United Nations (UN) Charter

2,181 views

Published on

Full Charter of the United Nations

Published in: News & Politics, Education
0 Comments
3 Likes
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total views
2,181
On SlideShare
0
From Embeds
0
Number of Embeds
5
Actions
Shares
0
Downloads
71
Comments
0
Likes
3
Embeds 0
No embeds

No notes for slide

United Nations (UN) Charter

  1. 1. CHARTER OF THE UNITED NATIONS AND STATUTE OF THE INTERNATIONAL COURT OF JUSTICE SAN FRANCISCO • 1945
  2. 2. CHARTER OFTHE UNITED NATIONSWE THE PEOPLES OF THE UNITED NATIONSDETERMINED to save succeeding generations from the scourge of war, which twice in our life- time has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in larger freedom,AND FOR THESE ENDS to practice tolerance and live together in peace with one another as good neighbors, and to unite our strength to maintain international peace and security, and to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and to employ international machinery for the promotion of the economic and social advancement of all peoples,HAVE RESOLVED TO COMBINE OUR EFFORTSTO ACCOMPLISH THESE AIMS. Accordingly, our respective Governments, through representatives assembled inthe city of San Francisco, who have exhibited their full powers found to be in goodand due form, have agreed to the present Charter of the United Nations and dohereby establish an international organization to be known as the United Nations.
  3. 3. CHAPTER I disputes by peaceful means in such a manner that PURPOSES AND PRINCIPLES international peace and security, and justice, are not endangered. Article 1 4. All Members shall refrain in their interna- The^Purposes of the United Nations are: tional relations from the threat or use of force 1. To maintain international peace and se- against the territorial integrity or political inde-curity, and to that end: to take effective collec- pendence of any state, or in any other mannertive measures for the prevention and removal of inconsistent with the Purposes of the Unitedthreats to the peace, and for the suppression of Nations.acts of aggression or other breaches of the peace, 5. All Members shall give the United Nationsand to bring about by peaceful means, and in con- every assistance in any action it takes in accord-formity with the principles of justice and inter- ance with the present Charter, and shall refrainnational law, adjustment or settlement of inter- from giving assistance to any state against whichnational disputes or situations which might lead the United Nations is taking preventive or enforce-to a breach of the peace; ment action. 2. To develop friendly relations among nations 6. The Organization shall ensure that statesbased on respect for the principle of equal rights which are not Members of the United Nations actand self-determination of peoples, and to take in accordance with these Principles so far as mayother appropriate measures to strengthen univer- be necessary for the maintenance of internationalsal peace; peace and security. 3. To achieve international cooperation in 7. Nothing contained in the present Chartersolving international problems of an economic, shall authorize the United Nations to intervene in social, cultural, or humanitarian character, and in matters which are essentially within the domesticpromoting and encouraging respect for human jurisdiction of any state or shall require the Mem-rights and for fundamental freedoms for all with- bers to submit such matters to settlement under out distinction as to race, sex, language, or re- the present Charter; but this principle shall notligion; and prejudice the application of enforcement meas- 4. To be a center for harmonizing the actions ures under Chapter VII. of nations in the attainment of these common ends. Article 2 The Organization and its Members, in pursuit CHAPTER IIof the Purposes stated in Article 1, shall act in MEMBERSHIPaccordance with the following Principles. 1. The Organization is based on the principle Article 3of the sovereign equality of all its Members. The original Members of the United Nations 2. All Members, in order to ensure to all of shall be the states which, having participated inthem the rights and benefits resulting from mem- the United Nations Conference on Internationalbership, shall fulfil in good faith the obligations Organization at San Francisco, or having previ-assumed by them in accordance with the present ously signed the Declaration by United NationsCharter. of January 1,1942, sign the present Charter and 3. All Members shall settle their international ratify it in accordance with Article 110.
