DR. B.R.

AMBEDKAR NATIONAL LAW UNIVERSITY, SONEPAT,

HARYANA

PUBLIC INTERNATIONAL LAW

UNITED NATIONS

SEMESTER – VII

SUBMITTED TO: SUBMITTED BY:

Dr. Renu Sharma Aadyaa Katiyar

Assistant Professor 2101068

Public International Law Section A

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 ACKNOWLEDGEMENT

First and foremost, I offer my heartfelt gratitude to God, whose divine strength, unyielding
resolve, and steadfast guidance made this journey possible. It is through His blessings that I
was able to complete this project with perseverance and integrity, and without His grace,
this achievement would not have been realized. I am deeply thankful to all those who have
played a role in this research, offering their kindness, support, and encouragement along the
way. Their contributions have been immeasurable, and I am profoundly appreciative of each
one.

A special word of thanks goes to Dr. Renu Sharma, whose exceptional mentorship has been
a guiding light throughout this endeavour. Her insightful counsel, unshakable
encouragement, and unwavering direction have been the pillars upon which this work stands.
I am eternally grateful for the wisdom she imparted and the steadfast belief she had in my
abilities. My sincere appreciation also extends to the administration for their generous
provision of vital resources, including access to advanced remote research tools. Their
thoughtful and proactive support has been instrumental in the completion of this project, and
I am deeply grateful for their commitment to creating a nurturing environment for academic
growth.

Lastly, I am profoundly indebted to my fellow batchmates, whose camaraderie and support

have enriched this experience, and most of all to my parents. Their boundless love, unceasing
encouragement, and unwavering faith in me have been a constant source of strength and
motivation. I can never fully express my gratitude for their enduring presence and the guiding
light of their belief, which has illuminated my path every step of the way.

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 TABLE OF CONTENTS

1. Introduction .......................................................................................................................... 4

2. United Nations And Its Ambitions......................................................................................... 5

3. Failures Of UN ..................................................................................................................... 5

3.1. Case Study: Yemen ........................................................................................................ 6

4. Immunity Enjoyed By The Un: A Blessing Or A Detriment ?................................................ 9

5. India’s Role In The United Nations ................................................................................... 14

6. Conclusion.......................................................................................................................... 20

7. Bibliography ....................................................................................................................... 21

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 INTRODUCTION

The International Peacekeeping Organization originated after World War I (WWI),

following the Paris Peace Conference of 1919. This conference resulted in the Treaty of
Versailles, which included the Covenant establishing the League of Nations (LON). The
LON was formed as a cooperative alliance between the four major powers of the time: Great
Britain, Japan, France, and Italy, aimed at preventing the outbreak of World War II (WWII).
These four powers, along with 58 other member nations, comprised the League’s initial
membership. However, the LON's failure to prevent WWII led to its dissolution and the
creation of the United Nations (UN) to address global conflicts and promote peace.

The United Nations was officially established in 1945, with its headquarters located in
Manhattan, New York. Initially, there were 51 member nations, including the four principal
Allied powers from WWII: the United States (USA), the Soviet Union, the Republic of China,
and the United Kingdom. These nations met in Washington, D.C. to negotiate terms for
maintaining world peace and preventing the onset of a potential World War III. This led to
the creation of the United Nations (UN), an international organization dedicated to conflict
resolution and global stability.

The UN operates through various principal organs, including:

1. The Security Council
2. The General Assembly
3. The International Court of Justice
4. The UN Secretariat
5. The Trusteeship Council
6. The Economic and Social Council (ECOSOC)

Among these, the most critical department within the UN is the Department of Peacekeeping
Operations (DPO), which plays a central role in the UN's efforts to maintain international
peace and security1.

1
‘History of the UN Seventieth Anniversary’ (United Nations) available
at: [Link]
s%20an,living%20standards%20and%20human%20rights (last visited on November 21, 2024).
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 UNITED NATIONS AND ITS
AMBITIONS

Today, with 193 member nations, the United Nations (UN) pursues a range of important
objectives, or raison d'être, which explain its formation and ongoing relevance. These
objectives include maintaining international peace and security, mediating armed conflicts,
preventing the recurrence of wars, and ensuring a better future for humanity 2. However, in
reality, the UN’s lofty goals have often seemed distant and unrealized. Issues such as combating
global warming, addressing poverty, ensuring that no nation goes hungry, and fostering
global connectivity remain largely unaddressed.

