LAW 583 – INTERNATIONAL LAW II:

ASSIGNMENT 1

PREPARED BY:

JEEVA RACHELUSUN PRAGAS

2020470902

LAWB04K

PREPARED FOR:

DR. MARUF BILLAH

FACULTY OF LAW UITM SHAH ALAM

26 MAY 2023
"The Role of UN Security Council in Maintaining International Peace and Security:
An Assessment of Recent Russia- Ukraine Conflict"

I. INTRODUCTION

The United Nations also informally known as the UN, is an international governmental
organization that was created in 1945, following the devastation of the Second World War,
with one central mission; to maintain international peace and security, develop friendly
relations among nations, achieve international cooperation, and serve as a centre for
harmonizing the actions of nations. The UN is comprised of six principal organs, one of which
is the United Nations Security Council (UNSC) that was formed to guarantee international
peace and security. Among its roles are to establish peacekeeping operations, enact
international sanctions, authorize military action, recommend the admission of new UN
members to the General Assembly, and approve any changes to the UN Charter. The UNSC is
the only UN body with the authority to issue binding resolutions on member states. The
Security Council consists of fifteen members, of which five are permanent. The great powers
China, France, Russia, the United Kingdom, and the United States, who were also the victors
of World War II, have the power veto or block any substantive Security Council resolution,
including those on the admission of new member states to the United Nations or nominees for
the office of Secretary-General. The other ten members are elected on a regional basis for a
term of two years. To ensure a balance of power, the body's presidency rotates monthly among
its members.

Despite being part of the Big 5, and supposedly being a leader in maintaining
international peace and security, Russia committed a breach of international peace by invading
Ukraine on the 24th of February 2022, when they invaded and occupied parts of Ukraine,
following the major escalation of the Russo-Ukrainian War, which had begun in 2014; killing,
injuring and displacing Ukranians in the process. In summary, the dispute between Russia and
Ukraine began after Ukraine wished to join NATO and Russia was unfavourable to the motion.
NATO stands for The North Atlantic Treaty Organization, also known as the North Atlantic
Alliance, which is an intergovernmental military alliance between 31 member states – 29
European and two North American. The importance of this treaty is that, member states are
required to come to the aid to help defend fellow states to the treaty should they be attacked.
Russia was completely against any former Soviet Union states joining the treaty, the conspiracy

1
being that there was an intention to reclaim the former states. Others say it is out of concern
that the former states may unify and stand against Russia1. Conversely, the other members of
NATO were open to the idea, claiming that NATO had an open-door policy. Infuriated, Russia
demanded that NATO sign a treaty preventing Ukraine from joining2. However, NATO’s
Secretary General, Jens Stoltenberg replied that "Russia has no say" on whether Ukraine joins,
and that "Russia has no right to establish a sphere of influence to try to control their neighbors"3.
Following that Russia allegedly sent its troops into Ukraine as “peacekeepers” which quickly
escalated to a “special military operation” to "protect the people" of the Donbas, in the Russian-
controlled breakaway republics of Donetsk and Luhansk. Russia falsely claimed they had been
suffering "genocide perpetrated by the Kyiv regime" for eight years4, that Ukraine's
government were neo-Nazis under Western control, that Ukraine was developing nuclear
weapons, and that NATO was building up military infrastructure in Ukraine to threaten Russia5
and alleged that they simply sought the "demilitarisation and denazification" of Ukraine6.

This paper will look into and discuss the role of United Nations Security Council
(UNSC) in Maintaining International Peace and Security and their role in the recent Russia-
Ukraine Conflict.

1
Independent Digital News and Media. (2023, April 27). Why does Russia want to block Ukraine from joining
NATO?. The Independent. https://www.independent.co.uk/news/world/europe/russia-ukraine-war-news-
nato-membership-b2174404.html
2
Coyer, Cassandre (25 February 2022). "Why is Ukraine not in NATO and is it too late to join? Here's what
experts, NATO say". The Miami Herald. Archived from the original on 29 March 2022. Retrieved 28
February 2022.
3
"NATO chief: "Russia has no right to establish a sphere of influence"". Axios. 1 December 2021. Archived
from the original on 14 February 2022. Retrieved 20 May 2023.
4
Hinton, Alexander (25 February 2022). "Putin's claims that Ukraine is committing genocide are baseless, but
not unprecedented". The Conversation.
5
"Full text: Putin's declaration of war on Ukraine". The Spectator. 24 February 2022.
6
Sheftalovich, Zoya (24 February 2022). "Battles flare across Ukraine after Putin declares war". Politico.
Archived from the original on 24 February 2022. Retrieved 20 May 2023.

