Exclude Russia from the Security Council? Neutralize the state that has most obstructed UN resolutions since its creation? There is nothing incongruous about the idea, maintains Nicolas Tenzer. In his latest work, Our war (ed. de l’Observatoire), this expert in strategic issues even suggests two ways to achieve this. First, resort to Article 6 of the United Nations Charter, which states that a member “may be excluded from the organization by the General Assembly on the recommendation of the Security Council” if it violates its principles ” persistently.” This is indeed the case of Russia, which has violated most of the foundations of the Charter, whether it concerns “keeping the peace”, “the right of peoples to self-determination” (article 1), the “peaceful settlement of disputes” (article 2) or the refusal of “the use of force against the territorial integrity of any State” (article 4).
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The legal subtlety lies in the term “recommendation”, which, unlike a “decision”, is not subject to veto. It would therefore be up to the General Assembly to decide – the same Assembly which has condemned the Russian invasion on several occasions… “To make this recommendation successful, it would be enough for 9 of the 15 permanent and non-permanent members of the Council to vote in this meaning. The current composition of the Council would allow it”, explains Nicolas Tenzer, who also mentions a second way to get Russia out of the “P5”. Even more radical, it would consist of calling into question the legitimacy of the Russian Federation to sit on the Council, to the extent that, even today, only the USSR is mentioned in the charter!
“The fragile legal basis on which Russia bases its title of successor may be shattered due to its multiple and repeated violations of international law.” In reality, he summarizes, “the problem is not legal, it is a question of political will”. It remains to be seen whether it is better to follow through with such an approach – and risk blowing up the Council – or to use it to put pressure on Moscow. And remind him of his duties.