The 75th UN General Assembly, held last year, was one of the most unconventional and
widely considered one of the least successful sessions in the organization’s history. Much of
the assembly turned into a form of virtual diplomacy, with leaders delivering pre-recorded
video speeches from their offices. Many leaders used the platform to campaign for upcoming
elections or to assign blame for global issues, such as the spread of the COVID-19 virus. As
a result, the UN has increasingly become a forum where countries criticize each other rather
than engage in meaningful dialogue or action. World leaders often use this stage to impress
domestic audiences by delivering lectures or dictating policies to others, but ultimately, the
issues remain unresolved. The session became little more than a series of quarrels, lectures,
and empty promises, and life continued as before.

FAILURES OF UN

Over the years, the United Nations (UN) has repeatedly failed to address some of the world's
most pressing issues, whether it concerns the Middle East crises, the human rights
violations in Kashmir, or the Taliban's takeover of Afghanistan. In each of these cases, the
UN has been unable to take decisive action or provide effective solutions. Its organs, many of
which are deeply dysfunctional, have failed to make an impact in some of the world's most

2
United Nations, ‘About Us’ (UN) [Link] (last visited on November 21, 2024).

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 troubled regions.

One of the most criticized bodies within the UN is the United Nations Human Rights Council
(UNHRC), which until January of the previous year, included some of the world's worst
human rights abusers. Countries like Cuba, known for arbitrary imprisonment and unfair
trials, and Venezuela, under a brutal dictatorship, were part of this body, casting doubt on
the UNHRC's credibility. In fact, the UN has often shielded some of the most inhumane
regimes, failing to take meaningful action during genocides in places like Rwanda, Congo,
Cambodia, and Yugoslavia, where the UN repeatedly stood by as atrocities unfolded.

CASE STUDY: YEMEN3

The Yemen conflict has now dragged on for over a decade, a humanitarian crisis that the world
has largely ignored. The people of Yemen are enduring unimaginable suffering, with rockets
constantly raining down, food and medicine in short supply, and millions facing starvation.
The UN has labeled it the world's worst humanitarian crisis, with children suffering the most.
Despite the severity of the situation, the global response has been inadequate, and the
international community has largely failed to intervene.

In the midst of this, the United Arab Emirates (UAE) has established a military presence in
Yemen, particularly in Socotra Island, a strategically important location near the Gulf of
Aden and Horn of Africa. The UAE has been steadily fortifying its military position on the
island, constructing airbases, naval anchorages, and missile defence systems, with plans to
deploy 12,000 special forces personnel. There are reports that Yemen's president, Mansoor
Hadi, has even leased Socotra to the UAE for 99 years, though the terms of this lease remain
unclear. Hadi himself has accused the UAE of bad faith in its dealings4. The UAE’s actions
seem motivated by the need to secure critical oil routes, curb Iranian expansion, and
protect Saudi ports.

3
Yemen: Collective Failure, Collective Responsibility - UN Expert Report (OHCHR, United Nations)
[Link]
report (last visited on November 14, 2024).
4
BTI, ‘Yemen Country Report’ (BTI, 2022) [Link] (last visited
on November 21, 2024).
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 UN'S PEACEKEEPING EFFORTS5

The UN’s Department of Peacekeeping Operations (DPO), which is often called upon after
conflicts have already devastated civilian populations, has also been widely criticized.
While UN peacekeepers are deployed to stabilize regions post-conflict, their efforts have not
always been successful, and in some cases, the peacekeepers themselves have been
implicated in heinous crimes. Additionally, the UN has failed to resolve some of the most
enduring global conflicts, including the Israeli-Palestinian conflict, the Syrian civil war, and
the ongoing war in Yemen. Despite numerous peacekeeping missions, the UN has often been
unable to deliver lasting solutions.

