Russia’s Uneasy Standing on the United Nations Security Council
On February 24th at around 05:00 in the morning local time, Vladimir Putin, President of the Russian Federation, initiated a “special military operation” into Ukraine.[1] Prior to the Russian invasion of Ukraine, the intelligence agencies of the international community issued warnings of an impending attack, based in part upon a Russian military build-up on the border[2] and heightened anti-Ukrainian rhetoric coming from the Kremlin[3]. Nonetheless, Vladimir Putin, under the pretext of preventing further Ukrainian war crimes[4], ordered the unprecedented violation of Ukraine’s sovereignty.
Putin’s move was met with immediate and resounding condemnation.[5] The United States immediately issued a flurry of executive orders that assigned strong economic sanctions on the Russian government.[6] In addition to the domestic and national efforts to rebut Russian advances, many individuals and governments have called for Russia’s expulsion from the United Nations’ Security Council.[7] However, as noted by numerous sources, it is nearly impossible to achieve this feat.[8] The reason for the unlikelihood of Russia’s removal from the esteemed and powerful security council is its status as an original member state in the United Nations’ founding charter,[9] along with Russia’s unilateral power to veto security council measures.[10] With the unlikelihood of a removal of Russia from its Security Council seat, it is therefore pertinent to look to other methods by which Russia’s influence on the international stage can be reduced.
It is critically important to note that it was not the Russian Federation that exists today that was given a spot on the United Nations’ Security Council, rather it was the former Union of Soviet Socialist Republics (USSR)[11]. Russia ascended to the United Nations Security Council in place of its defunct former permanent member, the USSR.[12] While there remains to be no precedent for the removal of permanent members of the UN Security Council, previously, after a regime change in the People’s Republic of China, the seat formerly held by modern-day Taiwan, was transferred to modern day China.[13] While Russia did assume control over the powerful seat on the Security Council, both Ukraine and Belarus were permanent members of the United Nations’ general assembly at the time of Russia’s ascension, and, perhaps more importantly, at the time of the foundation of the United Nations.[14] Perhaps a dramatic mistake on the part of former dictator Joseph Stalin, both nations were permitted to apply for membership status, despite their subjugation under the rule of the Soviet Union.[15] Perhaps, there then remains the suggested possibility of a “regime change” in the security council.[16] Rather than taking the unprecedent and highly difficult steps of removing the Russian Federation from power, allowing Ukraine, a former soviet state, and one far more aligned with the ideals of the United Nations’ founding charter, to assume control over the former Soviet Union’s seat on the security council would allow for far more equality stemming from the influential body.
Benjamin Weisbrot is a staff member of Fordham International Law Journal Volume XLV.
This is a student blog post and in no way represents the views of the Fordham International Law Journal.
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[1] See Jen Kirby and Jonathan Guyer, Putin’s Invasion of Ukraine Explained, Vox Media (Feb. 28, 2022), https://www.vox.com/2022/2/23/22948534/russia-ukraine-war-putin-explosions-invasion-explained.
[2] See Lexi Lonas, Up to 190,000 Russian Troops now along Ukraine Border, The Hill (Feb. 18, 2022), https://thehill.com/policy/international/russia/594873-reports-up-to-190000-russian-troops-now-along-ukraine-border.
[3] See Max Fisher, Putin’s Baseless Claims of Genocide Hint at More Than a War, N.Y. Times, (Feb. 19, 2022), https://www.nytimes.com/2022/02/19/world/europe/putin-ukraine-genocide.html.
[4] See James McAuley, Putin’s ‘denazification’ Claims and the Self-serving Manipulation of History, The Wash. Post (Feb. 28, 2022), https://www.washingtonpost.com/opinions/2022/02/28/ukraine-putin-zelensky-nazis-assault-history/.
[5] See e.g., Press Release, Security Council, Conflict in Ukraine Must Be Averted at All Costs,’ U.N. Press Release SC/14798 (Feb. 21, 2022); Dave Lawler, Mapped: 87 Countries Condemn Russia’s Invasion at the U.N., The Wash. Post (Feb. 25, 2022), https://www.washingtonpost.com/opinions/2022/02/28/ukraine-putin-zelensky-nazis-assault-history/.
[6] See Exec. Order. No. 14,065, 87 Fed. Reg. 10293 (Feb. 23, 2022)
[7] See e.g., Press Release, Thom Tillis, Senator, United States Senate, Tillis Calls for Russia to be Expelled from UN Security Council (Mar. 2, 2022), https://www.tillis.senate.gov/2022/3/tillis-calls-for-russia-to-be-expelled-from-un-security-council; Andrew Solender, Congress wants to oust Russia from U.N. Security Council, Axios, Feb. 24, 2022, https://www.axios.com/congress-oust-russia-security-council-82d71b0e-eea5-45dc-9032-0fd6fc0d9ea3.html.
[8] See Joris van de Riet, No, Russia Cannot be Removed from the UN Security Council, Leidenlawblog, Universiteit Leiden (Mar. 22, 2022) https://leidenlawblog.nl/articles/no-russia-cannot-be-removed-from-the-un-security-council.
[9] See United Nations, Charter of the United Nations, Oct. 24, 1945. 23 UNTS V. (available at https://legal.un.org/repertory/art23.shtml) (hereinafter “UN Charter”).
[10] See B.W. Patch, Veto power in United Nations, CQ Researcher by CQ Press (1946), https://library.cqpress.com/cqresearcher/document.php?id=cqresrre1946091800.
[11] See UN Charter, supra note 9.
[12] See Michael P. Scharf, Musical Chairs: The Dissolution of States and Membership in the United Nations, 28 Cornell Int’l L.J. 45 (1995).
[13] See Thomas D. Grant, How the UN Can Expel Russia and Remain Relevant, Bloomberg (Mar. 20, 2022), https://www.bloomberg.com/opinion/articles/2022-03-20/ukraine-war-how-the-un-can-expel-russia-and-remain-relevant.
[14] See id.
[15] See id.
[16] See id.