  4. 4. Article 4 Article 8 1. Membership in the United Nations is open The United Nations shall place no restrictionsto all other peace-loving states which accept the on the eligibility of men and women to participateobligations contained in the present Charter and, in any capacity and under conditions of equalityin the judgment of the Organization, are able and in-its principal and subsidiary organs.willing to carry out these obligations. 2. The admission of any such state to mem-bership in the United Nations will be effected by adecision of the General Assembly upon the recom- CHAPTER IVmendation of the Security Council. THE GENERAL ASSEMBLY Article 5 / Composition A Member of the United Nations against which Article 9preventive or enforcement action has been taken 1. The General Assembly shall consist of allby the Security Council may be suspended from the Members of the United Nations.the exercise of the rights and privileges of mem- 2. Each Member shall have not more than fivebership by the General Assembly upon the recom- representatives in the General Assembly.mendation of the Security Council. The exerciseof these rights and privileges may be restored by Functions and Powersthe Security Council. Article 10 The General Assembly may discuss any ques- Article 6 tions or any matters within the scope of the present A Member of the United Nations which has Charter or relating to the powers and functions ofpersistently violated the Principles contained in any organs provided for in the present Charter,the present Charter may be expelled from the and, except as provided in Article 12, may makeOrganization by the General Assembly upon the recommendations to the Members of the Unitedrecommendation of the Security Council. Nations or to the Security Council or to both on any such questions or matters. Article 11 CHAPTER III 1. The General Assembly may consider the ORGANS general principles of cooperation in the mainte- nance of international peace and security, includ- Article 7 ing the principles governing disarmament and the 1. There are established as the principal or- regulation of armaments, and may make recom-gans of the United Nations: a General Assem- mendations with regard to such principles to thebly, a Security Council, an Economic and Social Members or to the Security Council or to both.Council, a Trusteeship Council, an International 2. The General Assembly may discuss anyCourt of Justice, and a Secretariat. questions relating to the maintenance of inter- 2. Such subsidiary organs as may be found national peace and security brought before it bynecessary may be established in accordance with any Member of the United Nations, or by thethe present Charter. Security Council, or by a state which is not a
  5. 5. Member of the United Nations in accordance with b. promoting international cooperation inArticle 35, paragraph 2, and, except as provided the economic, social, cultural, educational, andin Article 12, may make recommendations with health fields, and assisting in the realization ofregard to any such questions to the state or states human rights and fundamental freedoms forconcerned or to the Security Council or to both. all without distinction as to race, sex, language,Any such question on which action is necessary or religion.shall be referred to the Security Council by the 2. The further responsibilities, functions, andGeneral Assembly either before or after dis- powers of the General Assembly with respect tocussion. matters mentioned in paragraph l(b) above are 3. The General Assembly may call the atten- set forth in Chapters IX and X.tion of the Security Council to situations whichare likely to endanger international peace and Article 14security. Subject to the provisions of Article 12, the 4. The powers of the General Assembly set General Assembly may recommend measures forforth in this Article shall not limit the general the peaceful adjustment of any situation, regard-scope of Article 10. less of origin, which it deems likely to impair the general welfare or friendly relations among na- Article 12 tions, including situations resulting from a viola- 1. While the Security Council is exercising in tion of the provisions of the present Charter settingrespect of any dispute or situation the functions forth the Purposes and Principles of the Unitedassigned to it in the present Charter, the General Nations.Assembly shall not make any recommendation Article 15with regard to that dispute or situation unless the 1. The General Assembly shall receive andSecurity Council so requests. consider annual and special reports from the Se- 2. The Secretary-General, with the consent of curity Council; these reports shall include anthe Security Council, shall notify the General account of the measures that the Security CouncilAssembly at each session of any matters relative has decided upon or taken to maintain interna-to the maintenance of international peace and tional peace and security.security which are being dealt with by the Security 2. The General Assembly shall receive andCouncil and shall similarly notify the General consider reports from the other organs of theAssembly, or the Members of the United Nations United Nations.if the General Assembly is not in session, immedi-ately the Security Council ceases to deal with such Article 16matters. The General Assembly shall perform such functions with respect to the international trus- Article 13 teeship system as are assigned to it under Chap- 1. The General Assembly shall initiate studies ters XII and XIII, including the approval of theand make recommendations for the purpose of : trusteeship agreements for areas not designated a. promoting international cooperation in as strategic. the political field and encouraging the progres- Article 17 sive development of international law and its 1. The General Assembly shall consider and codification; approve the budget of the Organization.