The UN Security Council, which is supposed to address and resolve such conflicts, has
become paralyzed by the veto power of its five permanent members—the United
States, Russia, China, France, and Great Britain. These powers have often used their veto to
block resolutions that do not align with their national interests. For example, the US regularly
vetoes resolutions condemning Israel, Russia has used its veto to prevent action against Syria,
and China has blocked efforts to penalize Pakistan for sponsoring terrorism. The continued
dominance of these five countries in the Security Council, nearly 80 years after World War
II, raises questions about fairness and equity in the UN system. Why, for instance, can’t
countries like India, Japan, or South Africa have a seat at the table with veto power?

India, despite being a major contributor to UN peacekeeping missions, is still excluded from
the most influential decisions. India ranks fourth in terms of troop contributions, with 6,700
troops currently deployed in various peacekeeping operations. Over 2 lakh Indian soldiers
have served in 49 peacekeeping missions since 1948, and 160 Indian soldiers have died while
serving under the UN flag6. In 2007, India became the first country to send an all-women
contingent to a peacekeeping mission in Liberia, where they provided around-the-clock
security in some of the country’s most troubled regions. Despite these contributions, India
has not been granted a permanent seat on the UN Security Council, highlighting the
imbalance in global power dynamics within the organization.

5
Department of Peace Operations, ‘Peacekeeping’ (UN) [Link]
operations (last visited on November 21, 2024).
6
‘India: A long and deep tradition of contributing to UN peacekeeping’ (UN
News) [Link] (last visited on November 21, 2024).
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INFLUENCE OF CHINA WITHIN THE UN
China's influence within the UN has also raised concerns. Key positions in the UN, such
as UNDESA (United Nations Department of Economic and Social Affairs), ITU
(International Telecommunication Union), and FAO (Food and Agriculture Organization),
are led by former Chinese government officials, like Liu Zhenmin, Zhao Houlin, and Qu
Dongyu. These leaders, who were once part of the Chinese Communist Party, now hold
significant positions of power within the UN, which many see as China leveraging the UN
for its own geopolitical interests, including trade and diplomatic advantages.

One of the most controversial agencies in the UN today is the World Health Organization
(WHO), currently led by Dr. Tedros Adhanom Ghebreyesus, a former health minister
of Ethiopia. Dr. Tedros has been accused of covering up a cholera epidemic in Ethiopia and
has faced criticism for his handling of the COVID-19 pandemic. His appointment as the head
of the WHO, despite these past controversies, has raised suspicions that China played a role
in supporting his selection, given the country’s strategic interests in the organization.
Meanwhile, sub-Saharan Africa is facing a shortage of COVID-19 vaccines and
critical medicines, exposing the failure of global health systems and international
cooperation.

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 IMMUNITY ENJOYED BY THE UN: A
BLESSING OR A DETRIMENT ?

The United Nations (UN) enjoys various privileges granted by policies designed for the
international community, which include certain immunities in specific matters and areas.
These privileges are a key aspect of the UN's ability to function independently and
effectively. The UN was established to promote peace, security, harmony, and equality
across the globe. However, while the UN works towards achieving these goals, it is important
to recognize that it often exercises a significant amount of power and authority, which can,
at times, become counterproductive. This concentration of power may, in certain cases, hinder
the very principles the UN seeks to uphold.

The UN’s immunity is enshrined in the Charter of the United Nations (UN Charter) and the
Convention on the Privileges and Immunities of the UN (CPIUN). According to Article 105
of the UN Charter, and Article II, Section 2 of the CPIUN, the UN's property and assets are
immune from legal proceedings, regardless of their location or ownership. This immunity
can only be lifted if the UN explicitly chooses to waive it. Furthermore, Article IV, Section
18 of the CPIUN grants immunity to acts, statements, or writings made by UN
representatives and employees in the course of their official duties. These protections apply
to any legal actions arising from their official conduct. Despite these broad immunities,
Article VIII, Section 29 of the CPIUN stipulates that when the UN is legally liable or
responsible in private matters, it should adopt an appropriate form of dispute settlement. This
provision recognizes the need for redress in cases where the UN may be at fault, but it is
limited to private matters. A significant case that has highlighted the complexities of the
UN’s immunity is the Haiti Cholera case. Legal scholars have extensively analysed this case,
particularly regarding whether the UN can claim immunity in instances where it has refused
to address victims' claims for justice. This case raises important questions about the scope
and fairness of the UN's immunity, particularly when it involves legal responsibilities and
accountability.