2
 II. THE UN SECURITY COUNCIL’S MANDATE AND RESPONSIBILITIES

The UNSC is one of the six principal organs of the United Nations. Its primary
responsibility is to maintain international peace and security. Chapter V of the United Nations
Charter empowers the Security Council, where Article 24 provides that the specific powers for
the discharge of its duty are provided in Chapters VI, VII, VIII, and XII. The mandate and
responsibilities of the United Nations Security Council (UNSC) are outlined in Chapter VII;
Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression.

The first of its roles is to maintain international peace and security. The main mandate
of the Security Council is to maintain international peace and security. It is responsible for
identifying threats to peace, determining the existence of aggression, and recommending or
taking appropriate actions to address conflicts or threats.

Secondly to authorize peacekeeping operations. With the consent of its members, not
an individual state’s choice, like Russia chose to send “peacekeepers” to Ukraine, the Security
Council has the authority to establish peacekeeping missions in areas where there is a threat to
peace or an ongoing conflict. It can deploy UN peacekeepers to monitor ceasefires, separate
conflicting parties, facilitate peace processes, and assist in the implementation of peace
agreements. This is to reduce tensions in troubled areas, keep opposing forces apart, and create
conditions for sustainable peace after settlements have been reached7. Surprisingly, despite the
many conflicts around the world the UNSC has only authorized two peacekeeping missions,
since 2014, in the Central African Republic and Haiti8.

Thirdly, the Security Council may authorize Military Action. However, this is limited
to situations where peaceful means are no longer adequate to restore peace and security. Upon
the agreement of the fellow council members, the Security Council may authorize the use of
force. This typically involves issuing resolutions under Chapter VII of the UN Charter, which
allows for military action to maintain or restore international peace and security.

Fourthly, the Security Council has the power to impose sanctions on countries or
entities that pose a threat to international peace and security. These sanctions can include arms
embargoes, economic measures, travel restrictions, and other measures aimed at pressuring

7
United Nations. (2022). Peace and Security. United Nations. https://www.un.org/en/global-issues/peace-and-
security
8
The UN Security Council. (n.d.). Council on Foreign Relations.
https://www.cfr.org/backgrounder/un-
securitycouncil#:~:text=The%20Security%20Council%20fosters%20negotiations

3
parties to comply with international norms and obligations. An example of this can be seen in
1977, where the UNSC imposed an arms embargoes against South Africa to signify their
disapproval of the apartheid that was happening9.

Fifthly, the United Nations Security Council also serves as a mode of conflict resolution
and mediation. It is important to note that the Security Council plays a significant role in
resolving conflicts and promoting peaceful settlements. The council can establish special
envoys or committees to support mediation efforts and facilitate negotiations between
conflicting parties to reach peaceful resolutions.

Besides that, the Security Council is also a means for International Criminal Justice.
The Security Council has the authority to refer cases of serious international crimes, such as
genocide, war crimes, and crimes against humanity, to the International Criminal Court (ICC)
or establish ad hoc tribunals to hold individuals accountable for such crimes.

Other than that, the Security Council is also responsible for the Non-Proliferation of
Weapons of Mass Destruction. The Security Council is accountable to prevent the proliferation
of weapons of mass destruction (WMDs) and their means of delivery. This means that the
Security Council can impose sanctions and take other measures to deter the development,
production, acquisition, or transfer of such weapons.

Lastly, the Security Council has a duty to ensure that states adhere to International Law
and Human Rights. The Security Council has an obligation guarantee that parties to conflicts
abide by international humanitarian law, human rights law, and other relevant international
legal frameworks. It can take measures to address human rights abuses, protect civilians, and
hold violators accountable.

