A Proposal to Strength the United Nations General Assembly

By Jorge Morales Pedraza

Introduction

In recent years, there has been an increase in the confrontation between the great powers and permanent members of the Security Council, which has paralyzed the activities of this important body of the United Nations and the organization as a whole.

On the other hand, despite being the main body of the United Nations, the General Assembly (GA) has its hands tied because it cannot adopt mandatory measures for its member states on any issues related to violations or non-compliance with the United Nations Chapter when the Security Council is unable to adopt a decision or resolution on these issues.

To overcome the present paralysis of the United Nations, particularly its Security Council, and waiting for urgent decisions on the structure and functioning of the United Nations system so that it can fulfill the mandate granted to it by the  United Nations Chapter, below is a proposal that could increase the role of the GA in resolving violations and non-compliance with the obligations and commitments assumed by its member states with the United Nations Chapter.

The General Assembly

The GA is the main representative body of the United Nations system, in which all of its member states are represented, without exception and where all its members have one vote, and none have a veto right. The role of the GA is described clearly in Articles 10, 11, 12, 13, 14, and 15 of the United Nations Chapter. These Articles explain the GA's role on any issue threatening peace and international security or violating the United Nations Chapter. According to these Articles, the GA can take the following actions:

Article 10

The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters.

Article 11

1.       The General Assembly may consider the general principles of co-operation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments, and may make recommendations with regard to such principles to the Members or to the Security Council or to both.

2.       The General Assembly may discuss any questions relating to the maintenance of international peace and security brought before it by any Member of the United Nations, or by the Security Council, or by a state which is not a Member of the United Nations in accordance with Article 35, paragraph 2, and, except as provided in Article 12, may make recommendations with regard to any such questions to the state or states concerned or to the Security Council or to both. Any such question on which action is necessary shall be referred to the Security Council by the General Assembly either before or after discussion.

3.       The General Assembly may call the attention of the Security Council to situations which are likely to endanger international peace and security.

4.       The powers of the General Assembly set forth in this Article shall not limit the general scope of Article 10.

Article 12

1.       While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests.

2.       The Secretary-General, with the consent of the Security Council, shall notify the General Assembly at each session of any matters relative to the maintenance of international peace and security which are being dealt with by the Security Council and shall similarly notify the General Assembly, or the Members of the United Nations if the General Assembly is not in session, immediately the Security Council ceases to deal with such matters.

Article 13

1.       The General Assembly shall initiate studies and make recommendations for the purpose of:

a)       promoting international co-operation in the political field and encouraging the progressive development of international law and its codification;

b)      promoting international co-operation in the economic, social, cultural, educational, and health fields and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

2.       The further responsibilities, functions, and powers of the General Assembly with respect to matters mentioned in paragraph 1 (b) above are set forth in Chapters IX and X.

Article 14

Subject to the provisions of Article 12, the General Assembly may recommend measures for the peaceful adjustment of any situation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the provisions of the present Charter setting forth the Purposes and Principles of the United Nations.

Article 15

1.       The General Assembly shall receive and consider annual and special reports from the Security Council; these reports shall include an account of the measures that the Security Council has decided upon or taken to maintain international peace and security.

2.       The General Assembly shall receive and consider reports from the other organs of the United Nations.

However, the GA has been, up to now, for multiple reasons, very reluctant to consider adopting more intrusive measures in the internal affairs of the states.

Emergency Sessions of the General Assembly

An Emergency Special Session of the United Nations General Assembly is an unscheduled meeting of the United Nations General Assembly to make urgent recommendations on a particular issue. Such recommendations can include collective measures and can include the use of armed force when necessary to maintain or restore international peace and security in the case of a breach of the peace or an act of aggression when the United Nations Security Council fails to exercise its responsibility for the maintenance of international peace and security due to lack of unanimity of its permanent members.

Under Chapter Five of the United Nations Charter, the Security Council is normally entrusted with maintaining international peace and security. However, on 3 November 1950, the General Assembly passed Resolution 377 (Uniting for Peace), which expanded its authority to consider topics previously reserved solely for the Security Council. Under the mentioned Resolution, if the Security Council cannot come to a decision on an issue because of a lack of unanimity, the General Assembly may hold an emergency special session within 24 hours to consider the same matter [1,2,3,4].

The mechanism of the emergency special session [5] was created in 1950 by the General Assembly's adoption of its "Uniting for Peace" resolution, which made the necessary changes to the Assembly's Rules of Procedure [6]. The resolution likewise declared that:

... if the Security Council, because of lack of unanimity of the permanent members, fails to exercise its primary responsibility for the maintenance of international peace and security in any case where there appears to be a threat to the peace, breach of the peace, or act of aggression, the General Assembly shall consider the matter immediately with a view to making appropriate recommendations to Members for collective measures, including in the case of a breach of the peace or act of aggression the use of armed force when necessary, to maintain or restore international peace and security. If not in session at the time, the General Assembly may meet in emergency special session within twenty-four hours of the request therefor. Such emergency special session shall be called if requested by the Security Council on the vote of any seven members, or by a majority of the Members of the United Nations...

Emergency special sessions are rare, a fact reflected in that there have been only eleven such sessions in the history of the United Nations. Additionally, most emergency special sessions run for a single session, with the exception of the 7th, 10th, and 11th, which have been reconvened four, seventeen, and nineteen times respectively [7].