The issue that arose in the United States courts regarding the Haiti Cholera case centered on
whether the United Nations (UN) could claim immunity from legal proceedings, even after
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 it had rejected claims from victims seeking redress. These claims were explicitly mentioned
in the Convention on the Privileges and Immunities of the UN (CPIUN), which affirms that
victims have the right to participate in dispute resolution processes7. The UN’s refusal to
address these claims effectively undermines the victims' basic right to justice. This highlights
the need for the UN to adopt clear and effective dispute settlement mechanisms and prioritize
them over its immunity advantages.

Historically, it was assumed that the UN, as a legal entity, would fall under the jurisdiction
of national laws8. However, the UN Charter specifies that the UN’s legal capacity can be
extended within a nation to fulfil its duties and achieve its objectives. Unlike sovereign states,
international organizations like the UN enjoy broader immunities, justified by the functional
necessity doctrine9. This doctrine provides that the UN must be immune from legal actions
across jurisdictions in order to carry out its work effectively. While Article 105 of the UN
Charter limits this immunity to actions necessary for achieving its goals, the CPIUN has made
this immunity nearly absolute, stating that the UN can only waive it explicitly. Thus, the UN
alone has the power to decide whether it should be immune or not, which raises concerns about
fairness.

Furthermore, although the CPIUN grants the UN Secretary-General the authority to remove
immunity in cases where it obstructs justice, this power is constrained by the condition that
it must not conflict with the UN's interests. This creates a contradiction, as situations will
arise where the UN must prioritize justice over its own institutional interests. International
agreements such as the Status of Forces Agreement (SOFA) and the UN Charter have stressed
the need for effective mechanisms for redress, especially in cases where the UN is held liable
in peacekeeping missions10. Immunity cannot be so expansive that it obstructs every
opportunity for victims to seek compensation.

From a human rights perspective, international law recognizes the importance of providing

7
Farhana Choudhury, The United Nations Immunity Regime: Seeking a Balance between Unfettered Protection
and Accountability, Geo. L.J. 725, 2016, at 104.
8
August Reinisch, Introductory Note, Convention on the Privileges and Immunities of the United Nations,
AUDIOVISUAL LIB. INT'L L. 2 (2009)
9
Michael Singer, Jurisdictional immunity of International Organizations: Human Rights and Functional Necessity
Concerns, 36 VA.J. INT'L L. 1995,at 53, 58.
10
Marten Zwanenburg, Accountability of Peace Support Operations, 288 (2005).
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 effective remedies to victims of harm, and this includes compensatory actions. If the UN
remains unaccountable for its actions due to its sweeping immunity, it undermines its
credibility and tarnishes its image as a promoter of international peace, security, and
[Link] the UN’s role as a model for the international community, its unfair use of
absolute immunity makes it appear as a negative force in the eyes of other nations and
international organizations. The core objectives of the UN—promoting peace, security, and
cooperation among nations— are compromised when effective dispute resolution
mechanisms are not implemented. The UN has a responsibility to ensure equal protection and
respect for private life, as outlined in its human rights obligations. Accountability is crucial,
as it fosters trust among nations and strengthens the UN’s ability to uphold its principles and
objectives. The failure to address these issues not only impedes justice but also damages the
UN's standing as a global leader in promoting international peace and cooperation.

