I – Meetings
II – Agenda
III – Representation and Credentials
IV – Presidency
V – Secretariat
VI – Conduct of Business
VII – Voting
VIII – Languages
Appendices
Appendix I
Appendix II
Appendix III
Part I
Meetings
1. Meetings of the Security Council shall, with the exception of the periodic meetings referred to in rule 4, be held at the call of the President at any time s/he deems necessary, but the interval between meetings shall not exceed fourteen days.
2. The President shall call a meeting of the Security Council at the request of any member of the Security Council.
3. The President shall call a meeting of the Security Council if a dispute or situation is brought to the attention of the Security Council under Article 35 or under Article 11(3) of the Charter, or if the General Assembly makes recommendations or refers any question to the Security Council under Article 11(2), or if the Secretary-General brings to the attention of the Security Council any matter under Article 99.
4. Periodic meetings of the Security Council shall normally be held at the seat of the United Nations.
Any member of the Security Council or the Secretary-General may propose that the Security Council should meet at another place. Should the Security Council accept any such proposal, it shall decide upon such a place and the period during which the Council shall meet at such a place.
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Part II
Agenda
6. The Secretary-General shall immediately bring to the attention of all representatives on the Security Council all communications from Member States, organs of the United Nations, or the Secretary- General concerning any matter for the consideration of the Security Council in accordance with the provisions of the Charter.
7. The provisional agenda for each meeting of the Security Council shall be drawn up by the Secretary-General and approved by the President of the Security Council. Only items which have been brought to the attention of the representatives on the Security Council in accordance with rule 6, items covered by rule 10, or matters which the Security Council had previously decided to defer, may be included in the provisional agenda.
8. The provisional agenda for a meeting may be communicated simultaneously with the notice of the meeting.
9. The first item of the provisional agenda for each meeting of the Security Council shall be the adoption of the agenda.
10. Any item on the agenda of a meeting of the Security Council, consideration of which has not been completed at that meeting, shall, unless the Security Council decides otherwise, automatically be included in the agenda of the next meeting.
11. The Secretary-General shall communicate each week to the representative on the Security Council a summary statement of matters which the Security Council is considering and of the stage reached in their consideration.
12. The Security Council may, in urgent circumstances, make additions to the agenda at any time during a meeting. The provisions of rule 7, paragraph 1, and of rule 9, shall apply also to periodic meetings.
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Part III
Representation and Credentials
13. Each member of the Security Council shall be represented at the meetings of the Security Council by an accredited representative. The credentials of a representative on the Security Council shall be communicated to the Secretary-General not less that twenty-four hours before s/he takes his/her seat on the Security Council. The credentials shall be issued either by the Head of State or of the Government concerned or by its Minister of Foreign Affairs. The Head of Government or Minister of Foreign Affairs of each member of the Security Council shall be entitled to sit on the Security Council without submitting credentials.
14. Any member of the United Nations not a member of the Security Council and any state not a member of the United Nations, if invited to participate in a meeting or meetings of the Security Council, shall submit credentials for the representative appointed by it for this purpose.
15. The credentials of representatives on the Security Council and of any representative appointed in accordance with rule 14 shall be examined by the Secretary-General.
16. Pending the approval of the credentials of a representative on the Security Council in accordance with rule 15, such representative shall be seated provisionally with the same rights as other representatives.
17. Any representative on the Security Council to whose credentials objection has been made within the Security Council, shall continue to sit with the same rights as other representatives until the Secretary- General has decided the matter.
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Part IV
Presidency
18. The presidency of the Security Council shall be held by a member of the Secretariat appointed by the Secretary-General.
19. The President shall preside over meetings of the Security Council and, under the authority of the Security Council, shall represent it in its capacity as an organ of the United Nations.
20. Whenever the President of the Security Council deems that s/he should not preside over the Council, s/he shall indicate his/her decision to the Council. The Presidential chair shall then devolve to a member of the Secretariat named by the President as his/her replacement. This rule shall not affect the representative capacity of the President as stated in rule 19, or duties under rule 7.
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Part V
Secretariat
21. The Secretary-General shall act in that capacity in all meetings of the Security Council. The Secretary-General may authorize a deputy to act in his/her place at meetings of the Security Council.
22. The Secretary-General, or his/her deputy acting on his/her behalf, may make either oral or written statements to the Security Council concerning any question under consideration by it.
