Peter .M. Muriithi, FCIArb πŸ‡°πŸ‡ͺ

Peter .M. Muriithi, FCIArb πŸ‡°πŸ‡ͺ

01-03-2022

07:46

A Thread on; 1.Why International Law is a facade or simply irrelevant in Maintenance of International Peace and Security. For example : Ending the invasion of Russia in Ukraine. 2. Why maintenance of peace and security may never be achieved through the United Nations. πŸ€”πŸ‘‡πŸΎ:

The United Nations is the World's Global Organisation whose Membership is all States or Countries. Loosely, stated "The Government of the World." Or the Body Governing most if not all World issues including Peace & Security of Member States for instance; Ukraine.

So here is the Main Question: Why has this Big Global Organisation which all countries or states in the World are Members has failed in ensuring there is Peace and Security in its Member States e.g; Yemen, Palestine, Syria, Ukraine, Iraq, Afghanistan, Libya ...et...al

ANSWER:One Organ of the United Nations (herein UN) namely; THE SECURITY COUNCIL. Why blame the Security Council one may inquisitively & rightfully askπŸ€” Article 7 of the UN Charter(Multilateral Treaty/International Law/Contract) establishes UN Organs. See Below the UN Organs

The Security Council is one of the Organ established under Article 7 of the UN Charter. The members of the Security Council are 15. Six are Permanent members , Nine are non-permanent. Currently Kenya is one of the Non-Permanent members. ..just to state.πŸ€ͺ

Decision MAKING in UN. Whereas the UN Organ called the General Assembly(membership is all states)can make decisions by Β²/3 like on Maintenance of Peace & Security such decisions are not binding & can be set aside or vetoed by the Security Council. SEE:Article 9 & 11 of UN Charter

So this means that the UN Security Council can vetoe a decision by majority of States/Countries to enhance peace as members of General Assembly e.g Decision to instruct Russia to get out of Ukraine or Decision to instruct Israel to stop occupying Palestine. See Article 24 & 11.

Infact the General Assembly under Article 11 of UN Charter, only makes recommendations to the Security Council , despite the General Assembly composing of all states which are members of the UN. Is this democratic πŸ€”

The Security Council Makes Decisions by a majority of 9 members including the Concurring Decision of all permanent members(No vetoe by any permanent member). SEE: Article 27(3) of the UN Charter. This means that if any of the Permanent members vetoes a DECISION then it fails.

These Permanent Members of the Security Council.. because of interests e.g US interests in Israel occupation of Palestine, Russia interest in Ukraine..etc ALMOST CERTAINLY CANNOT AGREE on any decision of Maintenance of Peace and Security. The effect is rendering UN Moribund.

Indeed, this makes Maintenance of International Peace & Security by United Nations IMPOSSIBLE. Indeed, anytime a decision is required to be made on Maintain Peace & Security internationally one permanent member vetoes to protect their interests. Case point; All countries in war.

Lastly, to Compound the dire Situation, these Permanent Members of the Security Council have made Sure they cannot cease to be so, by making Amendment of UN Charter almost impossible. To amend the UN Charter AGAIN the Permanent Members MUST ALL AGREE. Article 108 of UN CharterπŸ‘‡πŸΎ

Who AMONGST the UN Security Council Permanent members will agree to Amend the UN Charter to reduce their powers ...NONE. AND SO this is the reason why : International Law & UN remains a facade and irrelevant in Maintenance of International Peace and Security. AdiosπŸ‘‹πŸΎ

Pictures Courtesy πŸ“Έ πŸ™πŸΎ

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