The eerie whine of precision-guided missiles over Baghdad contrasts
with the equally shrill but increasingly muddled debate over the legality
of the conflict. The trans-Atlantic war of words has laid bare competing
visions of the purpose of the United Nations Security Council. Was the
council meant just to pass judgment on the use of force — or to organize
its collective use? Given the imbalance of power between the United States
and the rest of the world, should it embrace American military might —
or seek to constrain it?
Unless these contradictions are reconciled, the council will be relegated
to dealing with local crises, as in East Timor and Sierra Leone. The United
Nations will retain operational roles in peacekeeping, mediation, humanitarian
relief, human rights, development and nation-building. But if lesser powers
contrive to turn the council into a forum for counterbalancing American
power with votes, words and public appeals, they will further erode its
legitimacy and credibility. Given the experience of the League of Nations,
the architects of the United Nations were determined to bind American power
and global decision-making, not to set them at odds.
The United Nations, sadly, has drifted far from its founding vision.
Its Charter neither calls for a democratic council nor relegates the collective
use of force to a last resort. It was a wartime document of a military
alliance, not a universal peace platform. Pleas for reform of the Security
Council, however, stress equity and representation — not effectiveness
and responsibility. The reformers would mimic the political correctness
and practical impotence of the League's Council. Then, as now, most states
had little stomach for enforcement.
It wasn't supposed to be this way. By combining muscle and legal authority,
Chapter VII of the United Nations Charter promised to set the United Nations
apart from the feckless League. Yet, as France, Russia and China looked
the other way, Saddam Hussein stripped the United Nations Security Council
of its credibility layer by layer.
Last September, President Bush ungallantly pointed out that the council,
like the proverbial emperor, has no clothes. However weak his multilateral
credentials, on this he is right: the council has shed credibility for
so long that more worldly leaders have forgotten what it looks like. His
warnings about the United Nations morphing back into the League of Nations
have fallen on deaf ears in capitals that would prefer a weak council to
a strong one dominated by the United States. They are as ambivalent about
American power as Washington is about international organization.
Reforming the Security Council is inconceivable without a reconciliation
among the major powers. Paris and Berlin should understand that neither
European unity nor global leadership can be built on a platform of denial
and demonstrations. Neither Paris nor London is about to cede its permanent
seat to the European Union, and intra-European bickering has been a major
obstacle to Security Council reform.
For its part, the Bush administration should do more listening and
less preaching. Most countries are neither friends nor foes, and none likes
to be taken for granted. If Washington shows more respect for the agendas
of others, they are more likely to respond to ours.
As long as the United States has more military and economic power than
any other country, the voting rules in the Security Council will appear
arbitrary. Under such conditions, the council should vote less and seek
consensus more, giving rogue states less opportunity for employing splitting
tactics. Projecting a positive vision, the United Nations Charter speaks
of concurring votes of the permanent members, not of their vetoes. The
Big Five — the United States, Britain, France, Russia and China — were
meant to seek common ground, not to deny the validity of one another's
security concerns or to posture for public approval.
Since the United Nations no longer tries to organize or oversee the
use of force itself, this has been left largely to the discretion of member
states. Even Secretary General Kofi Annan has acknowledged that unilateral
military action is sometimes necessary. The forced removals of Idi Amin
in Uganda, or the Khmer Rouge in Cambodia, were justified "in the eyes
of the world" because of "the internal character of the regimes," he said
in June 1998. Likewise, the council did not authorize the use of force
by the West in Kosovo, the United States in Afghanistan, Russia in Chechnya,
or, most recently, France in Ivory Coast.
Opponents of the war in Iraq have been highly selective in their reading
of the United Nations Charter. It is a compact by which the member states
accept constraints on their use of force in the context of a binding system
of collective security. Those who for years have sought to weaken the sanctions
and inspections efforts in Iraq — undermining this compact — have set the
stage for the use of force. It is hypocritical for them now to claim that
the rest of the Charter's rules are sacrosanct.
Unless both the enforcement and legal pillars of the Charter are reinforced,
what is left will indeed look a lot like the ill-fated League of Nations.
Will the real United Nations please stand up?
Edward C. Luck is director of the Center on International Organization
at Columbia University
New York Times, 22/03/2003
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