23. The Secretary-General may be appointed by the Security Council, in accordance with rule 28, as rapporteur for a specified question.
24. The Secretary-General shall provide the staff required by the Security Council. This staff shall form a part of the Secretariat.
25. The Secretary-General shall give to representatives on the Security Council notice of meetings of the Security Council and of its commissions and committees.
26. The Secretary-General shall be responsible for the preparation of documents required by the Security Council.
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Part VI
Conduct of Business
27. The President shall call upon representatives in the order in which they signify their desire to speak.
28. The Security Council may appoint a commission or committee or a rapporteur for a specified question.
29. The President may accord precedence to any rapporteur appointed by the Security Council.
30. If a representative raises a point of order, the President shall state his/her ruling. If it is challenged, the President shall submit his/her ruling to the Security Council for immediate decision and it shall stand unless overruled.
31. Proposed resolutions, amendments and substantive motions shall normally be placed before the representatives in writing.
32. Principal motions and draft resolutions shall have precedence in the order of their submission. Parts of a motion or of a draft resolution shall be voted on separately at the request of any representative, unless the original mover objects.
33. The following motions shall have precedence in the order named over all principal motions and draft resolutions relative to the subject before the meetings:
1. To suspend the meeting;
2. To adjourn the meeting;
3. To adjourn the meeting to a certain day or hour;
4. To refer any matter to a committee, to the Secretary-General, or to a rapporteur;
5. To postpone discussion of the question to a certain day or indefinitely;
6. To introduce an amendment.
Any motion for the suspension or for the simple adjournment of the meeting shall be decided without debate.
34. It shall not be necessary for any motion or draft resolution proposed by a representative on the Security Council to be seconded before being put to a vote.
35. A motion or draft resolution can at any time be withdrawn so long as no vote has been taken with respect to it. If the motion or draft resolution has been seconded, the representative on the Security Council who has seconded it may require that it be put to the vote as his/her motion or draft resolution with the same right of precedence as if the original mover had not withdrawn it.
36. If two or more amendments to a motion or draft resolution are proposed, the President shall rule on the order in which they are to be voted upon. Ordinarily, the Security Council shall first vote on the amendment furthest removed in substance from the original proposal and then on the amendment next furthest removed until all amendments have been put to the vote, but when an amendment adds to or deletes from the text a motion or draft resolution, that amendment shall be voted on first.
37. Any member of the United Nations which is not a member of the Security Council may be invited, as the result of a decision of the Security Council, to participate, without vote, in the discussion of any question before the Security Council when the Security Council considers that the interests of that member are specially affected, or when a member brings a matter to the attention of the Security Council in accordance with Article 35 (1) of the Charter.
38. Any member of the United Nations invited in accordance with the preceding rule, or in the application of Article 32 of the Charter, to participate in the discussions of the Security Council may submit proposals and draft resolutions. These proposals and draft resolutions may be put to vote only at the request of a representative on the Security Council.
39. The Security Council may invite members of the Secretariat or other persons, whom it considers competent for the purpose, to supply it with information or to give other assistance in examining matters within its competence.
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Part VII
Voting
40. Voting in the Security Council shall be in accordance with the relevant Articles of the Charter and of the Statute of the International Court of Justice.
Part VIII
Languages
41. English shall be the official and working language of the Security Council.
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Appendices
Appendix I
United Nations Charter and the Security Council
Chapter V – The Security Council Composition
Article 23
1. The Security Council shall consist of fifteen Members of the United Nations. The People’s Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America shall be permanent members of the Security Council. The General Assembly shall elect ten members of the United Nations to be non-permanent members of the Security Council, due regard being specially paid, in the first instance to the contributions of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical distribution.
2. The non-permanent members of the Security Council shall be elected for a term of two years. In the first election of the nonpermanent members after the increase in membership from eleven to fifteen, two of the four additional members shall be chosen for a term of one year. A retiring member shall not be eligible for reelection.
3. Each member of the Security Council shall have one representative. Functions and Powers
Article 24
1. In order to ensure prompt and effective action by the United Nations, its members confer upon the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council shall act on their behalf.
2. In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and IX.
3. The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration.
Article 25
The members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.
