United Nations Security Council United Nations Security Council Resolution 1540Resolution 1540

Lecture No. 20a

This lecture was prepared by the University of Bradford staff with the support of Dr. Dana Perkins, 1540 Committee expert

OutlineOutline• The United Nations system

– Slides 3-8

• The Role of the United Nations Security Council in maintaining peace and security– Slides 9-14

• United Nations Security Council Resolution 1540 (2004).– Slides 15-23

• Synergy and Convergence between BWC and Resolution 1540 (2004)– Slide 24

The Birth of the United Nations (UN)The Birth of the United Nations (UN)• The United Nations organization, as we know it, started to come about with the Inter-

Allied Declaration on 12 June 1941 "to work together, with other free peoples, both in war and in peace".

• World peace was to be maintained by what US President Franklin D. Roosevelt described as the “four policemen”: US, UK, USSR and China

• These 4Ps, along with France, became the 5 permanent members of the Security Council

• 26 June 1945: representatives of 50 countries sign the UN charter at a conference in San Francisco and the UN officially comes into existence

• The UN founders identified a set of fundamental Purposes and Principles, which are still relevant today, aiming to:

maintain international peace and security; develop friendly relations among nations based on respect for the principle of equal rights and self determination; achieve international cooperation in solving international problems of an economic, social, cultural or humanitarian character; and to be the centre for harmonizing the actions of nations in the attainment of these common goals.

• There are currently 193 UN Member States that express their views and calls for action through the General Assembly, the Security Council, and other bodies and committees. While the UN and its system of specialized agencies, funds and programs work on a broad range of fundamental issues, of special relevance to future conflicts and the web of prevention is the Security Council’s work on counterterrorism, disarmament, and non-proliferation.

UN Charter PreambleUN Charter PreambleWE THE PEOPLES OF THE UNITED NATIONS DETERMINED

• to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and

• to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and

• to establish conditions under which justice and respect for the to establish conditions under which justice and respect for the obligations arising from treaties and other sources of obligations arising from treaties and other sources of international law can be maintainedinternational law can be maintained, and

• to promote social progress and better standards of life in larger freedom…

UN: Forum for International UN: Forum for International Cooperation on Diverse IssuesCooperation on Diverse Issues

• Health• Refugees• Human rights• Environmental issues• Sustainable

development• Promoting economic

development

http://www.un.org

UN General Assembly (UNGA)UN General Assembly (UNGA)• The main deliberative, policymaking and representative organ of the UN,

comprising all 193 Member States

• The Assembly meets in regular session September-December each year, and as required

• Elects the non-permanent members of the Security Council and the members of other UN councils and organs and, on the recommendation of the Security Council, appoints the Secretary-General

• UNGA is empowered to make only non-binding recommendations to States

UN SecretariatUN Secretariat• The Secretariat — an international staff working in duty stations around the

world — carries out the diverse day-to-day work of the Organization

• It services the other principal organs of the UN and administers the UN programs and policies

• It is led by the Secretary-General, who is appointed by the General Assembly on the recommendation of the Security Council for a five-year, renewable term

• Duties: administers peacekeeping operations, mediates international disputes, surveys economic and social trends and problems, prepares studies on human rights and sustainable development, organizes international conferences on issues of worldwide concern, etc.

United Nations Security CouncilUnited Nations Security Council• The Security Council consists of 5 permanent members (P5): China, the United

States, France, the United Kingdom, and the Russian Federation and ten members elected for two-year terms by the General Assembly.

• Each of the P5 has the power of veto.

• The Council formally expresses the consensual opinion of its members through resolutions.

• Article 41 of the Chapter VII of the UN Charter states that “The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions..” while Article 42 emphasizes that: “should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations”.

The UN Charter gives the Security Council “primary responsibility for international peace and security”

What Does the Security Council Do to What Does the Security Council Do to Maintain Peace and International Security?Maintain Peace and International Security?

