The United Nations (UN)

Origins & Development of the UN

• Came into effect after conclusion of WW2 in 1945

  • Devastation of conflict inspired nation states to form an IGO

  • Promotes peace, security, human rights and development

• Now 193 member states and 2 permanent non member observer states (Palestine and Vatican cirty)

The UN Charter

• Outlines the rights & obligations of all member states to uphold the mission of the UN

• “We the peoples of the United nations”

• Primary goal to end scourge of war

• Emphasises human rights, establishes law & justice, peace and collective security

The UNGA (United Nations General Assembly)

Main forum of the UN

Every member state is represented and has a vote

Role:

• discusses peace & security issues

• recommends courses of action to solve concerns (passing resolutions that express views of international community)

• recommendations are not legally binding

• elects non-permanent members of the Security Council, members of the ECOSOC, and judges of the ICJ

Evaluation of the UNGA

Strengths:

• Main global forum for diplomacy between nation-states

  • closest thing to a ‘parliament of nations’

  • September New York = annual meeting with all world leaders

• Universal membership and representation

  • all 193 member states take part in proceedings each with one vote

  • sovereign equality, powerful states unable to dominate

• Norm-setting role

  • UNGA achieved great things, despite no binding powers

  • passed UDHR in 1948 = lynchpin of UN human rights agenda & SDGs 2015

  • Successful in development work, particularly through UNDP

Weaknesses:

• UNGA resolutions are non binding = ‘taking shop’

  • Major decisions such as the passing of Responsibility to Protect in 2005 do not have force of international law

• Decision making is challenging & time consuming

  • needs majority or 2/3rds of 193 states to agree

  • One member, one vote fails to account for population size of the state

  • dominated by G77 (group of 134 developing states)

• Polarisation between Global North (rich) & Global South (poor) as well as democracies & non-democracies

  • Many non-democratic members critical of Israel and supporting of Palestine

  • 2015-2023, UNGA adopted 154 resolutions against Israel and 71 against all other countries combined

  • 2012, all UNGA controversially gave Palestine observer status at UN and ICC

The UNSC (United Nations Security Council)

• most powerful body in UN

• ‘Big five’ nations - at conclusion of WW2 (USA, UK, France, Russia, China)

  • permanent and most powerful members

  • have veto power (one permanent member can stop any resolution, even if all other members support it)

• Ten non-permanent members serve for two years in rotation, no veto power, represent different regions of the world but less influence than permanent members

Role of the UNSC

• Although the UNGA can recommend taking action, only the UNSC can make resolutions into international law

• Primary purpose to promote peace & security

• only UN body allowed to authorise use of force

• UNSC expected to respond in times of crisis & conflict by approving peacekeeping missions or sanctions

Evaluation of the UNSC (United Nations Security Council)

Strengths:

• P5 = clear global leadership, quick decisions as small membership

  • wide representation by rotating other 10 members from around world

  • Quick international crisis response

    • Ebola Virus 2014 UNSC adopted Resolution 2177 (declared threat to international peace & security)

• human rights protection & economic sanctions

  • UNSC has allowed force for humanitarian purposes in Somalia (1992), Rwanda (1994), Haiti (1994), East Timor (1999), Sierra Leone (2000), Libya (2011)

  • imposed sanctions against North Korea in 2006 which has been increasingly tightened

  • Congo: June 2024 (Resolution 2783) UNSC extended sanctions (arms embargo, asset freezes, travel bans) on non-gov entities and armed groups until July 1st 2025

• Peacekeeping operations

  • has given permission for 71 peacekeeping operations around world using Chapter 6 of charter

  • currently 11 active missions with 85,000 troops protecting against violence

Weaknesses:

• P5 veto means that decisions to take military action need to be unanimous

  • failed to agree on military action because of great power rivalry

• UNSC lacks enforcement powers

  • unable to deploy a body of permanent standing troops

  • unable to act against Russia’s annexation of Crimea in 2014 and the 2022 invasion of Ukraine as Russia vetoed resolutions condemning its own actions

• outdated membership

  • reflects the balance of world power in 1945 - unrepresentative

  • interests of emerging world are unrecognised by SC - therefore legitimacy is questionable = unaccountable & undemocratic

ECOSOC (The Economic and Social Council)

