UNSC Veto Reform: Should Permanent Membership and Veto Powers Be Reformed?

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UNSC Veto Reform: Should Permanent Membership and Veto Powers Be Reformed?

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.

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