The UN must recognize the significant influence it holds over the international community
and act responsibly by ensuring accountability for its actions and providing justice to those
affected. This can be achieved by fully understanding the provisions related to immunity in
the CPIUN and by establishing clear and effective methods for dispute resolution.
Peacekeeping missions have, in many cases, resulted in increased mortality rates due
to negligence and poor management, highlighting the need for stringent measures to address
such issues. Despite this, no disciplinary or legal actions have been taken to hold the UN
accountable for these failures. To remedy this, the Status of Forces Agreement (SOFA) could
be amended to mandate the UN to clearly define the process for the formation of a standing
claims committee. If the UN fails to do so, this could serve as grounds for reconsidering its
immunity in such matters. The UN's lack of clarity regarding dispute resolution methods, as
reflected in the CPIUN's vague reference to providing “appropriate methods of settlement,”
has contributed to this uncertainty and undermines the possibility of fair and consistent
redress for victims.

In the case of Brzak v. United Nations12, the plaintiff, employed by the United Nations High

11
Frederick Rawski, To Waive or Not to Waive: Immunity and Accountability in U.N. Peacekeeping Operations,
18 CONN. J. INT'L L. 2002, at 103, 104.
12
Larry D. Johnson, Brzak v. United Nations (2d Cir.) & Mothers of Srebrenica v. Netherlands & United Nations
(Neth. App. Ct.), Introductory Note by Larry D. Johnson, International Legal Materials, Vol. 49, No. 4 2010, at
1011-1028.
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Commissioner for Refugees (UNHCR) in Geneva, alleged that she was inappropriately
touched by Ruud Lubbers, the UN High Commissioner, during a staff meeting in 2003. The
plaintiff reported the incident to the UN’s Office of Internal Oversight Services, which
recommended disciplinary action against Lubbers. However, the UN Secretary-General,
Kofi Annan, dismissed the complaint, allowing Lubbers to remain unpunished. Additionally,
after the plaintiff persisted with the complaint, she faced retaliation, including being denied
promotions and mistreated by UN representatives. When the case was brought before US
courts, it was dismissed on the grounds of UN immunity, referencing the CPIUN, which
grants the UN immunity from legal proceedings unless it voluntarily waives it. The court
further cited the Vienna Convention on Diplomatic Relations (1961), which provides
immunity to diplomats for actions performed in their official capacity. Out of seven
allegations made, the court ruled that six were related to official duties, thus the defendants
were immune from legal action.

In another notable case of Mothers of Srebrenica v. State of Netherlands and United Nations,
the Mothers of Srebrenica filed claims against the UN and the Netherlands following the 1995
Srebrenica massacre during the Bosnian War. The UN Protection Force (UNPROFOR),
primarily composed of Dutch soldiers, had failed to protect the Srebrenica safe zone from a
Serbian attack, resulting in the deaths of thousands of Bosniak civilians. The victims' relatives
sought redress, but received no response from the UN Secretary-General. The case
was eventually brought before Dutch courts, where the district court ruled that the UN was
immune from legal claims due to its absolute immunity, which was further upheld by both
the Court of Appeals and the Supreme Court of the Netherlands. A final appeal to the
European Court of Human Rights was also dismissed, with the court upholding the UN's
immunity.13 In this case, General Assembly Resolution 52/247 (1998) was cited, which
established limitations on claims against the UN for actions performed by its peacekeepers in
the course of their official duties. This resolution emphasized that the UN’s immunity cannot
be challenged by national courts, and claims against UN personnel can only be pursued if
the actions were not part of their operational duties. As a result of this resolution, the SOFA
was implemented, which further solidified the UN’s immunity in these contexts.

These cases illustrate the extensive immunity enjoyed by the UN under both its own
regulations and international law. While immunity is crucial for enabling the UN to carry out
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its missions, it also raises serious concerns about accountability, particularly in situations
where its actions lead to harm. To ensure that justice is served, the UN must prioritize the
establishment of clear dispute settlement mechanisms and ensure that it is held accountable
when it fails in its responsibilities, particularly in peacekeeping operations where violations
have led to significant harm. Only by addressing these issues can the UN maintain its
credibility and trust within the international community.