Article 26
In order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world’s human and economic resources, the Security Council shall be responsible for formulating, with the assistance of the Military Staff Committee referred to in Article 47, plans to be submitted to the Members of the United Nations for the establishment of a system for the regulation of armaments.
Voting
Article 27
1. Each member of the Security Council shall have one vote.
2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members.
3. Decisions of the Security Council on all other 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.
Procedure
Article 28
1. The Security Council shall be so organized as to be able to function continuously. Each member of the Security Council shall for this purpose be represented at all times at the seat of the Organization.
2. The Security Council shall hold periodic meetings at which each of its members may, if it so desires, be represented by a member of the government or by some other specially designated representative.
3. The Security Council may hold meetings at such places other than the seat of the Organization as in its judgement will best facilitate its work.
Article 29
The Security Council may establish such subsidiary organs as it deems necessary for the performance of its functions.
Article 30
The Security Council shall adopt its own rules of procedure, including the method of selecting its President.
Article 31
Any Member of the United Nations which is not a member of the Security Council may participate, without vote, in the discussion of any question brought before the Security Council whenever the latter considers that the interests of that Member are specially affected.
Article 32
Any Member of the United Nations which is not a member of the Security Council or any state which is not a member of the United Nations, if it is party to a dispute under consideration by the Security Council, shall be invited to participate, without vote, in the discussion relating to the dispute. The Security Council shall lay down such conditions as it deems just for the participation of a state which is not a member of the United Nations.
Chapter VI – Pacific Settlement of Disputes
Article 33
1. The parties to a dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their choice.
2. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.
Article 34
The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security.
Article 35
1. Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly.
2. A state which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter.
3. The proceedings of the General Assembly in respect to matters bought to its attention under this Article will be subject to the provisions of Article 11 and 12.
Article 36
1. The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appropriate procedures or methods of adjustment.
2. The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties.
3. In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court.
Article 37
1. Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council.
2. If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate.
Article 38
Without prejudice to the provisions of Art icles 33 to 37, the Security Council may, if all the parties to any dispute so request, make recommendations to the parties with a view to a pacific settlement of the dispute.
Chapter VII – Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression
Article 39
The Security Council shall determine the existence of any threat to the peace, breech of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.
Article 40
In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.
Article 41
The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.
Article 42
Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.
Article 43
1. All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.
2. Such agreement or agreements shall govern the number and types of forces, their degree of readiness and general location, and the nature of facilities and assistance to be provided.
3. The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security Council and Members or between the Security Council and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.
Article 44
When the Security Council has decided to use force it shall, before calling upon a member not represented on it to provide armed forces in fulfillment of the obligations assumed under Article 43, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that Members armed forces.
Article 45
In order to enable the United Nations to take urgent military measures, members shall hold immediately available national airforce contingents for combined international enforcement action. The strength and degree of readiness of these contingents and plans for their combined action shall be determined, within the limits laid down in the special agreement on agreements referred to in Article 43, by the Security Council with the assistance of the Military Staff Committee.
Article 46
Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee. Article 47
1. There shall be established a Military Staff Committee to advise and assist the Security Council on all questions relating to the Security Council’s military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament.
2. The Military Staff Committee shall consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the United Nations not permanently represented on the Committee shall be invited by the Committee to be associated with it when the efficient discharge of the Committee’s responsibilities requires the participation of that Member in its work.
3. The Military Staff Committee shall be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. Questions relating to the command of such forces shall be worked out subsequently.
4. The Military Staff Committee, with the authorization of the Security Council and after consultation with appropriate regional agencies, may establish regional subcommittees.
Article 48
1. The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the United Nations or by some of them, as the Security Council may determine.
2. Such decisions shall be carried out by the Members of the United Nations directly and through their action in the appropriate international agencies of which they are members.
Article 49
The Members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council.
Article 50
If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of those measures shall have the right to consult the Security Council with regard to a solution of those problems.
Article 51
Nothing in the present Charter shall impair the inherent rights of individual or collective self-defense if an armed attack occurs against a member of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security. Measures taken by Members in exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.
Chapter VIII – Regional Arrangements
Article 52
1. Nothing in the present Charter precludes the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action, provided that such arrangements or agencies and their activities are consistent with the Purposes and Principles of the United Nations.
2. The Members of the United Nations entering into such agreements or constituting such agencies shall make every effort to achieve pacific settlement of local disputes through such regional arrangements or by such regional agencies before referring them to the Security Council.