Procedures of the GA Emergency Session

The procedure to call an emergency special session is laid out in the Rules of Procedure of the GA. The rules pertaining to emergency special sessions are as follows (as amended by Res. 1991 that increased the majority needed from 7 to 9)[8]:

Rule 8(b) – Summoning at the request of the Security Council or Members

·         Emergency special sessions can be convened by a vote of nine members of the Security Council or a majority of United Nations Member States. These sessions must be convened within 24 hours of any votes.

Due to the deep concern about the delicate and complex situation that the international community is now facing, the GA should reinforce its responsibility and mandate to deal with issues not resolved by the Security Council.

Proposal to Increase the Responsibility and Role of the GA

The following proposal is related to the possible new role and responsibility that the GA could play in the future, particularly when the Security Council cannot take a decision on how to deal with an international peace and security issue.

1.       In the case that the Security Council adopts by consensus a decision or resolution against a member state due to proven violations or non-compliance of its commitments and obligations of the United Nations Chapter, the decision of the Security Council should be final, as it is now.

2.       In the case that the decision or resolution adopted by the Security Council against a particular member state or group of states has been adopted by a vote, then the GA should consider the proposal adopted by the Security Council to confirm the decision adopted or reject it by a simple majority of votes present and voting. If the GA rejects the decision or resolution adopted by the Security Council, the Security Council should meet again to consider the recommendation adopted by the GA. The GA can only reject the proposal presented by the Security Council after its second meeting by a vote in favor of two-thirds of the member states present and voting.

If the GA rejects once again the decision adopted by the Security Council, then this organ should stop the consideration of the alleged violation or non-compliance presented against the state concern, and the GA will consider the issue in an emergency session. If a resolution or decision on any issue under consideration is approved by an emergency session of the GA by two-thirds of its members present and voting, then the GA decision or resolution should become mandatory for all United Nations member states.

3.       If the Security Council is unable to adopt any decision or recommendation on an issue related to the violations or non-compliance with the obligations and commitments assumed by a state or group of states of the United Nations Chapter, then the GA, in an emergency session, should consider this issue and take a resolution or decision. If the GA approves its decision or resolution by a two-thirds majority, then it must become mandatory for all United Nations members. In other cases, the resolution will have a recommendation character as it is now.

4.       The permanent members of the Security Council will not be able to exercise their veto right while considering any violation or non-compliance with their obligations and commitments with the United Nations Chapter.

Impact of this Proposal on the General Assembly and Security Council Activities

The following are the main impacts on the GA and Security Council activities of the proposal mentioned above:

a)       On the GA activities: The proposal strengthens the mandate of the GA, making, in some specific cases, that their decisions or resolutions become mandatory for all United Nations members. The proposal improves the role of the United Nations in dealing with any violations or non-compliance of the United Nations Chapter by any of its members, overcoming the situation when the Security Council is unable to adopt a decision or recommendation on any issue related to violations or non-compliances of the United Nations Chapter by one or more of its members.

b)      On the Security Council activities: The proposal pushes the Security Council to take decisions or resolutions on issues related to violations or non-compliance of the United Nations Chapter by any of its members, putting aside their differences, because if the Security Council cannot take a decision or resolution on an issue under consideration, then the GA will consider this issue, in order to take a final decision or resolution that reflect better the opinion of the international community.

Main Difficulties Associated with the Implementation of this Proposal

The main difficulty in adopting this proposal is to accept the introduction of small changes in the procedures of the GA and the Security Council to better reflect the suggested new roles of these two organs of the United Nations system in a time of great confrontation between all great powers.

Conclusion

The intention of this proposal is, while waiting for a possible restructuring of the United Nations system under consideration since many years ago, to open a debate on how to stop the process of deterioration of the organization's relevance in solving problems that affect international peace and security at a time when the confrontation between the main powers and permanent members of the Security Council have paralyzed the activities of this body and the organization as a whole.

References

[1] Charter of the United Nations.

 [2] Ruder, Nicole; Nakano, Kenji; Aeschlimann, Johann (2017). Aeschlimann, Johann; Regan, Mary (eds.). The GA Handbook: A practical guide to the United Nations General Assembly (PDF) (2nd ed.). New York: Permanent Mission of Switzerland to the United Nations. pp. 14–15. ISBN 978-0-615-49660-3.

 [3] United Nations General Assembly Session 5 Resolution 377. Uniting for Peace A/RES/377(V) 3 November 1950.

 [4] Wesel, Reinhard (2010). Volger, Helmut (ed.). A Concise Encyclopedia of the United Nations (PDF) (2nd ed.). Leiden: Martinus Nijhoff. pp. 189–90. ISBN 9789004180048. Archived from the original (PDF) on 2020-02-25. Retrieved 2020-02-25

[5] "UNGA Emergency Special Sessions". UN.org. Archived from the original on 28 February 2022. Retrieved 28 February 2022.

 [6] "Rules of Procedure of the General Assembly". UN.org. Archived from the original on 15 December 2021. Retrieved 14 April 2022.

[7] "Emergency special sessions". United Nations General Assembly. United Nations. n.d. Retrieved 24 February 2020.

 [8] United Nations General Assembly Document 520/Rev.18. Rules of Procedure of the General Assembly A/520/Rev.18 September 2016.