• If the Security Council decides there is a threat to international peace and security, it normally begins by calling for negotiations to resolve the problem

• The UN Secretary General (or his representative) talks to the countries involved and urges them to settle the problem

If that Doesn’t WorkIf that Doesn’t Work

• Can impose diplomatic and economic sanctions

• Air and sea blockades

• If there is still no progress, the Security Council can authorize military action

Resolution 687 (1990)29 November 1990

The Security Council

Acting under Chapter VII of the Charter1. Demands that Iraq comply fully with resolution 660 (1990) and all subsequent decisions relevant resolutions and decides while maintaining all its decisions to allow Iraq one final opportunity, as a pause of goodwill to do so

2. Authorizes Member States co-operating with the Government of Kuwait , unless Iraq on or before 15 January 1991 fully implements as set forth in paragraph 1 above, the abovementioned resolutions, to use all necessary means to uphold and implement resolution 660 (1990) and all subsequent relevant resolutions and to restore international peace and security in the area…

Resolution 687 (1990)29 November 1990

The Security Council

Acting under Chapter VII of the Charter1. Demands that Iraq comply fully with resolution 660 (1990) and all subsequent decisions relevant resolutions and decides while maintaining all its decisions to allow Iraq one final opportunity, as a pause of goodwill to do so

2. Authorizes Member States co-operating with the Government of Kuwait , unless Iraq on or before 15 January 1991 fully implements as set forth in paragraph 1 above, the abovementioned resolutions, to use all necessary means to uphold and implement resolution 660 (1990) and all subsequent relevant resolutions and to restore international peace and security in the area…

The UN Security Council Authorised Military ActionThe UN Security Council Authorised Military Action• Article 42 of the United Nations Charter gives the Security Council the authority to

take action by air, sea or land forces as may be necessary to maintain or restore international peace and security.

• The Security Council has authorized military force to reverse or repel aggression by one State against another (in the context of the 1950 Korean War and the aggression of Iraq against Kuwait in 1990).

• Since 1990, the Security Council has increasingly authorized the use of force under Chapter VII of the Charter — in different circumstances and to varying degrees. 

• It has authorized a number of naval blockades to enforce sanctions (in Iraq, the former Yugoslavia, Haiti and Sierra Leone).

• It has authorized a limited use of force by United Nations peacekeeping operations (such as in the former Yugoslavia, Somalia, the Democratic Republic of the Congo, Kosovo and East Timor , and byregional arrangements (such as the ECOWAS Mission in Côte d’Ivoire (ECOMICI), the European Union force in the Democratic Republic of the Congo (EUFOR R.D. Congo) and the African Union Mission in Somalia (AMISOM).

• Furthermore, it has authorized the use of “all necessary means” or “all necessary measures” by multinational forces (such as in Somalia, Haiti, Rwanda, Eastern Zaire, Albania, Bosnia and Herzegovina, East Timor,  Bunia in the DRC, Liberia and Iraq. 

Typical UN Operations are Typical UN Operations are Peacekeeping Peacekeeping notnot War Fighting War Fighting

• These operations usually come into effect once a war is over

• They monitor ceasefires, protect civilians, facilitate humanitarian aid, and help the political process

• Responsibility of peace keepers is to the UN, not their own countries

Bodies Reporting Directly to the Bodies Reporting Directly to the Security CouncilSecurity Council

Subsidiary Bodies:•1540 Committee•Counter-Terrorism Committee•International Criminal Tribunal for the former Yugoslavia (ICTY)•International Criminal Tribunal for Rwanda (ICTR)•Military Staff Committee•Peacekeeping Operations and Missions•Sanctions Committees•Standing Committees and Ad Hoc Committees•UN Compensation Commission•Working Group on Children and Armed Conflict•Informal WG on Documentation & Other Procedural Questions

Advisory Subsidiary Body:•United Nations Peacebuilding Commission

UN Security Council Resolution 1540 (2004): UN Security Council Resolution 1540 (2004): A Response to Threats to International Peace and SecurityA Response to Threats to International Peace and Security