  6. 6. 2. The expenses of the Organization shall be due from it for the preceding two full years. Theborne by the Members as apportioned by the General Assembly may, nevertheless, permit suchGeneral Assembly. a Member to vote if it is satisfied that the failure 3. The General Assembly shall consider and to pay is due to conditions beyond the control ofapprove any financial and budgetary arrange- the Member.ments with specialized agencies referred to inArticle 57 and shall examine the administra- Proceduretive budgets of such specialized agencies with a Article 20view to making recommendations to the agencies The General Assembly shall meet in regularconcerned. annual sessions and in such special sessions as occasion may require. Special sessions shall beVoting convoked by the Secretary-General at the request Article 18 of the Security Council or of a majority of the 1. Each member of the General Assembly Members of the United Nations.shall have one vote. 2. Decisions of the General Assembly on im- Article 21portant questions shall be made by a two-thirds The General Assembly shall adopt its own rulesmajority of the members present and voting. of procedure. It shall elect its President for eachThese questions shall include: recommendations session.with respect to the maintenance of internationalpeace and security, the election of the non-perma- Article 22nent members of the Security Council, the elec- The General Assembly may establish suchtion of the members of the Economic and Social subsidiary organs as it deems necessary for theCouncil, the election of members of the Trustee- performance of its functions.ship Council in accordance with paragraph l(c)of Article 86, the admission of new Members tothe United Nations, the suspension of the rights CHAPTER Vand privileges of membership, the expulsion of THE SECURITY COUNCILMembers, questions relating to the operation ofthe trusteeship system, and budgetary questions. Composition 3. Decisions on other questions, including the Article 23determination of additional categories of ques- 1. The Security Council shall consist of eleventions to be decided by a two-thirds majority, shall Members of the United Nations. The Republicbe made by a majority of the members present of China, France, the Union of Soviet Socialistand voting. Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of Article 19 America shall be permanent members of the A Member of the United Nations which is in Security Council. The General Assembly shallarrears in the payment of its financial contribu- elect six other Members of the United Nations totions to the Organization shall have no vote in be non-permanent members of the Security Coun-the General Assembly if the amount of its arrears cil, due regard being specially paid, in the firstequals or exceeds the amount of the contributions instance to the contribution of Members of the
  7. 7. United Nations to the maintenance of interna- curity Council shall be responsible for formulat-tional peace and security and to the other pur- ing, with the assistance of the Military Staff Com-poses of the Organization, and also to equitable mittee referred to in Article 47, plans to be sub-geographical distribution. mitted to the Members of the United Nations for 2. The non-permanent members of the Se- the establishment of a system for the regulationcurity Council shall be elected for a term of two "of armaments.years. In the first election of the non-permanentmembers, however, three shall be chosen for a Votingterm of one year. A retiring member shall not be Article 27eligible for immediate re-election. 1. Each member of the Security Council shall 3. Each member of the Security Council shall have one vote.have one representative. 2. Decisions of the Security Council on pro- cedural matters shall be made by an affirmativeFunctions and Powers vote of seven members. Article 24 3. Decisions of the Security Council on all 1. In order to ensure prompt and effective other matters shall be made by an affirmative voteaction by the United Nations, its Members confer of seven members including the concurring voteson the Security Council primary responsibility of the permanent members ; provided that, in deci-for the maintenance of international peace and sions under Chapter VI, and under paragraph 3security, and agree that in carrying out its duties of Article 52, a party to a dispute shall abstainunder this responsibility the Security Council acts from voting.on their behalf. 2. In discharging these duties the Security ProcedureCouncil shall act in accordance with the Purposes Articleand Principles of the United Nations. The specific 1. The Security Council shall be so organizedpowers granted to the Security Council for the as to be able to function continuously. Eachdischarge of these duties are laid down in Chapters member of the Security Council shall for this pur-VI, VII, VIII, and XII. pose be represented at all times at the seat of the 3. The Security Council shall submit annual Organization.and, when necessary, special reports to the Gen- 2. The Security Council shall hold periodiceral Assembly for its consideration. meetings at which each of its members may, if it so desires, be represented by a member of the Article 25 government or by some other specially designated The Members of the United Nations agree to representative.accept and carry out the decisions of the Security 3. The Security Council may hold meetings atCouncil in accordance with the present Charter. such places other than the seat of the Organization as in its judgment will best facilitate its work. Article 26 In order to promote the establishment and Article 29maintenance of international peace and security The Security Council may establish such sub-with the least diversion for armaments of the sidiary organs as it deems necessary for the per-worlds human and economic resources, the Se- formance of its functions.