3. The Security Council shall encourage the development of pacific settlement of local disputes through such regional arrangements or by such regional agencies either on the initiative of the states concerned or by reference from the Security Council.
4. This Article in no way impairs the application of Articles 34 and 35.
Article 53
1. The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council, with the exception of measures against any enemy state, as defined in paragraph 2 of this Article, provided for pursuant to Article 107 or in regional arrangements directed against renewal of aggressive policy on the part of any such state, until such time as the Organization may, on request of the Governments concerned, be charged with the responsibility for preventing further aggression by such a state.
2. The term enemy state as used in paragraph 1 of this Article applies to any state which during the Second World War has been an enemy of an signatory of the present Charter.
Article 54
The Security Council shall at all times be kept fully informed of activities undertaken or in contemplation under regional arrangements or by regional agencies for the maintenance of international peace and security.
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Appendix II
Security Council Options in the Settlement of Disputes In Chapter VI of the Charter of the United Nations (see Charter sections relevant to the Security Council) the role of the Security Council in the pacific settlement of disputes is defined. This role is largely advisory in the initial stages of disputes, and tends to be one of non-participatory influence rather than active interference. More succinctly, the Security Council is designated as a forum which crystallizes problems and attempts to then influence parties to the dispute to settle their problems through negotiations amongst themselves rather than resort to war. The Security Council is designed to adopt more active measures such as sanctions, embargoes, and peacekeeping forces only as a last resort.
If a dispute is “likely to endanger the maintenance of international peace and security,” as defined in Article 34 of the Charter, any member of the United Nations or any nation which accepts the obligations of the Charter for the purpose of the resolution of the dispute, has the right (under Article 35) to bring the matter before the Council. Article 36 of the Charter maintains that the Council may always recommend procedures or methods for the peaceful settlement of disputes as defined by Article 33. In addition, Articles 37 and 39 hold that the Council must make recommendations concerning disputes that endanger international peace and security. The Council, if it chooses to address the issue, is then faced with a variety of options in the attempt to bring about a (peaceful) solution.
I. Negotiations and Resort to Regional Agencies
Article 33 of the Charter establishes that the first steps taken by parties to the dispute shall be to seek “a solution by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.” In other words, an attempt should be made first to settle disputes peacefully and through negotiations in the local area, before they become internationalized. Thus, for example, the Council has recommended that (if possible) the Organization of African Unity settle the issue of the Western Sahara.
The Security Council in this first stage takes the role of an observer. This observatory role, however, is one which carries with it the moral force of the world community, to let the participants to the dispute know that the international community expects and encourages a peaceful settlement. Perhaps the best example of this is Security Council Resolution 242 (1967) calling for comprehensive negotiations to settle the problem of the situation of the Middle East.
II. Investigation
According to Article 34, the Council may also conduct investigation(s) into an area of dispute in order to determine the nature of the dispute and the potential that it will expand. It is then hoped that the Council will be able to make suitable recommendations to help settle the dispute. Initial UN involvement in India and Pakistan (in 1948) involved a 5 member commission sent to the Kashmir at Council recommendation to investigate the dispute. Subsequently, peacekeeping forces were assigned to the region.
III. Economic, Military and Diplomatic Sanctions
According to Article 41 of the Charter, the Council may determine that certain measures (short of armed force) are necessary to bring about the settlement of a dispute. These measures may include the “complete or partial interruption of economic relations.” It is hoped that through economic sanctions a nation will be forced to acquiesce to international pressure or face economic ruin. Economic sanctions were imposed on Southern Rhodesia in 1966 and 1968, and were not lifted until 1978 when that nation repudiated its Unilateral Declaration of Independence. Similar economic sanctions have been in force against South Africa from 1977 until recently.
The Council may also call for the severing of all “rail, sea, air, postal, telegraphic, radio, and other means for communication” and transportation to help enforce its decisions.
Similar to economic sanctions, the Council may also call for the international community to place an embargo on the export of military goods to a specific nation. It is hoped that the threat of possible military vulnerability through these sanctions will similarly force a nation to accept the decision of the UN, a regional agency, or other peacefully negotiated settlement.
In addition to these economic and military embargoes, the Council may also call for the severance of all diplomatic ties between a given nation and member states of the UN.