Chapters VI, VII, VIII, and XII of the UN Charter further empower the UNSC beyond
the above mandates. Chapter V defines the Security Council and lays down its ground rules,
explaining its composition, function and powers, voting rules and procedures. Chapter VI
provides for the means for Pacific Settlement of Disputes. Chapter VII is the most important
in maintaining international peace and security, as it provides for what Action is to be taken
with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression. In Article

9
Ibid 7

4
39 of the UNC, the Security Council shall determine the existence of any threat to the peace,
breach 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. In Article 40, the UNSC has the duty to call upon concerned
parties that are jeopardizing international peace 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. If the parties fail to comply, the Security
Council shall duly take account of failure and further move to the procedure in Article 41. The
Security Council may then decide what measures to be taken, that do not involve the use of
armed force to be employed to attempt to restore peace and 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, or the severance of diplomatic relations. If the measures taken in Article 41
are inadequate, by virtue of Article 42, the UN Security Council may then consider to take such
action by air, sea, or land forces, as 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. This is an example of the UNSC’s authority
to authorize military action to ensure international peace and security.

Besides identifying the mandates and authorities of the UNSC, it is also important to
highlight the Security Council’s authority in decision making. As aforementioned, the UNSC
has the authority to determine threats to international peace and security and take actions to
address them. This extends to authorizing the use of force, imposing sanctions, establishing
peacekeeping operations, and issuing binding resolutions to member states.

Binding resolutions stem from all of UNSC’s decisions, which become resolutions that
are binding on all states. These resolutions are an obligation to states to be implemented by
where non-compliance could result in diplomatic pressure, economic sanctions, or even
military action. However most often, the disobedience of countries to a resolution is not met
with any action due to either the power of the country or its allies. For example, when China
disputed the South China Sea as its territory, The Philippines referred the issue to the UN due
to military incursions and island seizers by China in the area. Despite the warning from the
UNSC, China ignored the ruling and has not changed its claim to the South China Sea nor
curbed its military activity there. Conversely, no action was taken against China as no member
state was willing to impose sanctions or trade embargos against such as a large economic power

5
over the issue, nor to take military action. Besides that, due to the design of the UNSC and its
deadlock nature, the UNSC cannot address or mitigate or intervene in a conflict when one of
its permanent members is a party to the conflict10. As China is a permanent member to the
Security Council, hence no action could be taken against them, this is a relevant fact that should
be remembered as it will be further elaborated in this paper. Another example is Israel, the
country with the most UN resolutions against it. On multiple occasions it has been ordered to
withdraw from the Occupied Palestinian Territories. Despite many UNSC resolutions, Israel
has always acted against demands to end its occupation. The main reason little action has been
taken against Israel for going against UNSC that it is supported diplomatically, economically
and politically by powerful states such as the US, who is also a permanent member of the
Security Council11. Despite action not being taken most of the time when a country breaches a
resolution, the failure to get approval from the UN or the act of breaching a resolution can turn
the public opinion against the action and exert pressure on a country to stop its actions. An
example of this is the 2003 US-led invasion of Iraq. After failing to get a UN Security Council
resolution formally approving the invasion, the United States alleged that ‘diplomacy had
failed’ and used that as grounds to invade Iraq, defying the UNSC in the process. Neither the
UN nor any member states took action against the US for going against the UNSC; due to the
fact that the US is a permanent member of the UNSC and a powerful country but it did cause
an uproar in the public specifically its own people which eventually caused them to withdraw
in 2011. Ergo, there is a flaw in the UNSC system where it cannot take action against its
permanent members despite a breach of the resolution, and while the authority may seem ideal,
it is highly improbable to exercise as most countries that go against a UNSC resolution are
powerful, whether with nuclear weapons like Pakistan or a big economic player like China,
where member states would not want to impose sanctions or take action against, out of fear of
retribution.

Other than that, as aforementioned UNSC’s authority is derived from the Charter of the
United Nations: The UN Charter empowers the UNSC to make decisions on behalf of the

10
The U.N. Security Council Was Designed for Deadlock — Can it Change? (n.d.). United States Institute of
Peace. https://www.usip.org/publications/2023/03/un-security-council-was-designed-deadlock-can-it-
change#:~:text=By%20design%2C%20the%20UNSC%20cannot
11
Duncan. (2021, November 15). What Happens If A Country Goes Against The UN? We Find Out.
Humanitarian Careers. https://humanitariancareers.com/country-against-united-
nations/#:~:text=What%20consequences%20can%20a%20country

6
international community and these decisions carry significant weight and influence in global
affairs.