Adopted by the Security Council on 28

April 2004 under Chapter VII of the UN

Charter which affirms that the

proliferation of nuclear, chemical and

biologicalbiological weapons and their means of

delivery constitutes a threat to

international peace and securitySecurity Council Meets on Non-Proliferation of Weapons of Mass DestructionUN Photo / Eskinder Debebe, 28 April 2004

UN Security Council Resolution 1540 (2004): UN Security Council Resolution 1540 (2004): Legally Binding Obligations on all UN Member States Legally Binding Obligations on all UN Member States

to…to…Refrain from providing any form of

support to non-State actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use nuclear, chemical or biological weaponsbiological weapons and their means of delivery

Adopt and enforce appropriate effective laws prohibiting activities involving the proliferation of such weapons and their means of delivery to non-non-State actors, in particular for State actors, in particular for terrorist purposesterrorist purposes, as well any attempts to engage in such activities, assist or finance them

Implement and enforce appropriate controls over related materialsrelated materials in order to:

Account for and secureAccount for and secure items in production, use, storage or transport;

Physically protect;Physically protect;

Detect, deter, prevent and combat the Detect, deter, prevent and combat the illicit trafficking and brokeringillicit trafficking and brokering through effective border controls an law enforcement efforts;

Control the export, transit, trans-Control the export, transit, trans-shipment and re-export and the shipment and re-export and the provision of funds and servicesprovision of funds and services related to such export and trans-shipment that would contribute to proliferation;

Penalize violationsPenalize violations.

UN Security Council Definitions for the Purpose of UN Security Council Definitions for the Purpose of Resolution 1540 (2004)Resolution 1540 (2004)

• Means of delivery:Means of delivery: missiles, rockets and other unmanned systems capable of delivering nuclear, chemical, or biological weapons, that are specially designed for such use

• Non-State actor:Non-State actor: individual or entity, not acting under the lawful authority of any State in conducting activities which come within the scope of this resolution

• Related materials:Related materials: materials, equipment and technology covered by relevant multilateral treaties and arrangements, or covered by relevant multilateral treaties and arrangements, or included on national control listsincluded on national control lists, which could be used for the design, development, production or use of nuclear, chemical and biological weapons and their means of delivery

Resolution 1540 (2004) Reinforces Nonproliferation Resolution 1540 (2004) Reinforces Nonproliferation TreatiesTreaties

“[Security Council] calls upon States to calls upon States to renew and fulfill their commitment to renew and fulfill their commitment to multilateral cooperationmultilateral cooperation, in particular within the framework of the International Atomic Energy Agency, the Organization for the Prohibition of Chemical Weapons and the Biological and Toxin Weapons Biological and Toxin Weapons ConventionConvention, as important means of pursuing and achieving their common objectives in the area of non-proliferation and of promoting international cooperation for peaceful purposes…

[and]

promote the universal adoption and full promote the universal adoption and full implementation, and, where necessary, implementation, and, where necessary, strengthening of multilateral treatiesstrengthening of multilateral treaties to which they are parties, whose aim is to prevent the proliferation of nuclear, biological or chemical weapons”

– Security Council Resolution 1540 (2004)

[BWC States Parties] noted that “information provided to the United information provided to the United Nations by states in accordance Nations by states in accordance with Resolution 1540 may provide a with Resolution 1540 may provide a useful resource for States Parties in useful resource for States Parties in fulfilling their obligationsfulfilling their obligations under this Article [4] ”

– Final Declaration of BWC States Parties at the 7th Review Conference

The Seventh Review Conference of the Biological Weapons Convention, The Seventh Review Conference of the Biological Weapons Convention, 5-22 December 20115-22 December 2011, Photo: Dana Perkins Photo: Dana Perkins

The 1540 Committee and Its ExpertsThe 1540 Committee and Its Experts• “[Security Council] expresses its intention to monitor closely the implementation of this

resolution and, at the appropriate level, to take further decisions which may be required to this end”- Security Council Resolution 1540 (2004)

