The Investigative Power of the United Nations Security Council

Initially, it seemed that the investigative power of the Security Council would be merely ancillary, especially considering that Article 34 of the United Nations Charter, which establishes it, limits both its scope and function. On one hand, the Security Council can only investigate international disputes, i.e., those that could lead to disagreement between two or more states. On the other hand, the investigation should be limited to determining whether the dispute under the Council’s consideration poses a threat to international peace and security. However, nearly 80 years later, the practice of the Security Council reveals a trend toward an expansive interpretation of its investigative power. This power has shifted towards specific modalities. The purpose of the Security Council’s investigative power is now twofold. First, it aims to determine whether the continuation of the dispute is likely to threaten international peace and security. Second, it ensures that the conflict does not eventually escalate into a threat to peace or an act of aggression that would require coercive measures under Chapter vii of the Charter. The expansive interpretation of Article 34 has thus transformed the Security Council’s investigative power into a comprehensive and adaptable mechanism, capable of integrating both conciliation and coercion functions. By broadening the scope of its investigations, the Security Council can simultaneously engage in peaceful resolution efforts and, if necessary, pave the way for coercive actions should the threat persist or worsen.