  8. 8. Article 30 national friction or give rise to a dispute, in order The Security Council shall adopt its own rules to determine whether the continuance of the dis-of procedure, including the method of selecting pute or situation is likely to endanger the main-its President. tenance of international peace and security. Article 31 Any Member of the United Nations which is not Article 35a member of the Security Council may participate, 1. Any Member of the United Nations maywithout vote, in the discussion of any question bring any dispute, or any situation of the naturebrought before the Security Council whenever the referred to in Article 34, to the attention of thelatter considers that the interests of that Member Security Council or of the General Assembly.are specially affected. 2. A state which is not a Member of the United Nations may bring to the attention of the Security Article 32 Council or of the General Assembly any dispute Any Member of the United Nations which is to which it is a party if it accepts in advance, fornot a member of the Security Council or any state the purposes of the dispute, the obligations ofwhich is not a Member of the United Nations, if pacific settlement provided in the present Charter.it is a party to a dispute under consideration by 3. The proceedings of the General Assemblythe Security Council, shall be invited to partici- in respect of matters brought to its attention underpate, without vote, in the discussion relating to this Article will be subject to the provisions ofthe dispute. The Security Council shall lay down Articles 11 and 12.such conditions as it deems just for the participa-tion, of a state which is not a Member of the United Article 36Nations. 1. The Security Council may, at any stage of a dispute of the nature referred to in Article 33 CHAPTER VI or of a situation of like nature, recommend appro- PACIFIC SETTLEMENT OF DISPUTES priate procedures or methods of adjustment. 2. The Security Council should take into con- Article 33 sideration any procedures for the settlement of 1. The parties to any dispute, the continuance the dispute which have already been adopted byof which is likely to endanger the maintenance of the parties.international peace and security, shall, first of all, 3. In making recommendations under this Ar-seek a solution by negotiation, enquiry, mediation, ticle the Security Council should also take intoconciliation, arbitration, judicial settlement, re- consideration that legal disputes should as a gen-sort to regional agencies or arrangements, or other eral rule be referred by the parties to the Interna-peaceful means of their own choice. tional Court of Justice in accordance with the 2. The Security Council shall, when it deems provisions of the Statute of the Court.necessary, call upon the parties to settle theirdispute by such means. Article 37 1. Should the parties to a dispute of the nature Article 34 referred to in Article 33 fail to settle it by the The Security Council may investigate any dis- means indicated in that Article, they shall refer it pute, or any situation which might lead to inter- to the Security Council. 8
  9. 9. 2. If the Security Council deems that the con- employed to give effect to its decisions, and it maytinuance of the dispute is in fact likely to endanger call upon the Members of the United Nations tothe maintenance of international peace and se- apply such measures. These may include com-curity, it shall decide whether to take action under plete or partial interruption of economic relationsArticle 36 or to recommend such terms of settle- and of rail, sea, air, postal, telegraphic, radio,ment as it may consider appropriate. and other means of communication, and the sev- erance of diplomatic relations. Article 38 Without prejudice to the provisions of Articles Article 4233 to 37, the Security Council may, if all the par- Should the Security Council consider that meas-ties to any dispute so request, make recommenda- ures provided for in Article 41 would be inade-tions to the parties with a view to a pacific settle- quate or have proved to be inadequate, it may takement of the dispute. such action by air, sea, or land forces as may be necessary to maintain or restore international CHAPTER W peace and security. Such action may include demonstrations, blockade, and other operationsACTION WITH RESPECT TO THREATS TO by air, sea, or land forces of Members of the United THE PEACE, BREACHES OF THE PEACE, Nations. AND ACTS OF AGGRESSION Article 43 Article 39 1. All Members of the United Nations, in order The Security Council shall determine the exist- to contribute to the maintenance of internationalence of any threat to the peace, breach of the peace and security, undertake to make availablepeace, or act of aggression and shall make recom- to the Security Council, on its call and in accord-mendations, or decide what measures shall be ance with a special agreement or agreements,taken in accordance with Articles 41 and 42, to armed forces, assistance, and facilities, includingmaintain or restore international peace and se- rights of passage, necessary for the purpose ofcurity. maintaining international peace and security. Article 40 2. Such agreement or agreements shall govern In order to prevent an aggravation of the situa- the numbers and types of forces, their degree oftion, the Security Council may, before making the readiness and general location, and the nature ofrecommendations or deciding upon the measures the facilities and assistance to be provided.provided for in Article 39, call upon the parties 3. The agreement or agreements shall be ne-concerned to comply with such provisional meas- gotiated as soon as possible on the initiative of theures as it deems necessary or desirable. Such pro- Security Council. They shall be concluded be-visional measures shall be without prejudice to the tween the Security Council and Members or be-rights, claims, or position of the parties concerned. tween the Security Council and groups of Members The Security Council shall duly take account of and shall be subject to ratification by the signatory failure to comply with such provisional measures. states in accordance with their respective constitu- tional processes. . Article 41 Article 44 The Security Council may decide what meas- When the Security Council has decided to use ures not involving the use of armed force are to be force it shall, before calling upon a Member not
