TY - JOUR
T1 - The Ukraine War and the Paralysis of the Security Council
T2 - Ramifications for Africa's Common Position on Security Council Reform
AU - Maluwa, Tiyanjana
N1 - Publisher Copyright:
© Koninklijke Brill BV, Leiden, 2024.
PY - 2023
Y1 - 2023
N2 - This article discusses the paralysis of the UN Security Council following Russia's veto of the draft resolution of 25 February 2022 that deplored its invasion of Ukraine and demanded the withdrawal of its forces. It examines the impact that this recent instance of the use (or abuse) of the veto by a permanent member to block action by the Council and shield itself has had on Africa's quest for Security Council reform and the position incorporated in the African Union's 'Ezulwini Consensus'. This discussion asks whether the Ukraine crisis has changed the focus and narrative on Security Council reform, from the perspective of African States, and how this is likely to affect the future direction of the debate. The article first presents a brief discussion of Article 27(3), clause 2 of the UN Charter, which imposes an obligation on Security Council members to abstain from voting on decisions relating to a dispute to which they are a party. While noting that the practice of the Security Council over the past few decades reveals that Article 27(3), clause 2 has been more honoured in the breach than in the observance, the article nevertheless argues that Russia violated its obligation to abstain. The article then turns to an examination of the positions advanced by African States as articulated in their official statements and voting patterns in the Security Council and General Assembly. Far from diminishing their quest for reform, the Security Council's failure to act over Ukraine has injected a fresh urgency into the debate and negotiations on Security Council reform among African and other States. The article concludes with the recommendation that although African States have a just and legitimate cause in their demand for permanent representation on the Council, they need to temper their maximalist demands on the question of the veto with realism or risk stalling the reform process on a road to nowhere.
AB - This article discusses the paralysis of the UN Security Council following Russia's veto of the draft resolution of 25 February 2022 that deplored its invasion of Ukraine and demanded the withdrawal of its forces. It examines the impact that this recent instance of the use (or abuse) of the veto by a permanent member to block action by the Council and shield itself has had on Africa's quest for Security Council reform and the position incorporated in the African Union's 'Ezulwini Consensus'. This discussion asks whether the Ukraine crisis has changed the focus and narrative on Security Council reform, from the perspective of African States, and how this is likely to affect the future direction of the debate. The article first presents a brief discussion of Article 27(3), clause 2 of the UN Charter, which imposes an obligation on Security Council members to abstain from voting on decisions relating to a dispute to which they are a party. While noting that the practice of the Security Council over the past few decades reveals that Article 27(3), clause 2 has been more honoured in the breach than in the observance, the article nevertheless argues that Russia violated its obligation to abstain. The article then turns to an examination of the positions advanced by African States as articulated in their official statements and voting patterns in the Security Council and General Assembly. Far from diminishing their quest for reform, the Security Council's failure to act over Ukraine has injected a fresh urgency into the debate and negotiations on Security Council reform among African and other States. The article concludes with the recommendation that although African States have a just and legitimate cause in their demand for permanent representation on the Council, they need to temper their maximalist demands on the question of the veto with realism or risk stalling the reform process on a road to nowhere.
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U2 - 10.1163/18757413_02701022
DO - 10.1163/18757413_02701022
M3 - Article
AN - SCOPUS:85216944225
SN - 1389-4633
VL - 27
SP - 621
EP - 658
JO - Max Planck Yearbook of United Nations Law
JF - Max Planck Yearbook of United Nations Law
IS - 1
ER -