The Council, through Article 42, is empowered to take whatever actions (through the use of air, land, and sea forces) are necessary to implement the sanctions that it has called for. Thus the Council can not only call for economic sanctions against a nation, but has the capability to set up a blockade to enforce this decision. This of course is more difficult than it sounds, because it is necessary to gain at least nine votes–including the concurring votes of all five permanent members–for such a resolution to pass.
IV. Peacekeeping Forces
Should other methods of settlement be exhausted, the Security Council, in fulfilling its Charter obligations to maintain international peace and security (Article 24), may “take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security.” (Article 42).
The creation and implementation of these peacekeeping forces is not a decision lightly made. The use of these troops is a final option, when all else has failed. The process by which these troops are created is a lengthy, and at times (due to political differences) an elusive one. Following the submission of a dispute to the Council, it must first be determined whether there in fact exists a threat to, or a breach of, peace. Following this determination the Council makes recommendations and/or decides what measures should be taken to restore international peace and security. (Article 39) Should the Council conclude that all other measures are inadequate, it may take such military action as it deems necessary to restore and maintain peace. (Article 42)
As the UN has no permanent “peacekeeping army,” the Council must create the necessary force. This is done under the jurisdiction of Article 29, which grants the Council the authority to bring into being any subsidiary organs (interpreted in this case as peacekeeping troops) it deems necessary for the performance of its functions. Member states, through Article 43, are obligated to make available to the Council (on its call) armed forces and/or any other form of assistance. Following an agreement on the creation of the force (a difficulty that will be dealt with later) the Military Staff Committee will assist in drawing up the plans for the implementation of the force.
The use of peacekeeping forces has been termed preventive diplomacy. Preventive diplomacy is the idea that the UN may be able to, through the employment of a relatively modest force, forestall the continued deterioration of a given situation. It represents a constructive effort to take collective action on behalf of the international community.
Realizing that the intent of peacekeeping forces is to attempt to maintain peace, let us examine some of the difficulties in the creation and implementation of such a force.
The ability of the United Nations to undertake military operations in the pursuit of international peace depends, in the contemporary world order, on the convergence of widely conflicting private interests. Such a convergence is unlikely to be more than partial and very temporary. The decision to establish a peacekeeping force depends upon such a convergence, which can be exceptionally difficult to achieve. When the problems of determining force composition, size and area of deployment are added in, some grave obstacles to the creation and deployment of peacekeeping forces arise. And even then one must consider the political (im)possibility of getting nine votes (including the five permanent members) in the Council itself. This form of peacekeeping, then, is limited to the extent that political consensus is possible.
Additionally, to further illustrate the difficulty of agreement, the definition of “peacekeeping” has yet to be arrived at. For reference purposes, the four part definition drawn up in 1964 by Paul Martin (the Canadian Minister of Foreign Affairs) will serve:
a. Peacekeeping involves the interposition of an international presence in one form or another.
b. The object of peacekeeping is essentially, to prevent violence from breaking out or to contain or curtail it where it has already broken out. United Nations forces are strictly debarred from taking the initiative in the use of armed force and, indeed may use it only as a last resort. c. Peacekeeping is designed to create or restore, as the case may be, an environment in which a peaceful solution to the problems at issue can at least be contemplated.
d. While the peacekeeping forces are not in themselves a form of conciliation or mediation, it has been specifically coupled with mediation in some situations and has served to underpin the carrying out of mediatory solutions in others.
This definition is clearly not sufficient, leaving out as it does detailed guidance regarding the site or nature of the international presence and its lack of precision as to the extent of the use of force to achieve a peaceful solution.
Even given the difficulties encountered in the creation of peacekeeping forces, the UN has in the past used peacekeeping troops with varying degrees of success.
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Appendix III
The Council’s Rules: Some Observations
The rules of procedure for the Security Council are, as you can see, quite short compared to other, more cumbersome, parliamentary bodies. The reasons for this brevity are two-fold. First, the existence of the veto requires that members work out recommendations to the last detail before a formal meeting is held. Since any procedural sleight of hand would likely be greeted with a least one veto, the Security Council decided to keep its rules simple and direct. Second, when these rules were first drawn up, no one knew how well they would work. Thus, they are rather broad in scope. The intention behind this was that a body of custom would arise in time to fill in the gaps in the rules. Note that the rules of the actual Security Council are still termed “provisional”, not “permanent.” In fact, a body of custom has arisen around these rules. This body of custom is best treated in Sydney Dawson Bailey’s The Procedure of the UN Security Council. This body of custom bears some examination.
