# منتديات القانون العام والإقتصاد > القانون الدولي العام > Public International Law >  United Nations Security Council

## سالي جمعة

[align=left]United Nations Security Council
From Wikipedia, the free encyclopedia
The United Nations Security Council (UNSC) is the organ of the United Nations charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of international sanctions regimes, and the authorization for military action.[1] Its powers are exercised through United Nations Security Council Resolutions.

History
The Security Council held its first session on 17 January 1946 at Church House, London.

Since its first meeting, the Council, which exists in continuous session, has traveled widely, holding meetings in many cities, such as Paris and Addis Ababa. For the most part, however, it has remained located at UN Headquarters — first at Lake Success in New York and then at its current home in New York City.

Significant changes in the Council’s composition have occurred on three occasions. In 1965, amendments to articles 23 and 27 of the Charter came into effect, increasing the number of elected members from six to ten.

In 1971, the General Assembly voted to remove the Republic of China representative, establishing that a delegate from the People's Republic of China was the legitimate representative of China. Because the issue was presented as one that involved which delegation would properly represent China instead of admission or expulsion of a member, this issue required only action by the General Assembly. Under typical circumstances, removal of a member from the Council requires endorsement from Council itself, or the amendment to article 23 that specifies the identity of the permanent members on the Council.

Similarly, there was no amendment to article 23 following the collapse of the Union of Soviet Socialist Republics in 1991. In much less contentious circumstances the Russian Federation acceded to the former Soviet seat.


Members
The basic structure of the UNSC is set out in Chapter V of the UN Charter.

Security Council members must always be present at UN headquarters in New York so that the Security Council can meet at any time. This requirement of the United Nations Charter was adopted to address a weakness of the League of Nations since that organization was often unable to respond quickly to a crisis.

The role of president of the Security Council involves setting the agenda, presiding at its meetings and overseeing any crisis. It rotates in alphabetical order of the Security Council member nations' names in English.

There are two categories of membership in the UN Security Council: permanent members and elected members.


 Permanent members

The Council seated five permanent members who were originally drawn from the victorious powers after World War II:

 The Republic of China 
 The French Republic 
 The Union of Soviet Socialist Republics 
 The United Kingdom of Great Britain and Northern Ireland 
 The United States of America 
Two of the original members, the Republic of China and the Soviet Union, were later replaced by recognized successor states, even though Article 23 of the Charter of the United Nations has not been accordingly amended:

 The People's Republic of China 
 The Russian Federation 
Since the stalemate of the Chinese Civil War, there have been two states claiming to represent "China" and thus both officially claim each other's territory. In 1971, the People's Republic of China was awarded China's seat in the United Nations by UN General Assembly Resolution 2758, and the Republic of China (which had lost mainland China and been in Taiwan since 1949) soon lost membership in all UN organizations. In 1991, Russia, being the legal successor state to the Soviet Union, acquired the originally-Soviet seat, including the Soviet Union's former representation in the Security Council.

The five permanent members of the Security Council are the only nations recognized as possessing nuclear weapons under the Nuclear Non-Proliferation Treaty, although it lacks universal validity, as some nuclear nations have not signed the treaty. This nuclear status is not the result of their Security Council membership, though it is sometimes used as a modern-day justification for their continued presence on the body. India[2], Pakistan[3] and North Korea[citation needed] possess nuclear weapons outside of the anti-proliferation framework established by the Treaty. Israel does not officially confirm or deny having nuclear weapons, but is generally believed to[4].

In 2004, four of the five permanent members were also the world's top four weapons exporters when measured by arms value; China was seventh.[citation needed]

Each permanent member has the power to veto any substantive resolution. (See Veto power, below.)