  10. 10. represented on it to provide armed forces in ful- 3. The Military Staff Committee shall be re-filhnent of the obligations assumed under Article sponsible under the Security Council for the43, invite that Member, if the Member so desires, strategic direction of any armed forces placed atto participate in the decisions of the Security the disposal of the Security Council. QuestionsCouncil concerning the employment of contin- relating to the command of such forces shall begents of that Members armed forces. worked out subsequently. 4. The Military Staff Committee, with the Article 45 authorization of the Security Council and after In order to enable the United Nations to take consultation with appropriate regional agencies,urgent military measures, Members shall hold may establish regional subcommittees.immediately available national air-force contin-gents for combined international enforcement ac- Article 48tion. The strength and degree of readiness of these 1. The action required to carry out the deci-contingents and plans for their combined action sions of the Security Council for the mainte-shall be determined, within the limits laid down in nance of international peace and security shall bethe special agreement or agreements referred to taken by all the Members of the United Nationsin Article 43, by the Security Council with the or by some of them, as the Security Council mayassistance of the Military Staff Committee. determine. 2. Such decisions shall be carried out by the Article 46 Members of the United Nations directly and Plans for the application of armed force shall through their action in the appropriate interna-be made by the Security Council with the assist- tional agencies of which they are members.ance of the Military Staff Committee. Article 49 Article 47 The Members of the United Nations shall join 1. There shall be established a Military Staff in affording mutual assistance in carrying out theCommittee to advise and assist the Security measures decided upon by the Security Council.Council on all questions relating to the SecurityCouncils military requirements for the mainte- Article 50nance of international peace and security, the em- If preventive or enforcement measures againstployment and command of forces placed at its any state are taken by the Security Council, anydisposal, the regulation of armaments, and pos- other state, whether a Member of the Unitedsible disarmament. Nations or not, which finds itself confronted with 2. The Military Staff Committee shall consist special economic problems arising from the carry-of the Chiefs of Staff of the permanent members ing out of those measures shall have the right toof the Security Council or their representatives. consult the Security Council with regard to a solu-Any Member of the United Nations not perma- tion of those problems.nently represented on the Committee shall be in-vited by the Committee to be associated with it Article 51when the efficient discharge of the Committees Nothing in the present Charter shall impair theresponsibilities requires the participation of that inherent right of individual or collective self-Member in its work. defense if an armed attack occurs against a Mem- 10
  11. 11. represented on it to provide armed forces in ful- 3. The Military Staff Committee shall be re-fillment of the obligations assumed under Article sponsible under the Security Council for the43, invite that Member, if the Member so desires, strategic direction of any armed forces placed atto participate in the decisions of the Security the disposal of the Security Council. QuestionsCouncil concerning the employment of contin- relating to the command of such forces shall begents of that Members armed forces. worked out subsequently. 4. The Military Staff Committee, with the Article 45 authorization of the Security Council and after In order to enable the United Nations to take consultation with appropriate regional agencies,urgent military measures, Members shall hold may establish regional subcommittees.immediately available national air-force contin-gents for combined international enforcement ac- Article 48tion. The strength and degree of readiness of these 1. The action required to carry out the deci-contingents and plans for their combined action sions of the Security Council for the mainte-shall be determined, within the limits laid down in nance of international peace and security shall bethe special agreement or agreements referred to taken by all the Members of the United Nationsin Article 43, by the Security Council with the or by some of them, as the Security Council mayassistance of the Military Staff Committee. determine. 