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 INDIA’S ROLE IN THE UNITED
NATIONS

ESTABLISHMENT OF THE UNITED NATIONS AND INDIA'S ROLE13

The United Nations was established in 1945, following the end of World War II and the defeat
of fascism and Nazism. This period also marked a significant reduction in colonial rule, which
created a unique historical moment. During this time, India was on the brink of gaining its
independence and preparing for a post-colonial future. The process of decolonization
enhanced India's position on the global stage, with the moral authority of leaders like
Mahatma Gandhi bolstering the country's international credibility. As a result, India
developed a close relationship with the UN, which was seen as a pivotal body for promoting
global peace and justice. Jawaharlal Nehru, a key figure in India's independence movement
and a close associate of Gandhi, became the first Prime Minister of India. His sister, Vijaya
Laxmi Pandit, who played a leading role in India's diplomacy, headed the country's UN
delegation in the early years. In 1953, Pandit became the first woman to serve as the President
of the UN General Assembly.

INDIA'S EARLY ACHIEVEMENTS AND CONTRIBUTIONS TO THE UN

India made significant contributions in the early years of the UN, particularly in shaping the
post-colonial world order. The country's participation in the drafting of the Universal
Declaration of Human Rights (UDHR) was one of its notable achievements. India's
involvement in this foundational document underscored its commitment to global human
rights and justice. Hansa Mehta, India's representative to the UN Commission on Human
Rights, played a crucial role in this process. Mehta was also a member of the Indian
Constituent Assembly and the Fundamental Rights Subcommittee, further contributing to
India's influence in shaping international human rights norms.

FORMATION OF THE UN AND INITIAL CHALLENGES

In its early stages, the UN was largely shaped by the Allied powers of World War II, who played

13
Kristen E. Boon, The United Nations as Good Samaritan: Immunity and Responsibility, 16 CHI. J. INT'L L.,
2016, at 341.

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a key role in its formation. The framework for the UN was outlined in the Atlantic Charter
of 1941, signed by Franklin D. Roosevelt (President of the US) and Winston Churchill
(Prime Minister of the UK). This Charter was later supported by the Declaration by the United
Nations in 1942, in which 26 countries pledged to oppose the Axis powers. The post-war
order was further developed by the US, UK, Soviet Union, and China, who outlined plans
for a UN conference in San Francisco in 1945. At this conference, the formal UN Charter
was created with the participation of 50 countries, laying the foundation for the global
organization.

INDIA'S STRUGGLES AND OPPORTUNITIES AT THE UN

At the San Francisco meeting, colonized nations, including India, were not represented by
their own leaders. Some critics argued that the UN was designed to serve Western imperial
interests, while others saw it as an opportunity for positive change. The Atlantic Charter
provided hope for colonized nations, as it endorsed the principles of self-determination,
sovereign rights, and the right to choose one’s government. However, the British Empire
initially argued that the Charter did not apply to their colonies. Eventually, it was clarified
that these principles would apply universally.

Though India was invited to the UN conference, it was represented by officials appointed by
the British colonial government. However, the Indian independence movement and global
support for decolonization led to increased pressure on the British to grant India independence
and justice for colonized peoples.

During the early years of India's participation at the UN, Vijaya Laxmi Pandit emerged as a
key advocate for the country’s independence and the rights of colonized nations. She used
her platform at the UN to inform the international community about the situation in India,
highlighting the need for justice and equality for colonized peoples. In Virginia, Pandit spoke
of a broader vision for the future, emphasizing the need for an international perspective on
global issues rather than a narrow national outlook. She actively engaged in both official UN
meetings and public forums, advocating for anti-imperialist policies and rallying support for
global decolonization. Through her efforts, Pandit played a pivotal role in positioning India
as a leader in the fight for independence and equality on the global stage.

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INDIA'S ROLE IN SUPPORTING THE UNITED NATIONS

Since gaining independence in 1947, India has been a crucial supporter of the United Nations
(UN) and its efforts to maintain international peace and security. India became an integral
member of the UN, having signed its Charter on June 26, 1945, making it a founding member.
Over the years, India has made significant contributions, particularly through its involvement
in peacekeeping missions. India has participated in over 49 peacekeeping missions,
providing substantial support by deploying troops. Notably, 168 Indian peacekeepers have
lost their lives while serving in UN missions, highlighting the country's commitment to
peacekeeping. Furthermore, many prominent commanders of UN missions have come from
India, further emphasizing its leadership role in global peace efforts.

