References on the need for veto restraint by the UN Security Council in mass atrocity situations INTRODUCTION support of the statement.2 At the same time, the ACT Group launched a draft “Code of Conduct regarding Security Council action against genocide, crimes against There have been increasing calls by United Nations humanity or war crimes.” As of 23 October, 103 states (UN) member states for there to be restraint on the use and 1 UN Observer have signed on to the Code of of the veto by the permanent members of the UN Conduct.3 Security Council in mass atrocity situations. In total, 123 states, representing 63 percent of total UN French President Francois Hollande increased the membership, have supported the restraint on the veto in visibility of these calls in September 2013 at the 68th mass atrocity situations through their public statements opening of the UN General Assembly, when he proposed or signatures on the France/Mexico and/or ACT Group a “code of conduct” by which permanent members initiatives. would withhold their right to veto in any mass atrocity situation. MINISTERIAL SIDE-EVENT ON A CODE This summary collates references made to restraint on OF CONDUCT REGARDING SECURITY the use of the veto by member states in various UN fora COUNCIL ACTION AGAINST GENOCIDE, since 2008. During the 29 meetings covered in this CRIMES AGAINST HUMANITY OR WAR summary, 84 states from all regions of the world, CRIMES representing 44 percent of the total UN membership, 1 October 2015 Australia, Benin, Chile, have supported the call for restraint on the use of the (28) Croatia, Czech Republic, 1 veto in mass atrocity situations. Liechtenstein was the Estonia, Finland, France, most vocal supporter, discussing the veto 19 times. Georgia, Guatemala, Twenty-seven other states discussed the veto five or Hungary, Japan, Latvia, more times. Among the 25 members of the Liechtenstein, Lithuania, New Accountability, Coherence and Transparency (ACT) Zealand, Norway, Qatar, group, 23 have individually called for restraint on the Singapore, Slovenia, Spain, use of the veto in various fora, while Liechtenstein, Sweden, Switzerland, Maldives and Switzerland have delivered a statements Thailand, Trinidad and on behalf of the entire group. Tobago, Ukraine, United Kingdom and United States During the opening of the 70th UN General Assembly the governments of France and Mexico presented a For statements from this event, please see the Global “Political statement on the suspension of the veto in case Centre’s webpage for UN Security Council veto reform. of mass atrocities,” open to signature by UN member states. As of 23 October, 80 states have signed in theoretical option. We call on all permanent members of MINISTERIAL SIDE-EVENT ON the Council to declare it forthwith.” REGULATING THE VETO IN MASS ATROCITY SITUATIONS New Zealand 30 September Czech Republic, France, 2015 (10) Guatemala, Indonesia, “New Zealand deeply regrets that the efforts that we and Liechtenstein, Mexico, the others made over a considerable period to try to ensure Netherlands, Senegal, Spain that this commemorative event would be marked by a and Tunisia united Council did not prove possible. While acknowledging the relevant provisions of the Charter of For statements from this event, please see the Global the United Nations, since 1945 New Zealand has Centre’s webpage for UN Security Council veto reform. consistently opposed the veto. New Zealand regrets that despite achieving the support of a majority of Council members, the draft resolution was not adopted because of the exercise of a veto by one of the permanent UN SECURITY COUNCIL BRIEFING ON members. At a commemorative event, it strikes us THE “SITUATION IN BOSNIA AND particularly inappropriate that a veto was used. While it was only one negative vote, the outcome reflects on all of HERZEGOVINA us. It once more demonstrates how we must all find 8 July 2015 (5) Chile, France, Lithuania, New better ways of working to ensure that the Council can Zealand, Spain reach agreement and act when it should.” Spain Chile “Vetoing such an initiative represents two steps “We would like to reiterate our call upon those countries backwards in the Organization’s efforts to support that have the right of the veto to refrain from using it in progress in terms of the responsibility to protect our situations of crimes against humanity, war crimes, citizens and in limiting the use of the veto for atrocity genocide or ethnic cleansing. Otherwise, the Council is crimes.” left powerless to defend the values and principles that are the most fundamental for humankind. We urge the Security Council, in particular its permanent members, UN SECURITY COUNCIL OPEN DEBATE: to assume that responsibility.” MAINTAINING INTERNATIONAL PEACE AND SECURITY France 23 February Albania, Algeria, Australia, 2015 Belgium, Bosnia and “In Syria, crimes against humanity and war crimes are (22 states Herzegovina, Chad, Costa committed every day before our eyes, and the Security speaking on Rica, Estonia, France, Georgia, Council remains paralyzed. In such critical situations, behalf of 