2. Such decisions shall be carried out by the Article 46 Members of the United Nations directly and Plans for the application of armed force shall through their action in the appropriate interna-be made by the Security Council with the assist- tional agencies of which they are members.ance of the Military Staff Committee. Article 49 Article 47 The Members of the United Nations shall join 1. There shall be established a Military Staff in affording mutual assistance in carrying out theCommittee to advise and assist the Security measures decided upon by the Security Council.Council on all questions relating to the SecurityCouncils military requirements for the mainte- Article 50nance of international peace and security, the em- If preventive or enforcement measures againstployment and command of forces placed at its any state are taken by the Security Council, anydisposal, the regulation of armaments, and pos- other state, whether a Member of the Unitedsible disarmament. Nations or not, which finds itself confronted with 2. The Military Staff Committee shall consist special economic problems arising from the carry-of the Chiefs of Staff of the permanent members ing out of those measures shall have the right toof the Security Council or their representatives. consult the Security Council with regard to a solu-Any Member of the United Nations not perma- tion of those problems.nently represented on the Committee shall be in-vited by the Committee to be associated with it Article 51when the efficient discharge of the Committees Nothing in the present Charter shall impair theresponsibilities requires the participation of that inherent right of individual or collective self-Member in its work. defense if an armed attack occurs against a Mem- 10
  12. 12. her of the United Nations, until the Security Coun- agencies for enforcement action Under its author-cil has taken the measures necessary to maintain ity. But no enforcement action shall be takeninternational peace and security. Measures taken under regional arrangements or by regional agen-by Members in the exercise of this right of self- cies without the authorization of the Securitydefense shall be immediately reported to the Se- Council* with the exception of measures againstcurity Council and shall not in any way affect the any enemy state, as defined in paragraph 2 ofauthority and responsibility of the Security Coun- this Article, provided for pursuant to Articlecil under the present Charter to take at any time 107 or in regional arrangements directed againstsuch action as it deems necessary in order to main- renewal of aggressive policy on the part of anytain or restore international peace and security. such state, until such time as the Organization may, on request of the Governments concerned, be charged with the responsibility for preventing CHAPTER VIII further aggression by such a state. REGIONAL ARRANGEMENTS 2. The term enemy state as used in paragraph 1 of this Article applies to any state which during Article 52 the Second World War has been an enemy of any 1. Nothing in the present Charter precludes signatory of the present Charter.the existence of regional arrangements or agen-cies for dealing with such matters relating to the Article 54maintenance of international peace and security The Security Council shall at all times be keptas are appropriate for regional action, provided fully informed of activities undertaken or in con-that such arrangements or agencies and their ac- templation under regional arrangements or bytivities are consistent with the Purposes and Prin- regional agencies for the maintenance of inter-ciples of the United Nations. national peace and security. 2. The Members of the United Nations enter-ing into such arrangements or constituting suchagencies shall make every effort to achieve pacific CHAPTER IXsettlement of local disputes through such re- INTERNATIONAL ECONOMIC ANDgional arrangements or by such regional agencies SOCIAL COOPERATIONbefore referring them to the Security Council. 3. The Security Council shall encourage the Article 55development of pacific settlement of local dis- With a view to the creation of conditions ofputes through such regional arrangements or by stability and well-being which are necessary forsuch regional agencies either on the initiative of peaceful and friendly relations among nationsthe states concerned or by reference from the based on respect for the principle of equal rightsSecurity Council. and self-determination of peoples, the United 4. This Article in no way impairs the applica- Nations shall promote:tion of .Articles 34 and 35. a. higher standards of living, full employ- ment, and conditions of economic and social Article 53 progress and development; 1. The Security Council shall, where appro- b. solutions of international economic, so-priate, utilize such regional arrangements or cial, health, and related problems; and inter- 11
  13. 13. national cultural and educational cooperation; the Economic and Social Council, which shall and have for this purpose the powers set forth in c. universal respect for, and observance of, Chapter X. human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. CHAPTER X Article 56 THE ECONOMIC AND SOCIAL COUNCIL All Members pledge themselves to take jointand separate action in cooperation with the Or- Compositionganization for the achievement of the purposes set Article 61forth in Article 55. 1. The Economic and Social Council shall con- sist of eighteen Members of the United Nations Article 57 elected by the General Assembly. 1. The various specialized agencies, estab- 2. Subject to the provisions of paragraph 3,lished by intergovernmental agreement and hav- six members of the Economic and Social Counciling wide international responsibilities, as defined shall be elected each year for a term of three years.in their basic instruments, in economic, social, A retiring member shall be eligible for immediatecultural, educational, health, and related fields, re-election.shall be brought into relationship with the United 3. At the first election, eighteen members ofNations in accordance with the provisions of the Economic and Social Council shall be chosen.Article 63. The term of office of six members so chosen shall 2. Such agencies thus brought into relation- expire at the end of one year, and of six othership with the United Nations are hereinafter re- members at the end of two years, in accordanceferred to as specialized agencies. with arrangements made by the General Assembly. 