But how does the Security Council actually decide to act on a matter? Firstly, the role
of the members must be identified. The Security Council consists of 15 member states,
including five permanent members; China, France, Russia, the United Kingdom, and the
United States, and ten non-permanent members elected by the General Assembly for two-year
terms. While the decisions of the UNSC are to be made collectively and voted upon by all 15
members, permanent members hold veto power, allowing them to block any substantive
resolution even if it is agreed on by other members of the UNSC. For a resolution to pass, the
Security Council decisions require affirmative votes of at least nine of the 15 members,
including the concurring votes of all five permanent members if they do not exercise their veto
power. Non-permanent members can participate in the decision-making process, but they do
not have veto power and their votes may also be vetoed by the permanent members. Personally,
I feel this is not fair, as the five permanent members consist of some of the most problematic
states that have threatened world peace over the years, despite that being their main
responsibility, and them having veto power allows them to have discretion to disagree in bad
faith if it goes against their own personal agendas and due to the design of the UNSC have no
action taken against them, no matter how threatening their actions are to world peace and
security.

Besides that, in making decisions, the Security Council engages in consultations and
negotiations among its members to reach a consensus on important issues. This process
involves discussions, exchange of views, and diplomatic efforts aimed at finding common
ground and addressing concerns raised by different member states.The UNSC also holds both
open and closed meetings to decide on matters. Open meetings allow for participation and
contributions from UN member states, non-member states, and other stakeholders. Closed
meetings are confidential and only allow for frank discussions among the Council's members.
Lastly, the UNSC empowers various working methods for its decision making. The Security
Council has developed various working methods to enhance its effectiveness and efficiency in
making decisions, which include informal consultations, expert briefings, subsidiary bodies,
and ad hoc committees established for specific issues.

While the Security Council was formed in the best interest of international peace and
security, more than wished, making decisions is often complex and contentious due to the

7
divergence in opinion and interests of its members. Consequently, the veto power of the 5
permanent members also become a stick up the arse as it notably affects decisions from being
made, as discussed above, the Big 5 at times misuse their veto power to act in their own interests
thus prohibiting the Council from actually making decisions for the peace and security of the
world. Nevertheless, without the Security Council, world peace and security would be harder
to achieve as the UNSC is still a pertinent body of international cooperation and like
mindedness in tackling global peace and security problems. Without it, the world would be in
chaos, every country claiming they know what is best and fighting for their stance to be abided
by, essentially a dispute of power. Through the council, there is a balance of power and an
attempt to balance interests among the members to ensure its main goal, international peace
and security are maintained.

III. CONFLICT MEDIATION EFFORTS

Another significant role that the UNSC plays is in mediating conflicts to maintain
international peace and security. While the Security Council has several tools at its disposal,
such as sanctions and military interventions, mediation remains an important approach for
peaceful conflict resolution. Thus, the Security Council also has the authority to enforce
mediation for a conflict instead of resulting to military measures. This will be further elaborated
below.

Firstly, the UNSC can declare a mandate for mediation. The UNSC may enforce a
mandate on conflicting parties for mediation where conflict or disputes arise. The Security
Council is empowered to establish a specialized mediation body or appoint a special envoy or
mediator to facilitate dialogue and negotiations between conflicting parties12. Secondly, the
UNSC may employ diplomatic efforts to encourage peaceful conflict resolution. One of the
special powers of the UNSC is that they can employ diplomatic channels and initiatives to
encourage conflicting parties to engage in dialogue and find peaceful solutions. This may be
by issuing statements, holding consultations, or sending diplomatic missions to the concerned
regions or countries. Thirdly, the UNSC has a job to assess and monitor conflict. They closely
monitor conflicts around the world and assesses their nature, scope, and potential threats to

Security Council & Mediation | UN Peacemaker. (2018). Un.org. https://peacemaker.un.org/peacemaking-