• made up of 54 nation states elected as members for 3 year terms

• represent different regions of the world

Role:

• act as a central forum for debate

• lead on international development goals set out in the MDGs (2000 - 2015) and SDGs (2015 - 2030)

• to agree specific policies that can be implemented by specialised UN agencies (like the WHO and UNDP)

ECOSOC relations with NGOs

• Under the Charter of the UN, ECOSOC may consult with member states AND NGOs concerned with matters within its competence

• 2020 - over 5,000 NGOs had consultative status with the Council

ECOSOC Strengths & Weaknesses

Strengths:

• Representative

  • takes 54 members from all regions of world

  • operates through simple majority - one member, one vote

  • gives developing countries a say in how aid is targeted to them

• helps the poorest people

  • advanced principle that development should not be measured simply in monetary terms

  • World Food Programme delivers more than 15 bill emergency food rations yearly & UNICEF reduced IMR through immunisation

• crucial in coordinating global development

  • establishes & oversees global targets (MDGs & SDGs)

  • UNDP coordinates programmes in 170+ nations + since 1990 has published Human Development Reports

Weaknesses:

• Limited authority and influence, resolutions non-binding & reports to UNGA

  • World Bank and IMF have far more influence

• Numerous agencies which make it difficult to run (bureaucratic)

  • ECOSOC agencies often compete for same role & resources to do similar jobs which reduces effectiveness of SDG implementation

• Minimal political impact

  • ECOSOC has little political or media attention

  • overshadowed by higher bodies like UNSC or UNGA

  • weakened by US pulling out of and remaining out of WHO

The ICJ (International Court of Justice)

• Principal judicial organ of UN

• located in The Hague, Netherlands

• Made up of 15 judges, each serves a 9 year term

Role:

• prevent conflict by settling disputes between STATES ONLY

• giving advisory opinions to UN and its specialised agencies

• can only hear a dispute when requested to do so by one or more sates (cannot deal with a dispute on is own initiative)

• ICJ rulings are binding AS LONG AS BOTH STATES AGREED ICJ HAS LEGITIMATE AUTHORITY BEFORE THE CASE

ICJ and Human Rights (Belgium vs Senegal)

• not open to private persons or entities

• only for states but has made decisions on issues involving human rights:

Belgium vs Senegal:

• Belgium won a case against Senegal in 2009 demanding they begin a trial for Hissene Habre, a former President of Chad. Habre was sentenced to life in 2016 for crimes against humanity

ICJ and Human Rights (Bosnia & Herzegovina vs Serbia and Montenegro)

Bosnia and Herzegovina vs Serbia and Montenegro (Genocide Convention Case 2007)

• ICJ applied the Convention on the Prevention and Punishment of the Crime of Genocide

• to assess if Serbia had breached obligations to prevent genocide and to punish genocidal acts

• ICJ found Serbia violated its obligations to prevent genocide under the Convention

ICJ and Human Rights (Gambia vs Myanmar)

• The Gambia vs Myanmar (Rohingya Genocide Case, ongoing since 2019)

• ICJ is hearing a case brought by The Gambia alleging that Myanmar breached the Genocide Convention in its treatment of the Rohingya minority

• case directly concerns the allegations of genocide and violations of rights protected under that convention

ICJ and Human Rights (South Africa vs Israel - ongoing)

Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa vs Israel - ongoing)

• ICJ indicated provisional measures requiring Israel to take steps to prevent acts that could amount to genocide

• including stopping killing & ensuring basic conditions of life for Palestinians based on Geneva and Genocide Conventions

ICJ and Human Rights (Advisory Opinion 2004 - not binding but HR relevant)

Advisory Opinion (2004) - not binding but human rights relevant:

• the 2004 Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (requested by UNGA)

• concluded that the wall’s construction violated international humanitarian law and impeded Palestinian’s rights to self-determination, movement, and other basic rights

• not legally binding but cited in human rights contexts and influenced international legal understanding of human rights obligations

Has the ICJ been successful?

• Established after WW2 to resolve international disputes - not become authoritative forum its founders envisaged

• Reason: govs often do not entrust ICJ with decision-making in their own disputes

Nicaragua v US 1984

• Nicaragua sued over US support for Contra rebels

• US walked out, refusing to accept ICJ jurisdiction, did not participate further

Beagle Channel Dispute (Argentina v Chile) 1997

• ICJ ruling awarded islands to Chile

• Argentina refused to accept the decision

• Pope’s intervention prevented war

How does the ICJ work?

