The power of the veto versus the rule of law a United Nations (UN) dilemma

Fidelis BM Ngosa; Dumisani Ngoma

Fidelis BM Ngosa Mulungushi University, Department of Law, Labour and Human Resource Management
Dumisani Ngoma Mulungushi University, Department of Law, Labour and Human Resource Management https://orcid.org/0000-0002-6254-2871

Keywords: Five Permanent members, Veto power, UNSC, Human Rights, Rule of Law and International Humanitarian Law

Abstract

This paper examines the use of veto power by the five Permanent Members (P5) of the United Nations Security Council (UNSC), focusing on the United States’ use of this power in the Israel-Palestine conflict. It argues that the US veto has not only undermined the rule of law but also rendered the original intent of the veto irrelevant, particularly in the eyes of developing nations, thereby calling into question the effectiveness of the Security Council and jeopardizing global peace and security. The paper critiques the US veto during instances of severe human rights violations, ethnic cleansing or potential genocide committed by Israel a US ally, against Palestinians. It posits that the US’s obstruction of motions for humanitarian cease fires exacerbates violence, effectively enabling Israel to continue its actions with impunity. The exercise of veto in these circumstances, the paper argues, not only violates human rights and the rule of law but also breaches international humanitarian law to which the US is a party.