4. Each member of the Economic and Social Article 58 Council shall have one representative. The Organization shall make recommendationsfor the coordination of the policies and activities Functions and Powersof the specialized agencies. Article 62 1. The Economic and Social Council may make Article 59 or initiate studies and reports with respect to inter- The Organization shall, where appropriate, national economic, social, cultural, educational,initiate negotiations among the states concerned health, and related matters and may make recom-for the creation of any new specialized agencies mendations with respect to any such matters to therequired for the accomplishment of the purposes General Assembly, to the Members of the Unitedset forth in Article 55. Nations, and to the specialized agencies concerned. 2. It may make recommendations for the pur- Article 60 pose of promoting respect for, and observance of, Responsibility for the discharge of the func- human rights and fundamental freedoms for all.tions of the Organization set forth in this Chap- 3. It may prepare draft conventions for sub-ter shall be vested in the General Assembly and, mission to the General Assembly, with respect tounder the authority of the General Assembly, in matters falling within its competence. 12
  14. 14. 4. It may call, in accordance with the rules Assembly, perform services at the request ofprescribed by the United Nations, international Members of the United Nations and at the requestconferences on matters falling within its com- of specialized agencies.petence. 3. It shall perform such other functions as are Article 63 specified elsewhere in the present Charter or as 1. The Economic and Social Council may en- may be assigned to it by the General Assembly.ter into agreements with any of the agencies re-ferred to in Article 57, defining the terms on Votingwhich the agency concerned shall be brought into Article 67relationship with the United Nations. Such agree- 1. Each member of the Economic and Socialments shall be subject to approval by the Gen- Council shall have one vote.eral Assembly. 2. Decisions of the Economic and Social Coun- 2. It may coordinate the activities of the spe- cil shall be made by a majority of the memberscialized agencies through consultation with and present and voting.recommendations to such agencies and throughrecommendations to the General Assembly and to Procedurethe Members of the United Nations. Article 68 The Economic and Social Council shall set up Article 64 commissions in economic and social fields and for 1. The Economic and Social Council may the promotion of human rights, and such othertake appropriate steps to obtain regular reports commissions as may be required for the perform-from the specialized agencies. It may make ar- ance of its functions.rangements with the Members of the UnitedNations and with the specialized agencies to obtain Article 69reports on the steps taken to give effect to its own The Economic and Social Council shall inviterecommendations and to recommendations on any Member of the United Nations to participate,matters falling within its competence made by without vote, in its deliberations on any matterthe General Assembly. of particular concern to that Member. 2. It may communicate its observations onthese reports to the General Assembly. Article 70 The Economic and Social Council may make Article 65 arrangements for representatives of the special- The Economic and Social Council may furnish ized agencies to participate, without vote, in itsinformation to the Security Council and shall deliberations and in those of the commissionsassist the Security Council upon its request. established by it, and for its representatives to participate in the deliberations of the specialized Article 66 agencies. 1. The Economic and Social Council shall per- Article 71form such functions as fall within its competence The Economic and Social Council may makein connection with the carrying out of the recom- suitable arrangements for consultation with non-mendations of the General Assembly. governmental organizations which are concerned 2. It may, with the approval of the General with matters within its competence. Such arrange- 13
  15. 15. ments may be made with international organiza- c. to further international peace and se-tions and, where appropriate, with national or- curity;ganizations after consultation with the Member d. to promote constructive measures of de-of the United Nations concerned. velopment, to encourage research, and to co- operate with one another and, when and where Article 72 appropriate, with specialized international bod- 1. The Economic and Social Council shall ies with a view to the practical achievement ofadopt its own rules of procedure, including the the social, economic, and scientific purposesmethod of selecting its President. set forth in this Article; and 2. The Economic and Social Council shall meet e. to transmit regularly to the Secretary-as required in accordance with its rules, which General for information purposes, subject toshall include provision for the convening of meet- such limitation as security and constitutionalings on the request of a majority of its members. considerations may require, statistical and other information of a technical nature relating to CHAPTER XI economic, social, and educational conditions in DECLARATION REGARDING the territories for which they are respectively NON-SELF-GOVERNING TERRITORIES responsible other than those territories to which Chapters XII and XIII apply. Article 73 Members of the United Nations which have or Article 74assume responsibilities for the administration of Members of the United Nations also agree thatterritories whose peoples have not yet attained their policy in respect of the territories to whicha full measure of self-government recognize the this Chapter applies, no less than in respect of theirprinciple that the interests of the inhabitants of metropolitan areas, must be based on the generalthese territories are paramount, and accept as a principle of good-neighborliness, due account be-sacred trust the obligation to promote to the ut- ing taken of the interests and well-being of the restmost, within the system of international peace and of the