INDIA'S CONTRIBUTIONS TO THE UN AND CHALLENGES FACED

In addition to its contributions to peacekeeping, Indian personnel have played an important

role within the UN Secretariat and other UN agencies. For example, Radha Kumar, a
renowned scholar in international human rights, was appointed as the Chairperson of the UN
University's Governing Council, underscoring India's intellectual and diplomatic
contributions to the organization. Despite these achievements, the UN has faced significant
challenges in maintaining global peace, including issues like geopolitical divisions, political
influences, internal conflicts, and an often uncoordinated structure. However, the UN has
remained resolute in addressing challenges related to development and human rights. The
UN Security Council has played a central role in shaping strategies to address these issues,
with India contributing to its efforts. In fact, India was elected as a non-permanent member
of the Security Council for the term 2021-2022, where it actively contributed to addressing
humanitarian needs globally.

THE UN’S STRENGTH AND INDIA’S INVOLVEMENT

The UN possesses the strength and operational capacity to bring together governments, civil
societies, and the private sector to achieve global objectives. One of its key functions, through
the Security Council, is to address and resolve issues that threaten international peace and
security. The Council has played a pivotal role in addressing issues such as nuclear non-
proliferation, terrorism, and maintaining global peace. Throughout the UN’s peacekeeping

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 efforts, India has consistently been a key player, demonstrating its commitment to peace
through its intellectual and diplomatic contributions to peacekeeping policies and strategies.
India's economic development has also benefited from the UN's development programs.
Initiatives by the UN have contributed to the country's growth, with global agreements such
as the India-US nuclear deal (2007-2008) having significant international repercussions,
further cementing India’s role in global diplomacy and development.

INDIA'S ROLE IN THE UN SECURITY COUNCIL

India has served seven times as a member of the UN Security Council, making it the only Asian
country to do so. India’s reputation on the Security Council has been one of trust and reliability,
with the country playing a vital role in strengthening the Council’s functioning. India has
consistently contributed to addressing security issues and has brought intelligence and
diplomatic insight to the table. During its tenure, India has emphasized the need for the
Security Council to address climate change and other emerging global challenges. As the
world’s largest democracy, India continues to play a significant role in supporting the UN’s
peacekeeping efforts and remains an influential actor in shaping global security and
development policies.

INDIA’S ROLE IN PEACEKEEPING AND GLOBAL GOVERNANCE

India has consistently played a crucial role in supporting the United Nations (UN) in its efforts
to maintain international peace14. Since gaining independence in 1947, India has been an
integral member of the world’s largest international organization. As a founding member of
the UN, India signed the UN Charter on June 26, 1945. India’s commitment to global peace
has been demonstrated through its substantial contributions to peacekeeping operations. The
country has participated in over 49 peacekeeping missions, contributing a significant number
of troops. In the course of these missions, approximately 168 Indian peacekeepers have made
the ultimate sacrifice. Additionally, several Indian commanders have held prominent
leadership positions in UN missions, further emphasizing India’s key role in peacekeeping
efforts worldwide.

14
Montgomery Blah, ‘India's Stance and Renewed Commitment to UN Peacekeeping’ (2017) 41(3) Strategic
Analysis 257-272 [Link] (last visited November 21, 2024).

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 To conclude, India has been a significant contributor to the United Nations (UN) since its
inception, playing a pivotal role as a founding member of the organization. This status
highlights India's key influence and dedication to the UN’s mission of global peace and
cooperation15. Throughout its involvement, India has demonstrated selfless support for the
UN’s initiatives, always prioritizing collective global benefits over national gain. India has
consistently participated in numerous UN missions, providing aid and support to other
countries, regardless of whether it received recognition or benefit in return.