The Security Council rules of procedure for the Bentley MUN are taken in large part from the Provisional Rules of Procedure for the actual Security Council. These two sets of rules, are, however, not identical. The set of rules you have received, and only this set of rules, shall be used at the Bentley MUN. The rules and customs of other model UN conferences, while generally interesting and frequently quaint, have no standing at the Bentley MUN. The Security Council also does not follow Robert’s Rules, Congressional Rules, General Assembly Rules, or any other rules. In drawing up these rules we have altered actual Security Council practices somewhat in order to facilitate the smooth running of our simulation. Please take the time and effort to learn these interpretations of the rules. If you do, it will save a great deal of time and effort at the conference.
Meetings
Any observer of the Security Council quickly notes the apparent irregularity of its meetings. On one hand, the Council may meet only once every two weeks as required by rule 1. On the other hand, it may meet several times a week, or even several times a day. Regardless of how often the Council meets formally during a given period of time, informal caucusing, the real work of the Council, goes on continuously. During the course of this caucusing, when the President of the Council finds that the members have reached consensus regarding an issue, he/she will call for a formal meeting of the council. At this meeting, the members will present their governments’ positions on the issue at hand. If a consensus has been reached with regard to some action, that action will be formally proposed and put to a vote. When no members wish to continue speaking on the topic and all motions, draft resolutions, etc. have been dealt with, the Council’s work is, for the time being, over. Then the process of informal caucusing and consultations begins again.
Some of the specific rules regarding meetings bear some explanation. Rule 4 refers to periodic meetings of the Security Council. When the Charter was originally written, the diplomats wished to encourage as much personal contact as possible between the heads of government and the foreign ministers of the member states. The intended vehicle of this contact was the institution of periodic meetings mentioned in rule 4 as well as Article 28 (2) of the Charter. These meetings have taken place, but for the most part without the heads of government or the foreign ministers. The rule remains in the hope that these officials will come to appreciate the full potential benefits of these meetings and attend them. Rule 5 allows the Council to meet somewhere else in the world. The decision to shift the location of the Council is largely symbolic in nature. Such a decision indicates an appreciation for the needs of a particular region. In the past the Council has met in Africa and in Latin America. On the other hand, in 1976 the Council refused an invitation from the government of Indonesia because of the situation in East Timor.
One must also here note Article 28 (1) of the Charter which states “The Security Council shall be so organized as to be able to function continuously.” Thus the Council must be ready to meet regarding a crisis situation at any time.
Agenda
The provisional agenda consists of two parts: the adoption of the agenda and the topic for discussion. The President will call a meeting only when s/he notes a consensus among the members as to what topic will be addressed. When the meeting is convened, the first item will be the formal adoption of the agenda. This will be a procedural vote. Once a topic has been selected, the members will proceed to discuss that topic. When all parties who wish to speak have done so, and all motions, draft resolutions, etc. have been dealt with, the agenda item has been exhausted and that meeting of the Security Council is over. The Council will then proceed to informally agree upon a new topic area and begin the whole process over again. Two specific observations must be made here. First, the titles of the agenda topics should whenever possible correspond to those previously used by the Council. Second, as long as the members wish to discuss the agenda topic, they may continue to do so. If the meeting is scheduled to end at 5:00 pm and reconvene at 7:00 pm, it will reconvene with the same agenda topic. The only motion which allows the Council to abandon a topic area without exhausting the speakers’ list is the motion to postpone discussion of the question indefinitely.
Representation and Credentials
The rules here are rather self-explanatory. The reason for them is to ensure that the representative has the authority to act for his/her state. When challenged, the benefit of the doubt lies with the representative whose credentials are challenged. The reason for this lies in preventing the use of a credentials challenge as a delay tactic.
Presidency
In the actual Security Council, the Presidency is held by the representatives themselves. Each country holds the Presidential chair for one month. The chair rotates according the English alphabetical order. Because of the limited time frame for our simulation, an appointed member of the Secretariat will preside over the Council. Again, some specific rules warrant explanation. Rule 19 allows the President to represent the Security Council as an institution. Thus if the Council wishes to send a message to a person or institution, it does so through the President. Rule 20 allows the President to have a colleague preside over the meeting. Such a colleague, however, may not assume those powers of the President given in Rule 19. One should note that only the President may decide whether or not s/he will allow a colleague to preside.