12

mandate/security-council

8
international peace. This is by gathering information from various sources, including UN
peacekeeping missions, regional organizations, and independent reports, to understand the root
causes and dynamics of the conflict. This is all to prevent conflict from happening, by fixating
on conflict prevention through observing warning signs or taking preventative measures, this
allows peace to be more effectively maintained as they look out for warning signs and handle
it there before it escalates further. How the UNSC does it is by engaging with countries and
regions at risk of conflict, promoting dialogue between them, and encouraging the adoption of
peaceful and inclusive governance systems instead of military action to solve their dispute.
Hence, mediation actually plays a pertinent role in preventing conflicts from escalating and
becoming a threat to international peace. Other than that, the UNSC also engages in peace
agreements. They do this by endorsing and implementing peace agreements reached through
mediation. These peace agreements can adopt resolutions that endorse the terms of the
agreement, establish a peacekeeping mission to support its implementation, and monitor the
compliance of the parties involved. The UNSC also provides negotiations facilitation for
parties at conflict by way of mediating between them. They may organize formal or informal
talks, shuttle diplomacy, or even provide a platform for dialogue to bring together
representatives of conflicting parties to discuss the matter peacefully. The Council's
involvement adds to international legitimacy and can exert pressure on parties to engage in
good faith negotiations. After mediation is completed, the UNSC also has authority to enforce
the mediated settlements on the parties. When a mediated settlement is reached, the Security
Council can use its authority to enforce the terms of the agreement by way of deploying
peacekeeping forces or even imposing sanctions to ensure compliance and to deter any attempts
to derail the peace process. It acts as a referee of sorts to ensure states play peacefully. Lastly,
the UNSC also functions to provide Post-Conflict Stabilization. Even after a conflict has been
resolved, the Security Council continues to support the implementation of peace agreements
and the long-term stabilization of the conflict-affected areas. They may also assist this by
overseeing reconstruction efforts, promoting national reconciliation, and providing aid to post-
conflict governments to consolidate peace and prevent a relapse into violence. An example of
the above process is the UN Multidimensional Integrated Stabilization Mission in Mali
(MINUSMA) in 2018. Peacekeepers were sent to connect with the local population to build
support for the peace process and to gather critical information for MINUSMA to carry out its
mandate effectively13.

13
Ibid 12

9
 In applying this to the focus of this paper, how did the UNSC then respond to the
Russia-Ukraine conflict by ways of mediation? When rumours surfaced of Russia’s intention
to invade Ukraine, the UNSC did not hold a mediation between the two countries. Instead,
France and Germany, by representation of their leaders, Emmanuel Macron and Olaf Scholz
respectively, went and met with Russia’s leader Putin to convinces Russia to not move forward
with their invasion. Germany warned Russia of the heavy sanctions that would be imposed
should they decide to invade Ukraine however they failed to convince Russia, resulting in the
invasion of Ukraine. The UNSC which was formed to encourage its members to ‘settle their
international disputes by peaceful means in such a manner that the international peace and
security, and justice were not endangered’ and was initially a resourceful array of mechanisms
and processes to resolve conflict were soon confronted by the structural limitations and the
egotistical imperatives of the superpowers resulting in the UN Security Council Failure to
Mediate in the Russia-Ukraine Conflict14.

As discussed above, the 5 veto powers that were initially given to empower these
strongest nations to vote in the best interests of the international community, have now been
misappropriated to dominate the Security Council in all major decisions, such as the US in the
Nicaragua case, where despite their breach of treaties and multiples jus cogens, being able to
get away with it without having to compensate for their damage due to their position on the
security council and their veto power to vote against it. The veto powers have resulted in the
UN’s ability to resolve conflicts and build peace to become structurally paralysed. As one
dissenting veto vote would result in an entire resolution not being passed, countries like Russia
and the US have used this as an escape tactic to get away with their personal interests. The self-
interested agendas and cynical actions of the P5 members of the UNSC, such as the Russian
Federation, China, US, and France, has transformed the Council into a net contributor to global
insecurity, as evidenced by the world-wide impact of the Russian-instigated crisis in Ukraine15.