The Permanent Representatives of the U.N. Security Council permanent members are Wang Guangya, Jean-Marc de La Sablière (until November 2007), Vitaly Churkin, John Sawers and Zalmay Khalilzad.[5]


Elected members

Ten other members are elected by the General Assembly for two-year terms starting on 1 January, with five replaced each year. The members are chosen by regional groups and confirmed by the United Nations General Assembly. The African bloc chooses three members; the Latin America and the Caribbean, Asian, and Western European and Others blocs choose two members each; and the Eastern European bloc chooses one member. Also, one of these members is an Arab country, alternately from the Asian or African bloc.[6]

The current (2008) elected members, with the regions they were elected to represent and their Permanent Representatives, are:

[IMG]http://img76.imageshack****/img76/1784/51657146bg2.gif[/IMG]
For a view of the council layout click this link http://www.undispatch.com/UN%20Secur...%20-%20BBC.gif Until 2000 Israel was the only United Nations member country not a member of any regional group and so could not be elected to the Security Council or become involved in many consultative UN bodies. Israel would normally fall within the Asia group but many Arab states blocked Israel's inclusion in this group. In 2000 Israel was granted temporary membership in the Western European and Others Group (WEOG) and this was extended indefinitely in 2004. Israel is limited in the activities that it can undertake as part of WEOG.[7]


Veto power

Under Article 27 of the UN Charter, Security Council decisions on all substantive matters require the affirmative votes of nine members. A negative vote, or veto, by a permanent member prevents adoption of a proposal, even if it has received the required number of affirmative votes. Abstention is not regarded as a veto despite the wording of the Charter. Since the Security Council's inception, China (ROC/PRC) has used its veto 6 times; France 18 times; Russia/USSR 122 times; the United Kingdom 32 times; and the United States 81 times. The majority of Russian/Soviet vetoes were in the first ten years of the Council's existence. Since 1984, China (ROC/PRC) has vetoed three resolutions; France three; Russia/USSR four; the United Kingdom ten; and the United States 43.

Procedural matters are not subject to a veto, so the veto cannot be used to avoid discussion of an issue.


Status of non-members
A state that is a member of the UN, but not of the Security Council, may participate in Security Council discussions in matters by which the Council agrees that the country's interests are particularly affected. In recent years, the Council has interpreted this loosely, enabling many countries to take part in its discussions or not depending on how they interpret the validity of the country's interest. Non-members are routinely invited to take part when they are parties to disputes being considered by the Council.


Role of the Security Council
Under Chapter Six of the Charter, "Pacific Settlement of Disputes", the Security Council "may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute". The Council may "recommend appropriate procedures or methods of adjustment" if it determines that the situation might endanger international peace and security. These recommendations are not binding on UN members.

Under Chapter Seven, the Council has broader power to decide what measures are to be taken in situations involving "threats to the peace, breaches of the peace, or acts of aggression". In such situations, the Council is not limited to recommendations but may take action, including the use of armed force "to maintain or restore international peace and security". This was the basis for UN armed action in Korea in 1950 during the Korean War and the use of coalition forces in Iraq and Kuwait in 1991. Decisions taken under Chapter Seven, such as economic sanctions, are binding on UN members.

The UN's role in international collective security is defined by the UN Charter, which gives the Security Council the power to:

Investigate any situation threatening international peace; 
Recommend procedures for peaceful resolution of a dispute; 
Call upon other member nations to completely or partially interrupt economic relations as well as sea, air, postal, and radio communications, or to sever diplomatic relations; and 
Enforce its decisions militarily, or by any means necessary. 
The United Nations has helped prevent many outbreaks of international violence from growing into wider conflicts.[citation needed] It has opened the way to negotiated settlements through its service as a centre of debate and negotiation, as well as through UN-sponsored fact-finding missions, mediators, and truce observers. UN Peacekeeping forces, made up of troops and equipment supplied by member nations, have usually been able to limit or prevent conflict, although sometimes not.[citation needed] Some conflicts, however, have proven to be beyond the capacity of the UN to influence. Key to the success of UN peacekeeping efforts is the willingness of the parties to a conflict to come to terms peacefully through a viable political process.[citation needed]

The Rome Statute of the International Criminal Court recognizes that the Security Council has authority to refer cases to the Court, where the Court could not otherwise exercise jurisdiction.[8] The Council exercised this power for the first time in March 2005, when it referred to the Court “the situation prevailing in Darfur since 1 July 2002”;[9] since Sudan is not a party to the Rome Statute, the Court could not otherwise have exercised jurisdiction.


