Voting in the Security Council: Abstention in the Post-1965 Amendment Phase and its Impact on Article 25 of the Charter

Abstract

The amendments to the Charter adopted by General Assembly Besolution 1991 (XVIII) A of December 17, 1963, relating to the Security Council entered into force on August 31, 1966. As a result, the number of the non-permanent members was raised from six to ten, bringing the total of members of the Council to fifteen and the word “seven” in paragraphs 2 and 3 of Article 27 was replaced by the word “nine.” The rest of paragraph 3 of Article 27 was left unchanged and the affirmative and concurring votes of the permanent members continue to be required for decisions of the Council “on all other matters,” that is, on all matters other than procedural ones. It is clear from the debates preceding the adoption of the amendments that there was no intention to tamper with this requirement which confers on each of the permanent members the power to cast a “veto,” that is, a negative vote. No attempt has been made to clarify the effect of the absence of a permanent member from the Council upon the adoption of decisions relating to non-procedural matters or the effect of the abstention by a permanent member in the vote on such a decision. Presumably, by tacit accord, it was deemed wiser to leave the proverbial Pandora’s box locked.