Human Rights and Peace Law Docket
CHARTER OF THE UNITED NATIONSCHAPTER I
Article 1 • The purposes of the United Nations are:
1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;
2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;
3. To achieve international cooperation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and for the fundamental freedoms for all without distinction as to race, sex, language or religion; and
4. To be a center for harmonizing the actions of nations in the attainment of these common ends.Principles
Article 2 • The organization and its members, in pursuit of the purposes stated in Article 1, shall act in accordance with the following principles: ...
3. All members shall settle their international disputes by peaceful means in such a manner that international peace, and security, and justice, are not endangered.
4. All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any member or state, or in any other manner inconsistent with the purposes of the United Nations.CHAPTER VI
Pacific Settlement of Disputes
Article 33 • 1. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.
Article 36 • 1. The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appropriate procedures or methods of adjustment.
2. The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties.
3. In making recommendations under this article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court.
Article 37 • 1. Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council.
2. If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate.
Article 38 • Without prejudice to the provisions of Articles 33 to 37 of this Charter, the Security Council may, if all parties to any dispute so request, make recommendations tothe parties with a view to a peaceful settlement of the dispute.CHAPTER VII
Action with Respect to Threats to the Peace, Breaches of the Peace and Acts of Aggression
Article 39 • The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with the provisions of Articles 41 and 42, to maintain or restore international peace and security.
Article 40 • In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 41, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.
Article 41 • The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon members of the United Nations to apply such measures. These may include complete or partial interruptions of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.
Article 42 • 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 actions may include demonstrations, blockade, and other operations by air, sea or land forces of members of the United Nations.
Article 43 • All members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.
2. Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided.
3. The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security Council and member states or between the Security Council and groups of member states and shall be subject to ratification by the signatory states in accordance with their constitutional processes.
Article 44 • When the Security Council has decided to use force it shall, before calling upon a member not represented on it to provide armed forces in fulfillment of the obligations assumed under Article 43, invite that member, if the member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that member's armed forces.
Article 45 • In order to enable the United Nations to take urgent military measures, members shall hold immediately available national air force contingents for combined international enforcement action. The strength and degree of readiness of these contingents and plans for their combined action shall be determined, within the limits laid down in the special agreement or agreements referred to in Article 43, by the Security Council with the assistance of the Military Staff Committee.
Article 46 • Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee.
Article 47 • 1. There shall be established a Military Staff Committee to advise and assist the Security Council on all questions relating to the Security Council's military requirements for the maintenance of international peace and security, the employment and command offorces placed at its disposal, the regulation of armaments, and possible disarmament.
2. The Military Staff Committees shall consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any member of the United Nations not permanently represented on the committee shall be invited by the committee to be associated with it when the efficient discharge of the committee's responsibilities requires the participation of that member in its work.
3. The Military Staff Committee shall be responsible, under the Security Council, for the strategic direction of any armed forces placed at the disposal of the Security Council. Questions relating to the command of such forces shall be worked out subsequently.
4. The Military Staff Committee, with the authorization of the Security Council and after consultation with appropriate regional agencies, may establish regional subcommittees.
Article 48 • 1. The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the members of the United Nations, or by some of them, as the Security Council may determine.
2. Such decisions shall be carried out by the members of the United Nations directly and through their action in the appropriate international agencies of which they are members.
Article 49 • The members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council.
Article 50 • If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of those measures shall have the right to consult the Security Council with regard to a solution of those problems.
Article 51 • Nothing in the present Charter shall impair the inherent right of individual or collective self-defense, if an armed attack occurs against a member of the organization, until the Security Council has taken the measures necessary to maintain international peace and security. Measures taken by members in the exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it may deem necessary in order to maintain or restore international peace and security.CHAPTER IX
International Economic and Social Cooperation
Article 55 • With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote:
(a) higher standards of living, full employment, and conditions of economic and social progress and development;
(b) solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and
(c) universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion.
Article 56 • All Members pledge themselves to take joint and separate action in cooperation with the Organization for the achievement of the purposes set forth in Article 55.
Article 60 • Responsibility for the discharge of the organization's functions set forth in this chapter shall be vested in the General Assembly and, under the authority of the General Assembly, in the Economic and Social Council, which shall have for this purpose the powers set forth in Chapter X.CHAPTER X
Economic and Social Council Composition
Article 61 • 1. The Economic and Social Council shall consist of eighteen members of the United Nations elected by the General Assembly.Functions and Powers
Article 62 • 1. The Economic and Social Council may make or initiate studies and reports with respect to international economic, social, cultural, educational, health, and related matters and may make recommendations with respect to any such matters to the General Assembly, to the members of the United Nations, and to the specialized agencies concerned.
2. It may make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all.
3. It may prepare draft conventions for submission to the General Assembly, with respect to matters falling within its competence.
4. It may call, in accordance with the rules prescribed by the United Nations, international conferences on matters falling within its competence.Procedure
Article 71 • The Economic and Social Council may make suitable arrangements for consultation with nongovernmental organizations which are concerned with matters within its competence. Such arrangements may be made with international organizations, and, where appropriate, with national organizations after consultation with the member of the United Nations concerned.CHAPTER XIV
The International Court of Justice
Article 92 • The International Court of Justice shall be the principle judicial organ of the United Nations. It shall function in accordance with the annexed statute, which is based upon the statute of the Permanent Court of International Justice and forms an integral part of the present chapter.
Article 93 • 1. All members of the United Nations are ipso facto parties to the statute of the International Court of Justice.
Article 94 • 1. Each member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party.
2. If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment.CHAPTER XV
Article 97 • There shall be a secretariat comprising a secretary general and such staff as the organization may require. The secretary general shall be appointed by the General Assembly on the recommendation of the Security Council. He shall be the chief administrative officer of the organization.
Article 100 • 1. In the performance of their duties the secretary general and the staff shall not seek or receive instructions from any Government or from any other authority external to the organization. They shall refrain from any action which might reflect on their position as international officials responsible only to the organization.CHAPTER XVI
Article 104 • The organization shall enjoy in the territory of each of its members such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes.
Article 105 • 1. The organization shall enjoy in the territory of each of its members such privileges and immunities as are necessary for the fulfillment of its purposes.