ICJ Strengths

Strengths:

Peaceful dispute resolution:

• Has ruled on 200 disputes, 75% compliance

• Successfully resolved land and maritime disputes:

  • El Salvador & Honduras (1992) - land

  • Nigeria & Cameroon (2002) - land

  • Chile & Peru maritime border (2014) - sea

Legitimacy & Authority:

• States avoid criticism from the ICJ

• 300+ international treaties refer disputes to the ICJ

• Compliance often motivated by security concerns and soft power

Impartiality:

• 15 independent judges from around the world

• Judges are experts in international law; represent the UN

Development of international law:

• Establishes legal precedents

• Contributes to a rules-based international system

ICJ Binding Rulings on Contentious Cases

Kasiki/Sedudu Island (Botswana v Namibia) 1999

• Territorial dispute over an island in the Chobe River

• ICJ interpreted a colonial-era treaty; awarded sovereignty to Botswana

• Peacefully accepted and implemented. cited as a model of success

Land and Maritime Boundary (Cameroon v Nigeria) 2002

• Dispute over land and maritime boundaries, including Bakassi Peninsula

• ICJ awarded Bakassi to Cameroon; Nigeria withdrew forces; Cameroon respected local rights

• Both states accepted and implemented the judgement

Maritime Dispute (Peru v Chile) 2014

• Dispute over Pacific maritime boundary

• ICJ adjusted boundary, recognising partial prior agreement but redrawing beyond Chile’s claim

• Both states accepted and implemented the ruling

ICJ Advisory Rulings (Non-binding)

Kosovo Independence 2010

• UN asked if Kosovo’s unilateral declaration of independence was legal

• ICJ: declarations of independence not prohibited by international law

• Did not decide on Kosovo’s statehood; Kosovo still not a UN member

Chagos Archipelago (Mauritius/UK) 2019

• UN asked if UK lawfully separated Chagos from Mauritius and its legal consequences

• ICJ: decolonisation was unlawful; UK must end administration as soon as possible

• UK agreed under 2024 Labour gov; negotiated return to Mauritius (with military base provision)

ICJ Weaknesses

Weaknesses:

Difficulty of enforcing decisions

• Article 94 UN Charter mandates compliance, but enforcement = challenge

• Coercive action can possible via UNSC (Chapter 7 UN Charter) - ICJ rulings can be ignored

Limited jurisdiction

• not all states recognise ICJ jurisdiction

• 2024: only 73 of 193 UN member states have accepted the optional clause allowing ICJ jurisdiction in all cases

Lack of investigatory powers

• ICJ cannot investigate disputes independently

• Member states must bring cases, so major disputes can persist:

  • Argentina vs UK (Falklands)

  • India vs Pakistan (Kashmir)

Advisory opinions have no legal authority

• Non-binding rulings can be ignored:

  • Israel-West Bank wall, 2004

  • Kosovo independence, 2010

What was the Falklands War 1982?

• 74-day undeclared war: UK vs Argentina over Falkland Islands

• Leaders: Thatcher (UK) vs Galtieri (Argentina)

• Cause: Sovereignty dispute; Argentine junta faced economic crisis & unrest; thought UK weak (planned defence cuts, HMS Endurance withdrawn)

• What happened: Argentina invaded; UK sent naval task force 8,000 miles to retake islands

• Result: British victory; islands returned to UK

• Casualties: 649 Argentine, 255 British, 3 islanders

The ICJ and obligations under the Paris Agreement

Paris Agreement & ICJ (2025 Advisory Opinion)

• Paris Agreement (2015):

  • Signed by 194 states + EU

  • Goal: Limit global temperature rise to 1.5°C above pre-industrial levels

  • Each state sets its own national plans & targets to respect sovereignty

  • By 2025: emissions still rising, USA withdrew

• ICJ’s Role:

  • UNGA referred case (July 2025) asking ICJ to clarify legal obligations of states under Paris Agreement

  • Form: Advisory opinion

• Outcome:

  • 1.5°C target is legally binding

  • States must take immediate action to reduce emissions based on scientific evidence

  • Clarified obligations but ICJ cannot enforce them