Council.
- A key weakness of voluntary restraint is that a political commitment is not legally binding and does not prevent a P5 member from subsequently using its veto.
UNSC Reform and India’s Position
- The UNSC has 15 members:
- 5 permanent members with veto power.
- 10 non-permanent members elected for two-year terms without veto power.
- The Council’s composition was last expanded in 1965, when non-permanent seats increased from 6 to 10.
- Group of Four (G4): India, Brazil, Germany and Japan support each other’s claims for permanent UNSC membership.
- L.69 Group: India works with developing countries from Asia, Africa, Latin America and the Caribbean and small island developing states for expansion of both permanent and non-permanent categories.
- India has advocated text-based negotiations in the Intergovernmental Negotiations process rather than open-ended discussions.
- India has served eight terms as a non-permanent UNSC member, most recently in 2021–22.
- The central reform challenge is to reconcile sovereign equality with the unequal distribution of political and military power, while making the UNSC more representative, accountable and effective.