 Resolutions

Security Council Resolutions are legally binding if they are made under Chapter VII (Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression) of the Charter. Resolutions made under Chapter VI (Pacific Settlement of Disputes), however, have no enforcement mechanisms and are generally considered to have no binding force under international law.[10] In 1971, however, a majority of the then International Court of Justice (ICJ) members asserted in the non-binding Namibia advisory opinion that all UN Security Council resolutions are legally binding.[11] This assertion by the ICJ has been countered by Erika De Wet and others.[12] De Wet argues that Chapter VI resolutions cannot be binding. Her reasoning, in part states:

Allowing the Security Council to adopt binding measures under Chapter VI would undermine the structural division of competencies foreseen by Chapters VI and VII, respectively. The whole aim of separating these chapters is to distinguish between voluntary and binding measures. Whereas the pacific settlement of disputes provided by the former is underpinned by the consent of the parties, binding measures in terms of Chapter VII are characterised by the absence of such consent. A further indication of the non-binding nature of measures taken in terms of Chapter VI is the obligation on members of the Security Council who are parties to a dispute, to refrain from voting when resolutions under Chapter VI are adopted. No similar obligation exists with respect to binding resolutions adopted under Chapter VII... If one applies this reasoning to the Namibia opinion, the decisive point is that none of the Articles under Chapter VI facilitate the adoption of the type of binding measures that were adopted by the Security Council in Resolution 276(1970)... Resolution 260(1970) was indeed adopted in terms of Chapter VII, even though the ICJ went to some length to give the opposite impression.[13]

In practice, the Security Council does not consider its decisions outside Chapter VII to be binding.[12]

Those resolutions made outside these two Chapters dealing with the internal governance of the organization (such as the admission of new Member States) are legally binding where the Charter gives the Security Council power to make them.

If the council cannot reach consensus or a passing vote on a resolution, they may choose to produce a non-binding presidential statement instead of a Resolution. These are adopted by consensus. They are meant to apply political pressure — a warning that the council is paying attention and further action may follow.

Press statements typically accompany both resolutions and presidential statements, carrying the text of the document adopted by the body and also some explanatory text. They may also be released independently, after a significant meeting.


Security Council Chamber
The designated Security Council Chamber in the United Nations Conference Building, designed by the Norwegian architect Arnstein Arneberg, was the specific gift of Norway. The mural painted by the Norwegian artist Per Krogh depicts a phoenix rising from its ashes, symbolic of the world reborn after World War II. In the blue and gold silk tapestry on the walls and in the draperies of the windows overlooking the East River appear the anchor of faith, the wheat stems of hope, and the heart of charity.[14]


Criticisms of the Security Council


There have been criticisms that the five permanent members of the United Nations Security Council (who are all nuclear powers) have created an exclusive nuclear club whose powers are unchecked. Unlike the General Assembly, which has true international representation, the United Nations Security Council does not. This has led to accusations that the UNSC only addresses the strategic interests and political motives of the permanent members, especially in humanitarian interventions - for example, protecting the oil-rich Kuwaitis in 1991 but poorly protecting resource-poor Rwandans in 1994. [15] Any nation may be elected to serve a temporary term on the Security Council, but critics have suggested this is inadequate. Rather, they argue, the number of permanent members should be expanded to include non-nuclear powers, which would democratize the organization.[16] Still other nations have advocated abolishing the concept of permanency altogether; under the government of Paul Martin, Canada advocated this approach.[17]

Another criticism of the Security Council involves the veto power of the five permanent nations. As it stands, one veto from any of the "Big Five" (China, France, Russia, the United Kingdom and the United States) can halt any possible action the Council may take. One nation's objection, rather than the opinions of a majority of nations, may cripple any possible UN armed or diplomatic response to a crisis. For instance, John J. Mearsheimer claimed that "Since 1982, the US has vetoed 32 Security Council resolutions critical of Israel, more than the total number of vetoes cast by all the other Security Council members."[18] However, Russia (and including formerly the Soviet Union) issued 122 vetoes while the United States only issued a total of 81 vetoes since the formation of the Security Council. The practice of the permanent members meeting privately and then presenting their resolutions to the full council as a fait accompli has also drawn fire; according to Erskine Childers, "the vast majority of members -- North as well as South -- have made very clear...their distaste for the way three Western powers behave in the Council, like a private club of hereditary elite-members who secretly come to decisions and then emerge to tell the grubby elected members that they may now rubber-stamp those decisions."[19]

Other critics and even proponents of the Security Council question its effectiveness and relevance because in most high profile cases, there are essentially no consequences for violating a Security Council resolution. The most prominent and dramatic example of this became the Darfur crisis, in which Arab Janjaweed militias, supported by the Sudanese government, committed repeated acts of ethnic cleansing and genocide against the indigenous population. Thus far, an estimated 300,000 civilians have been killed in what is the largest case of mass murder in the history of the region, yet the U.N. has continuously failed to act against this severe and ongoing human rights issue. Another such case occurred in the Srebrenica massacre where Serbian troops committed genocide against Bosnian Muslims in the largest case of mass murder on the European continent since World War II. Srebrenica had been declared a U.N. "safe area" and was even protected by 400 armed Dutch peacekeepers, but the U.N. forces did nothing to prevent the massacre.

