{"id":117575,"date":"2021-08-28T16:46:35","date_gmt":"2021-08-28T23:46:35","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=117575"},"modified":"2021-08-28T16:46:35","modified_gmt":"2021-08-28T23:46:35","slug":"erasing-the-eelam-victory-part-25a","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2021\/08\/28\/erasing-the-eelam-victory-part-25a\/","title":{"rendered":"ERASING THE EELAM VICTORY Part 25a"},"content":{"rendered":"

KAMALIKA PIERIS<\/em><\/span><\/h2>\n\n\n

The\nUnited Nations delegated the subject of \u2018war\u2019 to the <\/strong>United\nNations Security Council (UNSC)<\/strong>. The UN\nCharter authorizes the Security Council to investigate any situation\nthreatening international peace and take suitable action. UNSC is the only UN agency\nwhose decisions Member states are obliged to follow.<\/p>\n\n\n\n

The United\nNations Security Council (UNSC)\nis one of the six principal organs<\/a> of the United Nations<\/a>. it is  charged\nwith ensuring international peace and security<\/a>, recommending the admission of new UN members<\/a> to the General Assembly<\/a> and approving any changes to the UN Charter<\/a>. Its powers include establishing peacekeeping<\/a> operations, enacting international sanctions<\/a>, and authorizing military action<\/a>. <\/p>\n\n\n\n

The UNSC is the only UN body with the\nauthority to issue binding resolutions<\/a> on member states. Any discussion of the role\nof the United Nations in Sri Lanka\u2018s Eelam war must begin with the UN Security\nCouncil.<\/p>\n\n\n\n

COMPOSITION  AND POWERS OF\nTHE SECURITY COUNCIL<\/h2>\n\n\n\n

Chapter V of the\nUnited Nations Charter  gives the   composition and powers of the Security  Council<\/h2>\n\n\n\n

Article 23<\/h2>\n\n\n\n
  1. The Security Council shall\n consist of fifteen Members of the United Nations. The Republic of China,\n France, the Union of Soviet Socialist Republics, the United Kingdom of\n Great Britain and Northern Ireland, and the United States of America shall\n be permanent members of the Security Council. The General Assembly shall\n elect ten other Members of the United Nations to be non-permanent members\n of the Security Council, due regard being specially paid, in the first\n instance to the contribution of Members of the United Nations to the maintenance\n of international peace and security and to the other purposes of the\n Organization, and also to equitable geographical distribution.<\/li>
  2. The non-permanent members of the\n Security Council shall be elected for a term of two years. In the first\n election of the non-permanent members after the increase of the membership\n of the Security Council from eleven to fifteen, two of the four additional\n members shall be chosen for a term of one year. A retiring member shall\n not be eligible for immediate re-election.<\/li>
  3. Each member of the Security\n Council shall have one representative.<\/li><\/ol>\n\n\n\n

    FUNCTIONS AND POWERS<\/h3>\n\n\n\n

    Article 24<\/h3>\n\n\n\n
    1. In order to ensure prompt and\n effective action by the United Nations, its Members confer on the Security\n Council primary responsibility for the maintenance of international peace\n and security, and agree that in carrying out its duties under this\n responsibility the Security Council acts on their behalf.<\/li>
    2. In discharging these duties the\n Security Council shall act in accordance with the Purposes and Principles\n of the United Nations. The specific powers granted to the Security Council\n for the discharge of these duties are laid down in Chapters VI, VII, VIII,\n and XII.<\/li>
    3. The Security Council shall submit\n annual and, when necessary, special reports to the General Assembly for\n its consideration.<\/li><\/ol>\n\n\n\n

      Article 25<\/h3>\n\n\n\n

      The Members of the United Nations agree to accept and carry out\nthe decisions of the Security Council in accordance with the present Charter.<\/p>\n\n\n\n

      Article 26<\/h3>\n\n\n\n

      In order to promote the establishment and maintenance of\ninternational peace and security with the least diversion for armaments of the\nworld’s human and economic resources, the Security Council shall be responsible\nfor formulating, with the assistance of the Military Staff Committee referred\nto in Article 47, plans to be submitted to the Members of the United Nations\nfor the establishment of a system for the regulation of armaments.<\/p>\n\n\n\n

      VOTING<\/h3>\n\n\n\n

      Article 27<\/h3>\n\n\n\n
      1. Each member of the Security\n Council shall have one vote.<\/li>
      2. Decisions of the Security Council\n on procedural matters shall be made by an affirmative vote of nine\n members.<\/li>
      3. Decisions of the Security Council\n on all other matters shall be made by an affirmative vote of nine members\n including the concurring votes of the permanent members; provided that, in\n decisions under Chapter VI, and under paragraph 3 of Article 52, a party\n to a dispute shall abstain from voting.<\/li><\/ol>\n\n\n\n

