The United Nations Charter

HOMO homini lupus – man is mankind’s wolf. Claim put forward by Maccius Plautus in Asinaria of 195 BC.

  • War or organized violence

The United Nations

Preamble : To ‘save succeeding generations from the scourge of war

Emphasis on the maintenance of international peace and security through 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

  • Article 24 UN Security Council
  • Article 25
  • Article 2(6)

UN “claims objective legal personality, claiming full universality, at least where matters of peace or war are concerned.” (Weller, 13)

The Substantive Obligations under the United Nations Charter

Article 2(3) of the UN Charter :

Article 2 (4) of the UN Charter :

[a]ll members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.

  • regarded now as a principle of customary international law
  • such is binding upon ALL States
    • – Skubiszewski; L. Henkin, R.C. Pugh, O. Schachter and H. Smit; St Paul; Cot and Simma

Article 2 (6) of the UN Charter :

UN ‘shall ensure that states which are not members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.’

elaborated as a principle of international law in 1970 Declaration on Principles of International Law Concerning Friendly Relations

  1. Wars of Aggression : constitute a crime against peace for which there is responsibility under international law
  2. States must NOT threaten or use force to violate existing international frontiers (including demarcation or armistice lines) or to solve international disputes.
  3. States are under a duty to refrain from acts of reprisal involving the use of force.
  4. States must not use force to deprive peoples of their right to self-determination and independence.
  5. States must refrain from organising, instigating, assisting or participating in acts of civil strife or terrorist acts in another state and must not encourage the formation of armed bands for incursion into another state’s territory.
  • 1970 Declaration on Principles of International Law is NOT of itself a binding legal document, it is important as an interpretation of the relevant Chapter provisions.
  • Exceptions to banned “Use of Force” :
    • Collective Measures taken by UN
    • Right to Self Defence
    • Humanitarian Intervention ( controversial )

 

  • Article 2 (6) of UN Charter : addressed to “All States,” NOT “Member States” only
    • UN Council Resolution 757 (1992) adopted under Chapter VII of the UN Charter is another example

Article 33 of the UN Charter

states must settle their disputes peacefully, listin gthe principle tools available towards that end

 

Ban on Use of Force in the UN Charter

 

 

 

 

[ Back to War and Use of Force by States ]

uls-logo

YONSEI UNDERWOOD LAW SOCIETY “PACTA SUNT SERVANDA”

 

 

img_1852

“Injustice Anywhere is a Threat to Justice Everywhere” – King, Jr.

Joining in 2010, Seungmin is a Founding Member of and Senior Partner at Yonsei ULS.

 

[back]

Advertisements