Despite its contributions, India’s position within the UN has not always reflected its true
capabilities. While India aspires to be an influential global power, its actual influence within
the UN remains limited. Notably, India has yet to secure a permanent membership on the
Security Council, a position that would enhance its ability to shape international policy. In
contrast, countries like China have achieved a dominant role, largely due to their strategic
influence. This disparity in representation is a source of frustration for India, particularly in
areas like its membership in the Nuclear Suppliers Group (NSG) and its efforts to gain a
permanent seat on the Security Council. India's struggle with China over these matters
underscores the political challenges within the UN system, where regional conflicts impact
global decision-making.

India's role within the UN has evolved significantly since independence. In the early years,
as a newly independent nation, India lacked the financial resources and political leverage to
fully assert itself within the UN. Despite these limitations, India made important
contributions, even if it was not yet in a position to demand major influence. As India's
capacity grew, so did its participation, and the country became increasingly active in
supporting global development and peacekeeping efforts. Experts believe that India has the
potential to be part of the UN's permanent membership, but geopolitical challenges,
particularly with China, have hindered this goal.

In terms of global goals, India has played an active role in advancing the UN's Sustainable

15
David M. Malone, ‘The United Nations’ Evolution and India's Role’ (2020) 44 Strategic Analysis 490-
501 [Link] (last visited November 21, 2024).
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 Development Goals (SDGs), which focus on peace, poverty reduction, climate action, and
sustainable growth16. India’s contributions to these goals are essential for the UN’s broader
mission of global development. To further strengthen its role, India should seek greater
engagement and active membership within the UN, enabling it to better contribute to the
organization’s objectives. The Indian government should focus on two key areas: local-level
issues that affect India directly, and global-level concerns that align with the UN’s broader
mission. By addressing both, India can play a critical role in advancing the UN’s sustainable
development agenda and ensuring global peace and prosperity.

16
‘India to Take up Issues like Terrorism, Vaccines, Climate Change at Unga: Ambassador Tirumurti’ The Hindu
(20 September 2021) [Link]
climate-change-at-unga-ambassador-tirumurti/[Link] (last visited November 21, 2024).
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 CONCLUSION

The United Nations, despite its lofty ideals, has shown over time that it often falls short of
addressing the harsh realities of the world. The UN can be described as having a “Heart of
Gold and Limbs of Clay”—it may have noble intentions, but its actions and effectiveness are
often limited. While the view from the UN's headquarters may appear impressive, it cannot
alter global realities from behind a desk. A key example of the UN's failings is its stance on
the Kashmir issue. In June 2018, the UN High Commissioner for Human Rights released a
report accusing India of human rights violations, but controversially referred to Pakistan-
backed militants in Kashmir as “armed groups”. During the report’s preparation, Pakistani
diplomats boasted about their country’s influence over its content, raising concerns about the
UN's impartiality. If a country like Pakistan can exert such influence, it calls into question
the integrity of UN processes.

Today, the world is facing multiple crises—pandemics, poverty, economic recessions, civil
wars, terrorism, and genocide—and the United Nations has failed to effectively address or
resolve many of these issues. As a vast, bureaucratic institution, the UN often bends to the
will of its largest sponsors, rendering it ineffective in its mission. It is clear that the UN must
undergo significant reforms to stay relevant, or risk being replaced. It needs to adapt to the
current global landscape and give due recognition to the emerging powers that shape today's
world.

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 BIBLIOGRAPHY

ARTICLES:
I. ‘India’s role in the United Nations: History and Prospects’ by Abhinandan Ashok
Neeralgi: 4.3 JCLJ 2024 1085
II. ‘Immunity enjoyed by the UN: A boon or a Bane?’ By Ananya Jain: 2020 4.1 IJLIA
33
III. ‘United Nations Failures: International Law perspective’ by Rahul Kumar: 3.1 JCLJ
2022 1054

BOOKS:
I. Public International Law by V.K. Ahuja
II. International Law and Human Rights by S.K. Kapoor
III. The History of Diplomatic Immunity by Linda S. Frey

WEBSITES:
I. [Link]
II. [Link]
III. [Link]
IV. [Link]
V. [Link]
VI. [Link]

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