The UNSC attempted to resolve the Russia-Ukraine conflict by passing a resolution

demanding Russia to immediately stop its attack on Ukraine and withdraw all troops, this
resolution supported by 11 of the 15 members, was easily vetoed by Russia16, a permanent

14
IJR. (n.d.). UN Security Council Failure to Mediate in the Russia-Ukraine Conflict. IJR.
https://www.ijr.org.za/2022/09/30/un-security-council-failure-to-mediate-in-the-russia-ukraine-conflict/
15
Ibid 14
16
United Nations. (2022, February 25). Russia blocks Security Council action on Ukraine. UN News.
https://news.un.org/en/story/2022/02/1112802

10
power resulting in the UNSC being deadlocked, not being able to take any action on the matter.
As mentioned above, not only a veto but the UNSC cannot take stand in a conflict where one
of its members is party to it, or the one who caused it. Therefore the UNSC has failed due to
the design of it to mediate in the Russia-Ukraine conflict despite the strong support of other
permanent members like The United States, the United Kingdom and France that said Russia
is isolated, and has no support for the invasion of Ukraine, these three superpowers in support
with Ukraine. Despite all that, the UNSC as a body has failed to not only maintain international
peace and security but also mediate in the conflict peacefully.

That being said, despite the UNSC not being able to take action as a body, individual
member states and regional organizations have implemented sanctions against Russia in
response to its actions in Ukraine. These sanctions targeted key individuals, entities, and sectors
of the Russian economy. Peacekeeping forces such as the Organization for Security and Co-
operation in Europe (OSCE) Special Monitoring Mission were also deployed to Ukraine for
international monitoring missions to gather information, report on the situation, and facilitate
dialogue between the parties involved.

Nonetheless, ultimately, the Security Council's response to the Russia-Ukraine conflict

has faced significant challenges due to political divisions among its members. The Russian
veto power has impeded the adoption of comprehensive resolutions, resulting in limited
international action. As a result, the conflict has continued with periodic escalations and
ceasefire violations. The prospects for a peaceful resolution remain uncertain, and the situation
is highly sensitive and subject to evolving dynamics.

IV. SANCTIONS AND DIPLOMATIC PRESSURE

While UNSC is deadlocked unable to impose sanctions on Russia, many of its member
states have taken a stance to do so. Among the sanctions included cutting off major Russian
banks from SWIFT17, the global messaging network for international payments, although there
would still be limited accessibility to ensure the continued ability to pay for gas shipments,
freezing assets in the Russian Central Bank, which holds $630 billion in foreign-exchange
reserves. In fact by 1st of March 2022, the total amount of Russian assets frozen by sanctions

17
"Western allies will remove Russian banks from Swift". BBC News. Retrieved 20 May 2023.

11
amounted to $1 trillion18. Even major multinational companies such as Apple, IKEA,
ExxonMobil, and General Motors, have individually decided to apply sanctions to Russia19.
The Ukrainian along with U.S. and EU governments have explicitly urged the global private
sector to help uphold sanctions, and the EU, UK and Australia have also called on global digital
platforms to remove Russian-based web sites20. Even historically neutral countries like
Switzerland and Singapore have agreed to partial sanctions21. One of the biggest sanctions was
empowered by Germany who suspended the Nord Stream 2 pipeline and announced a new
policy of energy independence from Russia22, resulting in a big cut of Russian income. The US
on the other hand, instituted export controls, a novel sanction focused on restricting Russian
access to high-tech components, both hardware and software, made with any parts or
intellectual property from the US. The sanction required that any person or company that
wanted to sell technology, semiconductors, encryption software, lasers, or sensors to Russia
request a license, which by default was denied. The enforcement mechanism involved
sanctions against the person or company, with the sanctions focused on the shipbuilding,
aerospace, and defence industries23.

Essentially, while the UNSC was not able to impose sanctions themselves, similarly to
the US invasion of Iraq, conversely, individual states unified against Russia to impose sanctions
in hopes that Russia would back down due to the sanctions and diplomatic pressure from states
disapproving of their actions.

V. PEACEKEEPING EFFORTS

As briefly touched on earlier in this paper, peacekeeping missions are deployments of

military, police, or civilian personnel organized by international organizations, primarily the

18
Riley, Charles (1 March 2022). "The West's $1 trillion bid to collapse Russia's economy". CNN.
19
Sanger, Andrew (17 March 2022). "Piercing the State's Corporate Veil: Using Private Actors to Enforce
International Norms". EJIL: Talk!. Retrieved 20 May 2023.
20
Ibid 19
21
Cumming-Bruce, Nick (28 February 2022). "Switzerland says it will freeze Russian assets, setting aside a
tradition of neutrality". The New York Times. Archived from the original on 1 March 2022. Retrieved 20 May
2023.
"Singapore to impose banking, trade restrictions on Russia". Nikkei Asia. 28 February 2022. Archived from the
original on 1 March 2022. Retrieved 20 May 2023.
22
McGillis, Alec. "How Putin's Invasion of Ukraine Upended Germany". The New Yorker. Archived from the
original on 14 March 2022. Retrieved 20 May 2023.
23
"America has targeted Russia's technological fabric". The Economist. 25 February 2022. Archived from the
original on 26 February 2022. Retrieved 20 May 2023.