Other critics object to the idea that the U.N. is a democratic organization, saying that it represents the interests of the governments of the nations who form it and not necessarily the individuals within those nations. World federalist Dieter Heinrich points out that the powerful Security Council system does not have distinctions between the legislative, executive, and judiciary branches: the UN Charter gives all three powers to the Security Council.[20]


Membership reform

There has been discussion of increasing the number of permanent members. The countries who have made the strongest demands for permanent seats are Brazil, Germany, India and Japan. Indeed, Japan and Germany are the UN's second and third largest funders respectively, while Brazil, the largest Latin American nation, and India, the world's largest democracy and second most populous country, are two of the largest contributors of troops to UN-mandated peace-keeping missions. This project has found opposition in a group of countries called Uniting for Consensus.

Former UN Secretary-General Kofi Annan asked a team of advisors to come up with recommendations for reforming the United Nations by the end of 2004. One proposed measure is to increase the number of permanent members by five, which, in most proposals, would include Brazil, Germany, India, Japan (known as the G4 nations), one seat from Africa (most likely between Egypt, Nigeria or South Africa) and/or one seat from the Arab League.[21] On 21 September 2004, the G4 nations issued a joint statement mutually backing each other's claim to permanent status, together with two African countries. Currently the proposal has to be accepted by two-thirds of the General Assembly (128 votes).

