Since Russia’s illegal invasion of its peaceful democratic neighbour Ukraine on 24 February 2022 there has been discussion about the status of Russia within the United Nations.

Some people argue that Russia has no right membership since it succeeded the seat after the dissolution of the Soviet Union in 1991 without question. Ukraine claims the constituent republics of the USSR declared in 1991 that the Soviet Union ceased to exist, and that should have removed the right of any of those entities, including Russia, to sit on the council. And why was Russia allowed to remain while the other nations which had been part of the USSR had to apply to join?

This contrasts with the situation of China, whose entry into the UN was subject to a resolution.

Perhaps even more important, why was Russia allowed to retain the seat on the 15-member UN Security Council which the USSR had occupied? No decision to permit Russia to the Security Council was ever put to the General Assembly. The UN charter was never amended after the USSR broke up. Moreover, it still references the Soviet Union, and not Russia, as one of the permanent members of the Security Council. This gives Russia the power to veto any resolution, a power it used on 25 February to block a resolution condemning its invasion of Ukraine.

This was a clear violation of Paragraph 3 of Article 27 of the UN Charter which says:

Decisions of the Security Council on [non-procedural] matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.

Christian Wenaweser, Liechtenstein’s U.N. ambassador, told the General Assembly: “We deplore the use of the veto in the Security Council this past Friday, cast in obvious contravention to Article 27(3) of the U.N. Charter. In the scope, scale, and form of its actions, the political leadership of Russia is perpetrating a simultaneous attack on the rules-based order.”

UN secretary general António Guterres has accused Russia of being in breach of the UN charter. A member of the United Nations which has persistently violated the principles contained in the charter may be expelled from the Organization by the General Assembly.

So could Russia now be expelled from the United Nations?

Unfortunately this can only be done after a resolution of the Security Council recommending such an expulsion, and Russia would undoubtedly veto any such resolution.

Ukraine has raised the previously mentioned issues with Russian membership of the UN with the Secretary General. However, given Russia’s current position and especially its veto in the Security Council, it seems that this criminal invader of another country is in an unassailable position.

The only possible solution would therefore be to remove the veto.

There has been discussion of reforming the Security Council for several years. For example in 2018 the General Assembly, which includes all member states, heard that, to meet emerging challenges of today’s increasingly complex international security and peace architecture, the United Nations Security Council must adapt, reform and expand its membership to include underrepresented regions, particularly Africa.

Delegates discussed a range of ideal solutions. Many called for broadening the number of permanent members beyond the current five (China, France, Russian Federation, United Kingdom, United States) and abolishing the permanent membership’s use of veto power to overrule the adoption of draft resolutions.

However the representative of the Russian Federation defended the veto, highlighting that its use has more than once spared the United Nations from getting involved in dubious enterprises.

It seems unlikely that any progress on reform will be made in the near future while nations such as Russia hold power within the community of the so-called United Nations.