• The 1540 Committee established pursuant to resolution 1540 (2004) to monitor the implementation of the resolution is a subsidiary body of the Security Council and consists of all current members of the Council

• The 1540 Committee facilitates implementation through cooperation, dialogue, and as a clearinghouse for assistance (its mandate extends till 2021)

• The 1540 Committee receives from States national reports and updates on implementation and reports to the Security Council through the Committee’s annual Program of Work, Annual review on the implementation of resolution 1540 (2004), and biannual briefing on its cooperation with the SC committees 1267 (Al-Qaida Sanctions Committee) and 1373 (Counter-Terrorism Committee)

• The 1540 Committee is aided by a Group of experts nominated by the UN Member States for 2 to 5 years appointments

• UN Department of Political Affairs (UNDPA) serves as the secretariat for the 1540 Committee while the UN Office for Disarmament Affairs (UNODA) provides substantive logistical and administrative support to the 1540 Committee and its Group of Experts in addition to undertaking regional activities in support of States’ implementation of resolution 1540 (2004)

A “1540 Matrix” Is Prepared by the A “1540 Matrix” Is Prepared by the 1540 Committee for each State1540 Committee for each State

• A “1540 Matrix” is prepared by the 1540 Committee for each State

• A matrix has 389 “fields” covering activities related to the Operative Paragraphs (OPs) of the resolution

• When completed, the matrix links the obligations of resolution 1540 (2004) with national implementation measures

What the 1540 Committee and Its Experts Are Monitoring What the 1540 Committee and Its Experts Are Monitoring on the 1540 Matrix with regard to BW-related Materialson the 1540 Matrix with regard to BW-related Materials

• Measures to account for / secureaccount for / secure production, use, storage, and production, use, storage, and transport of BW and related materialstransport of BW and related materials

• Regulations for physical protection of physical protection of facilities / materials / transportsfacilities / materials / transports

• Licensing / registration of facilities / Licensing / registration of facilities / peoplepeople handling bio materials

• Reliability check of personnelReliability check of personnel

• Measures to account for / secure / account for / secure / physically protect means of deliveryphysically protect means of delivery

• Regulations for genetic engineering Regulations for genetic engineering workwork

• Other legislation / regulations related Other legislation / regulations related to safety and security of biological to safety and security of biological materialsmaterials

EXCERPT FROM THE 1540 MATRIX TEMPLATEEXCERPT FROM THE 1540 MATRIX TEMPLATE

Reference to BWC CBMsReference to BWC CBMs

Subsequent Related ResolutionsSubsequent Related Resolutions-- Highlights ---- Highlights --

• Resolution 1673 (2006)– Invites the 1540 Committee to explore with States and international, regional and subregional explore with States and international, regional and subregional

organizations experience-sharing and lessons learned in the areas covered by resolution 1540 organizations experience-sharing and lessons learned in the areas covered by resolution 1540 (2004(2004), and the availability of programsavailability of programs which might facilitate the implementation of resolution 1540 (2004)

• Resolution 1810 (2008)– Encourages all States to prepare on a voluntary basis summary action plansprepare on a voluntary basis summary action plans, with the assistance

of the 1540 Committee as appropriate…

• Resolution 1977 (2011)– Urges States andStates and relevant international, regional and subregional organizationsrelevant international, regional and subregional organizations to inform the to inform the

Committee as appropriate of areas in which they are able to provide assistanceCommittee as appropriate of areas in which they are able to provide assistance; and calls upon States and such organizations, if they have not done so previously, to provide the 1540 States and such organizations, if they have not done so previously, to provide the 1540 Committee with a point of contact for assistance…Committee with a point of contact for assistance…

– Urges the 1540 Committee to continue...facilitating technical assistance for implementation of resolution 1540 (2004), in particular by… matching offers and requests for assistancematching offers and requests for assistance, through such means as visits to States, at the invitation of the State concernedvisits to States, at the invitation of the State concerned, assistance templatesassistance templates, action plansaction plans or other information submitted to the 1540 Committee