References
^ "Under the Charter, the functions and powers of the Security Council are:". 
^ Norris, Robert S. and Hans M. Kristensen. "India's nuclear forces, 2005", Bulletin of the Atomic Scientists 61:5 (September/October 2005): 73–75,[1] 
^ Glionna, John M. "Pakistan says its nuclear weapons are secure" "Los Angeles Times" [2] 27 January 2008 
^ Norris, Robert S., William Arkin, Hans M. Kristensen, and Joshua Handler. "Israeli nuclear forces, 2002," Bulletin of the Atomic Scientists 58:5 (September/October 2002): 73-75. 
^ List of heads of missionsPDF (60.1 KB) 
^ "The United Nations Security Council". The Green Papers. Retrieved on 2006-05-14. 
^ Rebecca Weiner. "Israel Wins Membership on WEOG". Jewish Virtual Library. Retrieved on 2007-09-08. 
^ Article 13 of the Rome Statute. Retrieved on 2007-03-14. 
^ United Nations Security Council (31 March 2006). "Security Council Refers Situation in Darfur, Sudan, To Prosecutor of International Criminal Court". Press release. Retrieved on 2007-03-14. 
^ No binding force under international law 
"Some analysts have pointed out that Security Council resolutions condemning or criticizing Israel have been passed under Chapter VI of the U.N. Charter, which are different from the Chapter VII resolutions against Iraq." Ayoob, Mohammad. "The war against Iraq: normative and strategic implications", in Robinson, Mary & Weiss, Thomas G. & Crahan, Margaret E. & Goering, John (eds). Wars on Terrorism and Iraq: human rights, unilateralism, and U.S. foreign policy, Routledge (UK), May 1, 2004, p. 164. 
"Additionally it may be noted that the Security Council cannot adopt binding decisions under Chapter VI of the Charter." De Hoogh, Andre. Obligations Erga Omnes and International Crimes, Martinus Nijhoff Publishers, Jan 1, 1996, p. 371. 
"Council recommendations under Chapter VI are generally accepted as not being legally binding." Magliveras, Konstantinos D. Exclusion from Participation in International Organisations, Martinus Nijhoff Publishers, Jan 1, 1999, p. 113. 
"Within the framework of Chapter VI the SC has at its disposal an 'escalation ladder' composed of several 'rungs' of wielding influence on the conflicting parties in order to move them toward a pacific solution... however, the pressure exerted by the Council in the context of this Chapter is restricted to non-binding recommendations." Neuhold, Hanspeter. "The United Nations System for the Peaceful Settlement of International Disputes", in Cede, Franz & Sucharipa-Behrmann, Lilly. The United Nations, Martinus Nijhoff Publishers, Jan 1, 2001, p. 66. 
"The responsibility of the Council with regard to international peace and security is specified in Chapters VI and VII. Chapter VI, entitled 'Pacific Settlements of Disputes', provides for action by the Council in case of international disputes or situations which do not (yet) post a threat to international peace and security. Herein its powers generally confined to making recommendations, the Council can generally not issue binding decisions under Chapter VI." Schweigman, David. The Authority of the Security Council Under Chapter VII of the UN Charter, Martinus Nijhoff Publishers, Jan 1, 2001, p. 33. 
"Under Chapter VI, the Security Council may only make recommendations but not binding decisions on United Nations members". Wallace-Bruce, Nii Lante. The Settlement of International Disputes, Martinus Nijhoff Publishers, Jan 1, 1998, pp. 47-48. 
"First, it may issue non-binding resolutions under Chapter VI of the Charter expressing its opinion on the abuses and their resolution." Mertus, Julie. The United Nations And Human Rights: A Guide For A New Era, Routledge, 2005, ISBN 0415343380, p. 120. 
"Under Chapter VI the Security Council can only make non-binding recommendations. However, if the Security Council determines that the continuance of the dispute constitutes a threat to the peace, or that the situation involves a breach of the peace or act of aggression it can take action under Chapter VII of the Charter. Chapter VII gives the Security Council the power to make decisions which are binding on member states, once it has determined the existence of a threat to the peace, breach of the peace, or act of aggression." Hillier, Timothy, Taylor & Francis Group. Sourcebook on Public International Law, Cavendish Publishing, ISBN 1843143801, 1998, p. 568. 
"Nor is the disenchanting performance due to the fact that under Chapter VI the SC may only address non-binding resolutions to the conflicting parties." Cede, Franz, and Sucharipa-Behrmann, Lilly. The United Nations: Law and Practice, Martinus Nijhoff Publishers, 2001, ISBN 9041115633, p. 70. 
"This clause does not apply to decisions under Chapter VII (including the use of armed force), which are binding on all member states (unlike those adopted under Chapter VI which are of a non-binding nature)." K&ouml;chler, Hans. The Concept of Humanitarian Intervention in the Context of Modern Power, International Progress Organization, 2001, ISBN 3900704201, p. 21. 
"The impact of these flaws inherent to Resolution 731 (1992) was softened by the fact that it was a non-binding resolution in terms of Chapter VI of the Charter. Consquently Libya was not bound to give effect to it. However, the situation was different with respect to Resolution 748 of 31 March 1992, as it was adopted under Chapter VII of the Charter." De Wet, Erika, "The Security Council as a Law Maker: The Adopion of (Quasi)-Judicial Decisions", in Wolfrum, Rüdiger and R&ouml;ben, Volker. Developments of International Law in Treaty Making, Springer, 2005, ISBN 3540252991, p. 203. 
