Combating the Arbitrary Use of Veto Power: A Critical Study of the Inability of the Security Council to Uphold International Peace and Security under International Law

Abstract

The UN Security Council holds the primary mandate to maintain international peace and security, empowered with a unique structure that includes five permanent members (P-5) with veto power. However, numerous instances, including the Ukraine-Russia War, Israel’s actions in Gaza, and conflicts in Syria and Yemen, illustrate the arbitrary use of veto power by some P-5 countries. This practice often prevents the adoption of effective resolutions against aggressors, driven largely by geopolitical interests rather than the mandated obligation of achieving global peace and security. In this context, this research explores how the arbitrary use of veto power by the Security Council can be addressed within the current international legal framework to fulfil the original purpose of the UN Charter. The main objective is to identify the reasons behind granting such extensive power to the P-5 countries by the framers of the UN and to propose legal and pragmatic solutions that address the contemporary international law framework governing the prohibition of the use of force. Utilising a doctrinal legal research approach, this study employs a qualitative methodology and analyses primary and secondary data based on international law instruments, case law jurisprudence, scholarly works, and selected case studies. Key findings suggest that the UN General Assembly ...