The Role of the UN Security Council & General Assembly In Responding to the Invasion of Ukraine

Abstract

This article explores the roles of the UN Security Council and UN General Assembly related to the 24 February 2022 invasion by Russian forces of the territory of Ukraine. It considers the Security Council’s paralysis, and suggests states make more use of the UN Charter language that requires obligatory abstention in voting of a “party to a dispute” under Chapter VI; the article also considers legality issues related to a permanent member’s veto use that aids its own jus cogens violation. As to both topics, the article suggests the General Assembly could weigh in by issuing a substantive resolution or requesting an Advisory Opinion from the International Court of Justice. The General Assembly, or the Council acting under Chapter VI, could also establish a Special Tribunal on the Crime of Aggression for the situation of Ukraine.