"There are two limitations on the Security Council when it is acting under Chapter VI. Firstly, recommendations of the Council under Chapter VI are not binding on states." Werksman, Jacob. Greening International Institutions, Earthscan, 1996, ISBN 1853832448, p. 14. 
"Chapter VI exhorts members to settle such claims peacefully and submit them for mediation and arbitration to the United Nations. Chapter VI, however, is not binding - in other owrds, there is no power to compel states to submit their disputes for arbitration or mediation by the United Nations." Matthews, Ken. The Gulf Conflict and International Relations, Routledge, 1993, ISBN 041507519X, p. 130. 
"One final point must be noted in connection with Chapter VI, and that is that the powers of the Security Council are to make "recommendations." These are not binding on the states to whom they are addressed, for Article 25 relates only to "decisions." Philippe Sands, Pierre Klein, D. W. Bowett. Bowett's Law of International Institutions, Sweet & Maxwell, 2001, ISBN 042153690X, p. 46. 
"Article 2, para. 6, must be linked, first of all, to the use of these kinds of pressure that have no mandatory effect. Both the General Assembly and the Council have the power to make recommendations to the States, that is, resolutions that do not bind the States (see section 89)). Worthy of mention from this point of view are the provisions of Article 11, para. 2 ("The General Assembly may discuss any questions relating to the maintenance of international peace and security... and... may make recommendations with regard to any such question to the State or States concerned") and the various provisions of Chapter VI, particularly Article 33, para. 2, Article 36, and Article 37, para. 2, which give the Security Council the power to recommend settlement of disputes likely to endanger the peace." Conforti, Benedetto. The Law and Practice of the United Nations, Martinus Nijhoff Publishers, 2005, ISBN 9004143084, p. 127. 
"...the primary authority of the Security Council is defined in terms of international peace and security. The Council's jurisdiction under Chapter VI—which give it recommendatory but not binding authority—is stated in very broad terms." Matheson, Michael J. Council UNbound: The Growth of UN Decision Making on Conflict and Postconflict Issues after the Cold War, US Institute of Peace Press, 2006, ISBN 1929223781, p. 42. 
"After much lobbying, the Council agreed on a resolution intended to "assist the parties to achieve a just, lasting and mutually acceptable political solution" that would provide for the self-determination of the people of Western Sahara. But the preamble went on to specify that the Council was "acting under Chapter VI of the Charter of the United Nations." In short, this remained an exercise of good offices, not binding arbitration subject to enforcement." Jensen, Erik. Western Sahara: Anatomy of a Stalemate, Lynne Rienner Publishers, 2005, ISBN 1588263053, p. 112. 
"Thus decisions under Chapter VI, for example, to recommend terms of settlement are not binding, and even decisions under Article 40 of Chapter VII may not be." Political science quarterly, v. 90 (1975-76), Academy of Political Science, Columbia University, p. 147. 
"The UN distinguishes between two sorts of Security Council resolution. Those passed under Chapter Six deal with the peaceful resolution of disputes and entitle the council to make non-binding recommendations. Those under Chapter Seven give the council broad powers to take action, including warlike action, to deal with “threats to the peace, breaches of the peace, or acts of aggression”. Such resolutions, binding on all UN members, were rare during the cold war. But they were used against Iraq after its invasion of Kuwait. None of the resolutions relating to the Israeli-Arab conflict comes under Chapter Seven." Iraq, Israel and the United Nations: Double standards?, The Economist, October 10, 2002. 
"There are two sorts of security council resolution: those under 'chapter 6' are non-binding recommendations dealing with the peaceful resolution of disputes; those under 'chapter 7' give the council broad powers, including war, to deal with 'threats to the peace ... or acts of aggression'." Emmott, Bill. If Saddam steps out of line we must go straight to war, The Guardian, November 25, 2002. 
"...there is a difference between the Security Council resolutions that Israel breaches (nonbinding recommendations under Chapter 6) and those Iraq broke (enforcement actions under Chapter 7)." Kristof, Nicholas D. Calling the Kettle Black, The New York Times, February 25, 2004. 
"There is a hierarchy of resolutions... Chapter 6, under which all resolutions relating to the middle east have been issued, relates to the pacific resolution of disputes. Above that, there are the mandatory chapter 7 resolutions, which impose the clearest possible obligations, usually on a single state rather than on two or three states, which is what chapter 6 is there for. Chapter 7 imposes mandatory obligations on states that are completely out of line with international law and policy, and the United Nations has decided in its charter that the failure to meet those obligations may be met by the use of force." Straw, Jack. House of Commons debates, Hansard, Column 32, September 24, 2002. 