36) Guatemala, Indonesia, Latvia, the Council must be able to respond and assume its Liechtenstein, Maldives (on responsibilities. It is to that end that France is pushing behalf of the ACT Group), for the five permanent members to voluntarily commit Mexico, Netherlands, New to renouncing the use of the veto in cases of mass Zealand, Papua New Guinea, crimes. The use of the veto is not a privilege; it is a Slovenia, Spain, Switzerland responsibility. It is therefore up to the permanent members first of all to show that they are responsible within the framework of the Council.” Albania Lithuania “Worse, the use of the veto in such cases betrays the “Far too often lack of political will and divisions have trust of millions of people for whom the United Nations stood in the way of decisive action, including on the part is the only hope. It openly neglects and despises victims. of the Council. Let me be clear: restraint in the use of the It empowers dictators and other serious human rights veto in mass atrocity situations should not remain a offenders, and undermines international efforts to end impunity. In that respect, Albania reiterates its strong Chad support for the French proposal and the efforts of ACT for a code of conduct on refraining from the use of veto “The sometimes abusive recourse to force and the right in situations of genocide, war crimes, crimes against of the veto at the Security Council diminishes to zero the humanity and ethnic cleansing.” efforts of the Council and prevents it from achieving its objectives. The world still remembers the failures of the Algeria Organization in resolving the Palestinian issue and in preventing and managing mass crimes, such as in “Thirdly, the use of veto power is not compatible with Rwanda, Bosnia and Herzegovina and other more recent the open societies that we look forward to building, and examples, such as in Syria.” obviously Algeria welcomes the ideas aimed at limiting its application, as a first step.” Costa Rica Australia “Costa Rica, first as part of the group of five small nations and now as part of the ACT group, has opposed “We welcome France’s initiative on restraint in use of the use of the veto, especially in situations of genocide, the veto in situations of mass atrocity, and we encourage crimes against humanity and war crimes. We support further progress on this important initiative. The the French proposal of a code of conduct on the use of credibility of the United Nations system depends on its the veto and call on the permanent members to adopt a willingness and capacity to protect civilians, particularly declaration of principles to mark the seventieth women and children who suffer disproportionately in anniversary of the Organization.” conflict.” Estonia Belgium “Far too often, history has shown us how the distinct “The use of the veto — for example, to block the privilege of the veto, or even just the threat of using it, adoption of resolutions on the situation in Syria — is an has been abused, leaving the Security Council paralysed unfortunate illustration of the shortfalls of the system and passive on the sidelines in situations where it is and a failure of the Council to shoulder its most most needed. The saddest example of that is the four- fundamental responsibilities. That is why Belgium fully year long, ongoing humanitarian catastrophe in Syria. supports France’s initiative in favour of a voluntary Estonia therefore stands by the French proposal to abstention of the use of the veto with respect to establish a code of conduct on the voluntary restraint on situations involving atrocity crimes. Belgium hopes that the use of the veto and firmly believes that taking such a the permanent members of the Security Council will be step would help the Security Council to live up to its able to agree on a modus operandi in that respect, which mandate.” we believe would be an important contribution to the ongoing work on United Nations reform.” France Bosnia and Herzegovina “Mass crimes offend the global conscience and the memory of the sentiments that inspired the drafting of “My country, Bosnia and Herzegovina, supports the the Charter…But France also wishes to help prevent French initiative on a code of conduct for the use of the such tragedies. Without waiting for Charter reform, veto in the Security Council in situations of genocide, France proposed a restriction on the use of the veto in war crimes, crimes against humanity and ethnic the Security Council in case of mass atrocities, which cleansing. The proposal does not advance a limitation of would represent a major step. It is our duty to the Security Council; it is an attempt to overcome the demonstrate the extent to which a permanent seat in the current paralysis, to prevent future deadlocks, and to Council is a responsibility rather than a privilege or a reclaim the Council’s ability to make decisions that manifestation of some longing for status.” uphold its international responsibility for peace and security.” Georgia “Maintaining international peace and security is central to the Organization, especially the Council.