12
United Nations (UN), to help maintain peace and security in areas affected by conflict24. These
missions play a crucial role in conflict resolution by facilitating peaceful transitions, supporting
peace agreements, and providing security in post-conflict environments as well as resubilding
damaged structure.

Essentially peacekeepers operate under a specific mandate granted by the UN Security

Council, which outlines their objectives, rules of engagement, and authority. The mandate
typically includes tasks such as ceasefire monitoring, facilitating dialogue, protecting civilians,
disarming combatants, and promoting the rule of law. Among their responsibilities is to remain
impartial and neutral, not favoring any party to the conflict. Their presence is based on the
consent of the host country and the conflicting parties, ensuring their cooperation and
participation in the peace process. They work to monitor and report violations of ceasefires or
peace agreements, providing early warning of potential conflicts. They observe and document
events, helping to deter potential spoilers and holding accountable those responsible for
violations. They also aid in facilitating negotiations, by serving as intermediaries, facilitating
dialogue between conflicting parties and helping them reach peaceful agreements. They can
provide a platform for negotiations, offer technical expertise, and support mediation efforts by
fostering trust and creating a conducive environment for dialogue. Besides that, as they are
considered a military body, often consisting of volunteer soldiers from every country, they also
function to maintain security and protection. Peacekeepers establish a physical presence to
deter violence, protect civilians, and ensure the safety of humanitarian aid workers. They may
conduct patrols, establish checkpoints, and provide security for critical infrastructure and key
institutions. Peacekeepers also assist in the disarmament, demobilization, and reintegration
(DDR) of former combatants. They oversee the collection and storage of weapons, facilitate
the reintegration of former fighters into civilian life, and support the establishment of effective
security structures. Peacekeepers often work alongside humanitarian agencies to provide
essential services, such as medical aid, food distribution, and access to clean water. They
support the delivery of humanitarian assistance and contribute to the long-term development
of conflict-affected regions. Their missions also responsible for rebuilding institutions and
promoting the rule of law. They help establish or reform police forces, judicial systems, and
correctional facilities, ensuring access to justice and supporting the protection of human rights,
usually in underdeveloped countries like Haiti. Their mission aims to strengthen the capacity

24
United Nations. (2019). What we do. United Nations Peacekeeping. https://peacekeeping.un.org/en/what-we-
do

13
of local institutions and security forces. Through training and mentoring, they enhance the
skills of local personnel, enabling them to assume responsibility for their country's security and
stability. Lastly but most importantly, the biggest Peacekeeping mission is to contribute to the
overall political stabilization of conflict-affected areas. By promoting inclusive governance,
supporting elections, and fostering reconciliation processes, they help establish the foundations
for sustainable peace.

While peacekeeping missions have achieved significant successes in some instances,

their effectiveness can vary depending on various factors, including the complexity of the
conflict, the willingness of parties to cooperate, available resources, and the support of the
international community. Nevertheless, they remain an essential tool in addressing conflicts,
promoting peace, and facilitating long-term conflict resolution efforts.

In regard to the Russia-Ukraine conflict, while traditionally, the authorization of

Peacekeeping missions is a collective decision by the members of the UNSC, however it can
be seen that Peacekeepers were sent to aid in Ukraine. This is rather conflicting in nature, as
the opposing party is a permanent member of the UNSC and the design of the Security council
is one that is deadlock in nature where, the UNSC cannot address, mitigate, interefere or stop
human suffering in conflict when one of its permanent members is a party to the conflict25.
However recent news has shown that peacekeepers have been sent to aid in Ukraine, against
the Russia’s consent, to which Russia has warned both NATO and the UNSC that they would
take these Peacekeepers, despite being a part of NATO and the UNSC, as enemy soldiers and
they ought to be removed or else Russia would be destroyed mercilessly as they are considered
as “soldiers of the enemy”26.

