On 27 July 2020 Together First published a report by international legal expert Mona Ali Khalil in which she outlines her recommendations for achievable, short-term reform of the UN Security Council.

In the report, Mona Ali Khalil makes a number of recommendations for upholding the responsibility of the UN Security Council and improving its working methods. All these reforms could be achieved in the short term, without the need for the difficult and
potentially impossible process of amending the UN Charter. Yet if they were fully implemented, they would significantly strengthen the Security Council’s ability to take prompt and effective action to fulfill its “primary responsibility for the maintenance of
international peace and security”.

Together First would like to highlight three recommendations in particular:

For UN member states

Make better use of “Uniting for Peace” [1], [2] in situations where the Security Council is prevented from fulfilling its primary responsibility to take prompt and effective action to maintain international peace and security. All states should recommend concrete measures under the mechanism and elected members of the Security Council should leverage the right to invoke “Uniting for Peace” in the event of a veto or the threat of a veto.

Resolution 377 [1] resolved that if the Security Council, because of lack of unanimity of the permanent members, fails to exercise its primary responsibility to act as required to maintain international peace and security…, the General Assembly shall consider the matter immediately with the view to making recommendations to Members…in order to restore international peace and security. If not in session, the General Assembly may meet using the mechanism of the emergency special session. [3]

To date, 10 emergency special sessions have been convened.

For the UN Secretary-General

Make greater use of his “Article 99 powers” to bring matters to the attention of the Security Council which in his opinion may threaten international peace and security, including early warnings by the High Commissioner for Human Rights, and to make concrete recommendations on measures to achieve prompt and effective action and to ensure accountability for violations of international humanitarian and human rights law.

Article 99 of the UN Charter states that “The Secretary-General may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security.” [5]

For members of the Security Council

Move away from the “single penholder” system whereby a small number of, predominantly permanent, members of the UN Security Council draft most Security Council resolutions and move towards more collaborative working methods where elected members have a more equal and active role in the drafting and consultation process.

The co-called penholder system enables three of the five permanent members of the Security Council—France, the UK and the US, referred to as the P3— to perform ongoing leadership roles on most country-specific and some thematic issues on the Council agenda.

The role of a penholder goes beyond the drafting of Council outcomes and includes, with rare exceptions, taking the initiative on all Council activities concerning that situation, such as holding emergency meetings, organising open debates, and leading visiting missions. The penholder also chairs negotiations over a draft and speaks first whenever the Council discusses the issue. [5]

Read the full report here

References

[1] Uniting for Peace is the name often given to United Nations General Assembly Resolution 377 adopted in 1950.

[2] Wikipedia article on Resolution 377: https://en.wikipedia.org/wiki/United_Nations_General_Assembly_Resolution_377

[3] https://ask.un.org/faq/177134

[4] Full text of UN Charter: https://www.un.org/en/sections/un-charter/un-charter-full-text/index.html

[5] https://www.securitycouncilreport.org/research-reports/the-penholder-system.php