        PROCEDURE<\/h3>\n\n\n\n

        Article 28<\/h3>\n\n\n\n
        1. The Security Council shall be so\n organized as to be able to function continuously. Each member of the\n Security Council shall for this purpose be represented at all times at the\n seat of the Organization.<\/li>
        2. The Security Council shall hold\n periodic meetings at which each of its members may, if it so desires, be\n represented by a member of the government or by some other specially designated\n representative.<\/li>
        3. The Security Council may hold\n meetings at such places other than the seat of the Organization as in its\n judgment will best facilitate its work.<\/li><\/ol>\n\n\n\n

          Article 29<\/h3>\n\n\n\n

          The Security Council may establish such subsidiary organs as it\ndeems necessary for the performance of its functions.<\/p>\n\n\n\n

          Article 30<\/h3>\n\n\n\n

          The Security Council shall adopt its own rules of procedure,\nincluding the method of selecting its President.<\/p>\n\n\n\n

          Article 31<\/h3>\n\n\n\n

          Any Member of the United Nations which is not a member of the\nSecurity Council may participate, without vote, in the discussion of any\nquestion brought before the Security Council whenever the latter considers that\nthe interests of that Member are specially affected.<\/p>\n\n\n\n

          Article 32<\/h3>\n\n\n\n

          Any Member of the United Nations which is not a member of the\nSecurity Council or any state which is not a Member of the United Nations, if\nit is a party to a dispute under consideration by the Security Council, shall\nbe invited to participate, without vote, in the discussion relating to the\ndispute. The Security Council shall lay down such conditions as it deems just\nfor the participation of a state which is not a Member of the United Nations.<\/p>\n\n\n\n

          Chapter VII of the\nUnited Nations Charter  gives  the UNSC power to act when there are threats\nto worl peace. <\/h2>\n\n\n\n

          CHAPTER\nVII: ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE, AND\nACTS OF AGGRESSION<\/strong><\/p>\n\n\n\n

          Article 39<\/strong><\/p>\n\n\n\n

          The Security Council shall determine the\nexistence of any threat to the peace, breach of the peace, or act of aggression\nand shall make recommendations, or decide what measures shall be taken in\naccordance with Articles 41 and 42, to maintain or restore international peace\nand security.<\/p>\n\n\n\n

          Article 40<\/strong><\/p>\n\n\n\n

          In order to prevent an aggravation of the\nsituation, the Security Council may, before making the recommendations or\ndeciding upon the measures provided for in Article 39, call upon the parties\nconcerned to comply with such provisional measures as it deems necessary or\ndesirable. The Security Council shall duly take account of failure to comply\nwith such provisional measures.<\/p>\n\n\n\n

          Article 41<\/strong><\/p>\n\n\n\n

          The Security Council may decide what measures\nnot involving the use of armed force are to be employed to give effect to its\ndecisions, and it may call upon the Members of the United Nations to apply such\nmeasures. These may include complete or partial interruption of economic\nrelations and of rail, sea, air, postal, telegraphic, radio, and other means of\ncommunication, and the severance of diplomatic relations.<\/p>\n\n\n\n

          Article 42<\/strong><\/p>\n\n\n\n

          Should the Security Council consider that\nmeasures provided for in Article 41 would be inadequate or have proved to be\ninadequate, it may take such action by air, sea, or land forces as may be\nnecessary to maintain or restore international peace and security. Such action\nmay include demonstrations, blockade, and other operations by air, sea, or land\nforces of Members of the United Nations.<\/p>\n\n\n\n

          Article 48<\/strong><\/p>\n\n\n\n

          1. The\n action required to carry out the decisions of the Security Council for the\n maintenance of international peace and security shall be taken by all the\n Members of the United Nations or by some of them, as the Security Council\n may determine.<\/li>
          2. Such\n decisions shall be carried out by the Members of the United Nations\n directly and through their action in the appropriate international\n agencies of which they are members.<\/li><\/ol>\n\n\n\n

            Article 49<\/strong><\/p>\n\n\n\n

            The Members of the United Nations shall join\nin affording mutual assistance in carrying out the measures decided upon by the\nSecurity Council.<\/p>\n\n\n\n

            Article 51<\/strong><\/p>\n\n\n\n

            Nothing in the present Charter shall impair\nthe inherent right of individual or collective self-defence if an armed attack\noccurs against a Member of the United Nations, until the Security Council has\ntaken measures necessary to maintain international peace and security. Measures\ntaken by Members in the exercise of this right of self-defence shall be\nimmediately reported to the Security Council and shall not in any way affect\nthe authority and responsibility of the Security Council under the present\nCharter to take at any time such action as it deems necessary in order to\nmaintain or restore international peace and security.<\/p>\n\n\n\n