Therefore, it can be seen that UNSC has made efforts together with NATO to provide
Peacekeepers in Ukraine to address the Russia-Ukraine conflict however Russia has met such
an action with unreasonable hostility, despite being a member state to both UNSC and NATO.
Nevertheless the Ukrainian peacekeeping missions have provided a significant contribution of
knowledge to other members of the UNSC on the current situation of the Russia-Ukraine
conflict and has also played a role in assisting Ukrainian citizens as well as humanitarian work.

Ibid 10
25

“Peacekeepers” deployed to Ukraine without Russia’s consent must be eliminated – Medvedev. (n.d.). TASS.
26

Retrieved May 26, 2023, from https://tass.com/politics/1597935

14
VI. CRITIQUES AND LIMITATIONS OF THE SECURITY COUNCIL'S ROLE

The UNSC which was originally formed to maintain international peace and security
has failed in the Russia-Ukraine conflict due to multiple reasons.

Firstly, the design of the UNSC. The design of the UNSC, that provides veto powers
and gridlocks the Security Council is the biggest flaw in the Russia-Ukraine conflict. As
discussed above, the design of the system allowed for Russia to take advantage of their veto
right to prohibit the UNSC from acting against Russia. The abuse of this power has been
demonstrated by multiple nations such as China, The United States and even France at a point
of time. Evidently, designing a system, giving a veto power that allows an entire decision
supported by the council to be vitiated simply by one vote, is a major flaw in the design. As
can be seen over the course of history, permanent member states have misused this power to
aid their own interests and advantages. While with great power comes great responsibility,
being that the initial logic of creating such a power was in hopes that these 5 nations would
look out for the best interests of the international community, alas such power has been
corrupted, specifically in this case, where Russia is able to get away with a breach of
international laws and multiple jus cogens due to their veto power, and the UNSC not being
able to do anything about it.

Secondly, the limitation of action the UNSC can take. As can be seen in the ongoing
Russia-Ukraine conflict, despite the multiple sanctions placed on Russia, it continues to invade
Ukraine, with the UNSC being unable to do anything about it as a council. Yes, they can act
individually, but what is the point of having an International Security Council if they cannot
act to maintain peace and security when one of their permanent members is involved?
Especially when their permanent members were chosen due to the fact that they are some of
the strongest in the world. It does not make sense then to have a council that cannot take action
when it is most needed.

Therefore, action needs to be taken to change these circumstances. First and foremost,
there needs to be a review of the veto powers. While it was created with a good intent, being
humans, it has naturally been corrupted. Perhaps in a utopic society the ideology would work,
but vesting such a power in only five states has proven time and time again to be taken
advantage of and used for personal interests. Ergo, veto powers ought to be reviewed. Even if
they are not removed, the gridlock of where if one permanent member dissents, the entire
decision fails must be changed. If this stance continues to happen, the abuse of the veto power

15
will continue to be used as how Russia is doing, vetoing against the UNSC’s resolution to force
Russia to stop invading Ukraine, and as a result, the entire resolution not being able to stand.

There also should be a change in the permanent members. Clearly, some of these
members are abusing their permanent position to their advantage, resulting in them getting
away with multiple breaches of international peace and security. Perhaps the entire concept of
five countries holding ultimate power ought to be scrapped and changed to members holding
equal powers in voting, where democracy is applied and decisions are made truly on the best
interest of the international community, not with an agenda of personal interest. If such a
circumstance was true, the Russia-Ukraine conflict would not be ongoing, as there are a
majority of states who already stand against Russia’s actions and the UNSC would be able to
take action against Russia and conduct its role and responsibilities in ending the Russia-Ukraine
conflict.

VII. CONCLUSION

In conclusion, while the UNSC was built on good ideals to protect and maintain
international peace and security, the limitations of its structure and design have resulted in the
failure to resolve the Russia-Ukraine conflict. As aforementioned, what is the point of having
a security council, if it cannot do its job the moment one of its permanent members is involved?
Ergo, change must be made to the structure of the United Nations Security Council to ensure
that a situation like this does not happen again, where a permanent country gets away with
breaching multiple international laws and the security council is unable to act upon it due to
their conferred veto power. Of course, change is idealistic and highly improbable, but without
it, the Security Council loses its significance as it is not able to do its job, when it needs to be
done the most.

16
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