"There is another characteristic of these resolutions which deserves a mention, and that is that they are under chapter 7 of the United Nations charter. Chapter 7 has as its heading 'Action with respect to threats to the peace, breaches of the peace, and acts of aggression'. This is the very serious chapter of United Nations rules, regulations, laws and principles, which the United Nations activates when they intend to do something about it. If the United Nations announces under chapter 7 that it intends to do something about a matter and it is not done, that will undermine the authority of the United Nations; that will render it ineffective. There are many other resolutions under other chapters. Resolution 242 gets a bit of a guernsey here every now and then. Resolution 242 is under chapter 6, not chapter 7. It does not carry the same mandate and authority that chapter 7 carries. Chapter 6 is the United Nations trying to put up resolutions which might help the process of peace and it states matters of principle that are important for the world to take into consideration. Resolution 242 says that Israel should withdraw from territories that it has occupied. It also says that Israel should withdraw to secure and recognised boundaries and that the one is dependent upon the other. Resolution 242 says that, but it is not a chapter 7 resolution." Beazley, Kim, Waiting for blow-back (speech delivered in Parliament on February 4, 2003, The Sydney Morning Herald, February 5, 2003. 
"There are several types of resolutions: Chapter 6 resolutions are decisions pursing the Pacific Settlement of Disputes, and put forward Council proposals on negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies, and other peaceful means. Chapter 7 resolutions are decisions for Action with Respect to Threats to the Peace, involving use of force and sanctions, complete or partial interruption of economic relations, rail, sea, air, postal, telegraphic radio and other means of communication and the severance of diplomatic relations. Resolutions passed under Chapter 7 of the Charter are binding on all UN members, who are required to give every assistance to any action taken by the Council, and refrain from giving any assistance to the country against which it is taking enforcement action." Iran dossier crosses the Atlantic: Where to from here? (Microsoft Word document), Greenpeace position paper on Iran. 
^ Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion of 21 June 1971 at paragraphs 87-116, especially 113: "It has been contended that Article 25 of the Charter applies only to enforcement measures adopted under Chapter VII of the Charter. It is not possible to find in the Charter any support for this view. Article 25 is not confined to decisions in regard to enforcement action but applies to "the decisions of the Security Council" adopted in accordance with the Charter. Moreover, that Article is placed, not in Chapter VII, but immediately after Article 24 in that part of the Charter which deals with the functions and powers of the Security Council. If Article 25 had reference solely to decisions of the Security Council concerning enforcement action under Articles 41 and 42 of the Charter, that is to say, if it were only such decisions which had binding effect, then Article 25 would be superfluous, since this effect is secured by Articles 48 and 49 of the Charter." 
^ a b "The International Court of Justice took the position in the Namibia Advisory Opinion that Art. 25 of the Charter, according to which decisions of the Security Council have to be carried out, does not only apply in relation to chapter VII. Rather, the court is of the opinion that the language of a resolution should be carefully analyzed before a conclusion can be drawn as to its binding effect. The Court even seems to assume that Art. 25 may have given special powers to the Security Council. The Court speaks of "the powers under Art. 25". It is very doubtful, however, whether this position can be upheld. As Sir Gerald Fitzmaurice has pointed out in his dissenting opinion: "If, under the relevant chapter or article of the Charter, the decision is not binding, Article [69/70] 25 cannot make it so. If the effect of that Article were automatically to make al decisions of the Security Council binding, then the words 'in accordance with the present Charter' would be quite superfluous". In practice the Security Council does not act on the understanding that its decisions outside chapter VII are binding on the States concerned. Indeed, as the wording of chapter VI clearly shows, non-binding recommendations are the general rule here." Frowein, Jochen Abr. V&ouml;lkerrecht - Menschenrechte - Verfassungsfragen Deutschlands und Europas, Springer, 2004, ISBN 3540230238, p. 58. 
^ De Wet, Erika. The Chapter VII Powers of the United Nations Security Council, Hart Publishing, 2004, ISBN 1841134228, pp. 39-40. 
^ UN website. 
^ Rajan, Chella (2006). "Global Politics and InstitutionsPDF (449 KB)". Frontiers of a Great Transition. Vol. 3. Tellus Institute. 
^ "India makes strong case for UNSC expansion". HindustanTimes.com (13 November 2005). Archived from the original on 2007-09-08. 
^ "Statement by Canadian Ambassador Allan Rock on Security Council Reform". Global Policy Forum (12 July 2005). Retrieved on 2007-09-08. 
^ John J. Mearsheimer and Stephen Walt. "The Israel Lobby and U.S. Foreign Policy". KSG Faculty Research Working Paper Series. Harvard University. Retrieved on 2007-09-08. 
^ Empowering the Peoples in their United Nations - UN Reform - Global Policy Forum 
^ Creery, Janet (1994). Read the fine print first: Some questions raised at the Science for Peace conference on UN reform. Peace Magazine. Jan-Feb 1994. p. 20. Retrieved on 2007-12-07. 
^ "UN Security Council Reform May Shadow Annan's Legacy", Voice Of America (1 November 2006). Retrieved on 2007-09-08[/align]

----------

