Gyaansanchaar law

Explain the constitution and functions of security council? | discuss the composition of security council?

Constitution of Security Council —

According to the charter of UNO Security Council is a principal organ of UN. It has 15 members, 5 permanent and 10 are non-permanent members. China, Russia, America, France and Great Britain and its permanent members. 10 non-permanent members are elected for two years. The retiring member of non-permanent category are not eligible for re-election immediately.

Functions of Security Council

1. To maintain international peace and security –– On this issue, the Security Council under the charter has many rights and powers. Article 24 para 1 provides that in order to ensure prompt and effective action by the United Nations, its member confer on the Council whose primary responsibility lies for the maintenance of international peace and security. The members also have agreed that the council shall act on their behalf in carrying out its duties. Under this responsibility in accordance with the objects and principles of UNO charter the members of the UNO agree to accept and carry out the decisions of the Security Council in accordance with the present charter. The decisions of the Security Council are binding on the members. According to article 26, to regulate the armaments and to frame plans for it, the responsibility lies with the security council.
2. To settle disputes with peaceful means — If any dispute is likely to endanger international peace and security, then it is to be settled by any of the peaceful means mentioned in article 33 para one. They are negotiation, enquiry, mediation, conciliation, arbitration and judicial settlements.
3. Elective functions –– Security Council perform certain functions related to elections. For example, security council and General assembly together elect the judges of the international Court of Justice and as such the Security Council is involved in the election functions.
4. Supervisory functions — The Security Council does some supervisory functions also. But in this respect its functions are not so far reaching as that of the General assembly. But since in reference to suspension and expulsion of members, the Security Council has important powers, hence it may be said that indirectly the Security Council supervises such actions. The member state against which proceedings are going on in the security council may be deprived of its rights and privileges on the recommendation of the Security Council by the General assembly by suspension of such rights and privileges till the member is absolved of the charges.
5. Constitutional functions — For amending the charter of the UNO if need be the Security Council plays an important constitutional role. Article 108 provides that amendment to the charter comes into force for all members of the UNO. when they have been adopted by a vote of two third majority of the General assembly and ratified by all the permanent five members of the Security Council. Hence, it may be said that no amendment in the charter is possible without the consent and approval of these great powers consisting of five permanent members of the Security Council. So far as constitutional functions are concerned, the Security Council is more important organ than the General assembly.

Powers of Security Council

The Security council has the following powers –

1. At first under article 39, the Security Council, deliberates to decide whether there is danger to peace, or peace has already been endangered or aggression or violation of border line has occurred and if its decision is in affirmative then to maintain international peace and security or to re-establish, peace and security It may resort to such actions as provided in article 41 and 42 of the charter.
   
2. The security council decides as to how its decision are to be implemented by some means other than the military and armed means and may direct the members of the UNO to enforce such means. Under article 41 to maintain the international peace and security, the security council may suggest the member states to sever all economic and other relations with the guilty state.
3. If the problem is not solved by the means adopted under article 41, then for maintaining international peace and security, or re-establishing it the Security Council, under article 42, may resort to military action with land, air and sea wings of the military. In these actions, parade of military forces, blockade and use of air, sea and land forces by the members of the UNO is included.
4. Under article 43, all members of the UNO are bound to contribute their military forces to the UNO for collective action, if need be. The military forces are given through special agreements. The security council, as such has right to use military forces, but in absence of a special agreements, this provision becomes useless. Because of mutual fear and suspicion. The efforts to establish international military force has not succeeded.
5. Where a State party after giving consent to ICJ refuses implement decision of the ICJ refuses to implement decision of the ICJ the security council may enforce that decision. This power is treated as sanctions of the international law and its police power to punish contemner states.