“In discharging its functions, the Council must accord priority to ‘prevention’ and resorting to non–coercive measures under Charter’s Chapter VI,” Takht Rvanchi said, addressing the UNSC on “Peace and security through preventive diplomacy: a common objective to all the principal organs of the United Nations”.
The full text of Takht Ravanchi’s statement is as follows:
In the Name of God, the Compassionate, the Merciful.
Mr. President,
I thank the heads of all principal organs of the United Nations for their inputs.
“Peace and security through prevention” is the dominant paradigm of the Charter.
Today, “prevention” is as valid and useful as was in 1945, when the Organization’s founding fathers adopted it as the overriding principle in the maintenance of international peace and security.
A quite pertinent question is that how successful the Security Council has been in applying this principle in discharging its mandate?
A general review of the Council’s practices reveals that, despite being mandated to use prevention and non-coercive means under Charter’s chapter VI, the Council has applied this principle very rarely, and at times, it has treated its Chapter VI functions as if they do not exist.
Conversely, it has resorted, too frequently, hastily and excessively, to coercive measures set forth in Charter’s Chapter VII, without resorting to its Chapter VI functions first, let alone exhausting them — as logically and legally is expected.
This trend has resulted, in many cases, in further complication of situations, violation of sovereignty and territorial integrity of States, abusing human rights of an entire population and the like.
When combined with other factors such as the Council’s ultra vires decisions or the exploitation of the Council by certain permanent members, adoption of this approach has also resulted in further prolongation of the conflict.
All in all, application of this approach has been detrimental to the preservation of international peace and security and must therefore be reversed.
Chapter VII functions, including sanctions, must be applied only as a measure of last resort, if necessary, and after all means of peaceful settlement of disputes have been exhausted.
In discharging its functions, the Council must accord priority to “prevention” and resorting to non-coercive measures under Charter’s Chapter VI.
Yet, however important, the principle of “prevention” and Chapter VI functions cannot and must not be applied arbitrarily. Rather, it must be adopted cautiously, in a smart manner and in full conformity with the letter and spirit of the Charter and international law.
According to Charter’s Article 33(1), the responsibility to settle any international dispute, the continuance of which is likely to endanger the maintenance of international peace and security, first and foremost, rests entirely with the parties concerned. This principle must therefore be fully respected and strictly observed by the Council.
More importantly, Chapter VI functions must never be invoked for the consideration of matters which are essentially within the domestic jurisdiction of States or for consideration of situations the continuance of which is “not” likely to endanger the maintenance of international peace and security, or for violating or undermining the sovereignty, territorial integrity and political independence of States.
Finally, the Council and all other principal organs of the United Nations must adopt “prevention” as their main approach and, in full compliance with their respective mandates and the principles enshrined in the Charter, strive for the full and effective realization of the purposes of the Organization and the common interest of our nations.