The Inherent Constraints on the Use of Veto Power in the United Nations: A Critical Analysis of the Russian Vetoes in the Russia-Ukraine Conflict
Nao Seoka
The United Nations Studies, Number 24, 2023 103 - 130 2023/06
[Refereed] Russia’s use of veto against the UN Security Council resolutions denouncing its military actions in Ukraine in February 25 and September 30, 2022, prompted scholars of international law and relations to explore whether such exercise of veto is consistent with the rationales of veto power provided by the UN Charter and with the evolving purposes and principles of the Charter. Maintaining and relying on the textual interpretation of Article 27, paragraph 3, of the Charter, however, most of the legal analyses failed to recognize that the constrains to the veto right were in fact present at its creation. Some scholars, particularly in the field of international politics and relations, furthermore, reached a simple conclusion that the veto power is instrumental for the P5 to maintain the balance of power and interests.
The veto power originally introduced into the UN Charter was arguably based on the two fundamental rationales – “veto as a right” and “veto as a responsibility.” First, the veto power is a privilege granted by the Charter that allows each P5 member to block a draft resolution and justify such an action by invoking its right to protect its vital interests. At the same time, veto is a responsibility – P5 are expected to fulfill their special responsibility to contribute to the UN main purposes, namely the maintenance of international peace and security, the protection of human rights, and the right of self-determination of people, by exercising its veto power. Although these rationales are not stipulated in Article 27, paragraph 3 of the Charter, they should be considered as the inherent constraints of the veto power.
Applying the veto rationales to the Russian vetoes in the Russia-Ukraine conflict, these vetoes are unjustifiable not only from the perspective of the ‘veto as a right’, but also of ‘veto as a responsibility’. This analysis is supported by the reactions to the Russian vetoes in the UN, including the joint statement by 50 UN members which criticize the Russian vetoes as an abuse of power, as well as the adoption of General Assembly resolution that seeks to hold the permanent members accountable when they exercise the veto right.