– Decides that the 1540 Committee will conduct a comprehensive review on the status of implementation of resolution 1540 (2004), both after five years and prior to the renewal of its mandate… the first review should be held before December 2016the first review should be held before December 2016

– Requests the 1540 Committee, with the support of the group of experts, to identify effective identify effective practices, templates and guidance, with a view to develop a compilationpractices, templates and guidance, with a view to develop a compilation, as well as to consider consider preparing a technical reference guide about resolution 1540 (2004),preparing a technical reference guide about resolution 1540 (2004), to be used by States on a voluntary basis in implementing resolution 1540 (2004), and in that regard, encourages the 1540 Committee, at its discretion, to draw also on relevant expertise, including, civil society and the to draw also on relevant expertise, including, civil society and the private sector, with, as appropriate, their State’s consentprivate sector, with, as appropriate, their State’s consent

Security Council Resolution 2118 Security Council Resolution 2118 (2013) on Syria(2013) on Syria

““[The Security Council] [The Security Council] decides that Member States shall inform immediately the Security Council of any violation of resolution 1540 (2004), including acquisition by non-State actors of chemical weapons, their means of delivery and related materials in order to take necessary measures therefore”- Security Council Resolution 2118 (2013)

Members of the Security Council vote on resolution 2118UN Photo / Mark Garten (27 September 2013)

Synergy and Convergence between BWC and Synergy and Convergence between BWC and Resolution 1540 (2004)– At a GlanceResolution 1540 (2004)– At a Glance

Resolution 1540 (2004) BWCApplicability: All 193 UN Member States 170 States Parties

Purpose: To prohibit non-State actors from developing, acquiring, manufacturing, possessing, transporting, transferring or using nuclear, chemical or biological weapons and their delivery systems

To prohibit the development, production, acquisition, transfer, stockpiling and use of biological and toxin weapons

Obligations: Refrain from supporting by any means non-State actors from developing, acquiring, manufacturing, possessing, transporting, transferring or using nuclear, chemical or biological weapons and their delivery systems; adopt legislation to prevent the proliferation of nuclear, chemical and biological weapons, and their means of delivery, and  establish appropriate domestic controls over related materials to prevent their illicit trafficking

Any necessary measures to prohibit and prevent the development, production, stockpiling, acquisition, retention, transfer or use of biological weapons by anyone under States Parties’ jurisdiction; and measures to prohibit/prevent encouraging, inciting or assisting others in any of these acts

Entry into force: 28 April 2004 26 March 1975

Reporting/where/when: Status of implementation / 1540 Committee / voluntary, “without delay” CBMs voluntary reporting / BWC ISU / annually by 15 April

Other reporting: Points of contact, national implementation action plans Points of contact, reports to RevCons

Transparency and civil society participation:

National reports/updates from 171 reporting States and 179 out of 192 approved matrices posted online; closed committee meetings

69 CBM returns in 2012 (22 on the public ISU website); open MX and MS

Assistance database/ clearinghouse role:

Yes / 1540 Committee Yes / BWC ISU

Verification mechanism: No No

Sanctions for non-compliance

No No

Voluntary peer-review mechanism:

Yes No

http://www.un.org/sc/1540

““The 1540 Committee has a key The 1540 Committee has a key

role to play in ensuring that the role to play in ensuring that the

world is a safe place and in world is a safe place and in

allowing people in every country allowing people in every country

to pursue their lives free of fear to pursue their lives free of fear

of catastrophic attack by of catastrophic attack by

non-State actors…”non-State actors…”

The UN Secretary General, Ban Ki-MoonRemarks at dinner hosted by the Permanent Representative of Saudi Arabia on the occasion of the high-level event on Security Council resolution 1540 (2004), New York, 10 December 2012 / Photo: Dana Perkins

References

Questions

References and QuestionsReferences and Questions