            INFORMAL\nCONSULTATIONS.<\/strong><\/p>\n\n\n\n

             In\naddition to the formal meetings of the UNSC, \nthere are  also informal meetings of the\nfull Security Council, where the\nUNSC conducts off the record discussions with member states. This is intended\nto give all parties to the conflict \ntheir say . .Only parties that have been  invited can attend but Non-Council\nmembers could request a meeting. These informal meetings are presided\nover by the  UNSC President but they do\nnot take place in the Council Chamber or Consultations Room. There are no\nofficial records of informal dialogues.<\/p>\n\n\n\n

            ARRIA FORMULA MEEETINGS<\/strong><\/p>\n\n\n\n

            Venezuelan\nAmbassador Diego Arria<\/a> created the\nArria formula meeting in 1992  when he\nwas President of the Security Council. Arria meetings catered to the entities\nthat could not appear before the UNSC. UNSC did not hear testimonies from\nnon-members, individuals or non-governmental organizations.  Arria formula meetings   on the other hand were open to a wide range of\nstakeholders, persons, and institutions, including non-governmental organizations\n(NGOs) and delegations from member states of the UN who were not in  Security Council. <\/p>\n\n\n\n

            Arria\nmeetings were informal consultations, convened by a member of the UNSC, who\nalso  presided over the meeting as\nfacilitator.. The meetings were in a private setting where speakers could speak\nfrankly to UNSC members. Arria meetings did not need full attendance of the\nState Council, unlike Security Council meetings which must be attended by all\n15 members of the Council. <\/p>\n\n\n\n

            Since 2012,\nArria formula meetings have  been used to\nprovide United Nations Security Council Members with interaction with  the Commissions of Inquiry of the  UN Human Rights Council. In 2012, there was\nan Arria formula meeting with the Human Rights Council’s Commission of Inquiry\non Syria. In 2014,  there was an Arria\nformula meeting with the Human Rights Council’s Commission of Inquiry on the\nDemocratic People’s Republic of Korea.. <\/p>\n\n\n\n

            Arria formula\nmeeting on the humanitarian situation in Aleppo, Syria, was broadcast on the UN\nWeb TV In2016.Since  then  other Arria formula meetings have  been broadcast and archived on the UN\nwebsite. <\/p>\n\n\n\n

            Arria\nmeetings have been effective. In 2018, the Security Council failed to hold a\nmeeting on Syria, the idea was vetoed by four of its members. Immediately an\nArria meeting was organized by France, USA, UK, Sweden, Netherlands, and\nPeru.  UN High Commissioner of Human\nRights was invited to brief the meeting on the situation in Syria. The\nUNSC  took up the matter after that. <\/p>\n\n\n\n

            The UNSC has\nbeen active over the years. UNSC has met and debated many issues in many countries.  International Criminal Tribunal for\nthe Former Yugoslavia<\/a> \n(1993) and the International Criminal Tribunal for Rwanda<\/a>,(1995)  were established by the UN Security Council<\/a> acting under\nChapter VII of the UN Charter<\/a>. <\/p>\n\n\n\n

             Today,\nthe UNSC is discussing what to do about Afghanistan, also Jammu and Kashmir. UNSC\nmet to discuss Afghanistan on 17th<\/sup> August     2021. The   meeting was called by Norway and Estonia. Statements\nwere made by UK, USA, Russia, China, France, India, Norway, Ireland, Kenya,\nMexico and Vietnam.  They welcomed the President\nof Afghanistan and regretted that Pakistan had not been invited to speak. The member\nstates spoke of HR, IHL and IHRL and the protection of civilians. War had been\ngoing on for 40 years, they said. Now must restore peace, stability and order.  A political solution was needed. The Afghan\ngovernment has collapsed and Afghanistan is today   volatile and unpredictable. Taliban must reform.\nUNSC must act. https:\/\/youtu.be\/aYprincRR5o<\/strong><\/a>     (continued)<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

            KAMALIKA PIERIS The United Nations delegated the subject of \u2018war\u2019 to the United Nations Security Council (UNSC). The UN Charter authorizes the Security Council to investigate any situation threatening international peace and take suitable action. UNSC is the only UN agency whose decisions Member states are obliged to follow. The United Nations Security Council (UNSC) […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":true,"template":"","format":"standard","meta":{"footnotes":""},"categories":[104],"tags":[],"class_list":["post-117575","post","type-post","status-publish","format-standard","hentry","category-kamalika-pieris"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/117575","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=117575"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/117575\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=117575"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=117575"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=117575"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}