Conduct of Business
This section of the rules presents some of the thorniest procedural questions. Rule 27 deals with recognizing speakers. The President shall establish the procedure by which a representative may be recognized to speak. Representatives may be called on to speak one at a time of their names may be placed on a speaker’s list. All those expressing a desire to speak must be recognized unless the topic is abandoned through a motion to postpone discussion of the question indefinitely. There is no way to close a speaker’s list and move on to vote on a draft resolution. Everyone who wants to speak must be heard or the Council must leave the topic area. Nothing may interrupt a recognized speaker except the President of the Council or a representative rising to a point of order.
Before discussing the point of order, one must first discuss the other various parliamentary points. In our simulation there are no other parliamentary points. Points of information, points of inquiry, points of personal privilege, etc. may not be raised by a delegate during debate. If a delegate has a question or observation s/he wishes to make to the chair s/he or she must do so in writing. If a point does not fall strictly under the realm of a point of order, it may not be raised in any way during debate.
The point of order is an appeal directed to the President to correct some procedural wrong. It may be to object to an infraction of the rules on the part of another delegate or the president. It may be to object to an offense to proper decorum such as the distraction of caucusing delegates. Above all, it concerns procedural, not substantive, questions. When such a point is raised, the President will make his/her decision. This decision will stand unless overruled by the Council.
Rule 31 requires that most substantive motions be put before the delegates in writing. If this is impossible, the chair must see to it that all members have been adequately informed as to the text of the motion. Just because a motion is placed before the Council in writing, one should not conclude that it has been officially introduced. After all delegates have the motion in writing, the mover must still formally introduce the motion during a speech.
Rule 32 refers to dividing the question. Such a division is automatic upon request unless the original mover objects. If the original mover objects, the motion will be put to a vote. Such a motion is procedural in nature.
Rule 33 refers to a precedence of motions. These motions merit some discussion. A motion to suspend the meeting is appropriate when the Council needs some time to discuss something informally (for say 10 minutes, 1 hour, etc). A motion to adjourn the meeting is only appropriate on Sunday morning at the very end of the last meeting. A motion to adjourn the meeting to a certain day or hour would only be appropriate at the end of a scheduled session. For example, if a session should end at 5:30 pm and resume at 7:00 pm, this is the motion to introduce at 5:25 pm. A motion to postpone discussion of the question to a certain day should be taken if, say, a special report on a critical situation were due on May 20th, and no action could be taken until that report was received. A motion to postpone discussion of the question indefinitely is the only way to leave a topic area without exhausting the speakers list.
Rule 34 and 35 refer to seconding resolutions. To second a resolution is to become its co-sponsor. Any member wishing to second a resolution may. A resolution may receive more than one second. Seconding a resolution gives those members the same rights regarding the withdrawal of a resolution as the original sponsor.
Rule 36 gives guidelines regarding the order of precedence among amendments. Please note that these guidelines are not binding upon the President. S/he alone decides in what order these amendments will be decided.
Rules 37, 38 and 39 refer to inviting speakers to the Council. The Council tends to be quite liberal in allowing governments and individuals to address it. The only dispute arises then the Council invites an individual or organization to participate in discussions with the rights of members of the United Nations listed in rules 37 and 38. This issue frequently rises with the question of PLO participation in Council meetings.
Voting
Rule 40 and Article 27 of the Charter deal with voting. Each Council member has one vote. Procedural questions require nine votes in favor to pass. Substantive questions require nine votes in favor and the concurrence of the permanent members. Concurrence is defined as any vote except “no.”
During voting procedure no caucusing may occur. Also, no one may enter or leave the room during a vote. The President may invalidate any vote due to either of these reasons. Delegates may vote “yes,” “no,” “abstain,” or “pass.” If they wish to explain their votes, they must so indicate as they vote. After each nation has been called, the President will ask any nation which “passed” for its vote. After all the votes are tallied, delegates will be called upon to explain their votes. Once the explanations are complete, the result is announced and the vote is over. A nation may not change its vote in the Security Council.