world, in social, economic, and commercialsecurity established by the present Charter, the matters.well-being of the inhabitants of these territories,and, to this end: CHAPTER XII a. to ensure, with due respect for the cul- INTERNATIONAL TRUSTEESHIP SYSTEM ture of the peoples concerned, their political, economic, social, and educational advance- Article 75 ment, their just treatment, and their protection The United Nations shall establish under its against abuses; authority an international trusteeship system for b. to develop self-government, to take due the administration and supervision of such terri- account of the political aspirations of the tories as may be placed thereunder by subsequent peoples, and to assist them in the progressive individual agreements. These territories are development of their free political institutions, hereinafter referred to as trust territories. according to the particular circumstances of each territory and its peoples and their varying Article 76 i stages of advancement; The basic objectives of the trusteeship system, 14
  16. 16. in accordance with the Purposes of the United will be brought under the trusteeship system andNations laid down in Article 1 of the present Char- upon what terms.ter, shall be: a. to further international peace and se- Article 78 curity; The trusteeship system shall not apply to terri- b. to promote the political, economic, social, tories which have become Members of the United and educational advancement of the inhabitants Nations, relationship among which shall be based of the trust territories, and their progressive on respect for the principle of sovereign equality. development towards self-government or inde- pendence as may be appropriate to the par- Article 79 ticular circumstances of each territory and its The terms of trusteeship for each territory to peoples and the freely expressed wishes of the be placed under the trusteeship system, including peoples concerned, and as may be provided by any alteration or amendment, shall be agreed upon the terms of each trusteeship agreement; by the states directly concerned, including the c. to encourage respect for human rights mandatory power in the case of territories held and for fundamental freedoms for all without under mandate by a Member of the United Na- distinction as to race, sex, language, or religion, tions, and shall be approved as provided for in and to encourage recognition of the interde- Articles 83 and 85. pendence of the peoples of the world; and d. to ensure equal treatment in social, eco- Article 80 nomic, and commercial matters for all Members 1. Except as may be agreed upon in individual of the United Nations and their nationals, and trusteeship agreements, made under Articles 77, also equal treatment for the latter in the ad- 79, and 81, placing each territory under the trus- ministration of justice, without prejudice to the teeship system, and until such agreements have attainment of the foregoing objectives and sub- been concluded, nothing in this Chapter shall be ject to the provisions of Article 80. construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments Article 77 to which Members of the United Nations may re- 1. The trusteeship system shall apply to spectively be parties.such territories in the following categories as may 2. Paragraph 1 of this Article shall not be in-be placed thereunder by means of trusteeship terpreted as giving grounds for delay or postpone-agreements: ment of the negotiation and conclusion of agree- a. territories now held under mandate; ments for placing mandated and other territories b. territories which may be detached from under the trusteeship system as provided for in enemy states as a result of the Second World Article 77. War; and Article 81 c. territories voluntarily placed under the The trusteeship agreement shall in each case system by states responsible for their admin- include the terms under which the trust territory istration. will be administered and designate the authority 2. It will be a matter for subsequent agreement which will exercise the administration of the trustas to which territories in the foregoing categories territory. Such authority, hereinafter called the 15
  17. 17. administering authority, may be one or more regard to trusteeship agreements for all areas notstates or the Organization itself. designated as strategic, including the approval of the terms of the trusteeship agreements and of Article 82 , their alteration or amendment, shall be exercised There may be designated, in any trusteeship by the General Assembly.agreement, a strategic area or areas which may 2. The Trusteeship Council, operating underinclude part or all of the trust territory to which the authority of the General Assembly, shall assistthe agreement applies, without prejudice to any the General Assembly in carrying out thesespecial agreement or agreements made under functions.Article 43. Article 83 1. All functions of the United Nations relating CHAPTER XIIIto strategic areas, including the approval of the THE TRUSTEESHIP COUNCILterms of the trusteeship agreements and of theiralteration or amendment, shall be exercised by the CompositionSecurity Council. Article 86 2. The basic objectives set forth in Article 76 1. The Trusteeship Council shall consist ofshall be applicable to the people of each strategic the following Members of the United Nations:area. a. those Members administering trust ter- 3. The Security Council shall, subject to the ritories;provisions of the trusteeship agreements and with- b. such of those Members mentioned byout prejudice to security considerations, avail name in Article 23 as are not administering itself of the assistance of the Trusteeship Council trust territories; and to perform those functions of the United Nations c. as many other Members elected for three- under the trusteeship system relating to political, year terms by the General Assembly as may be economic, social, and educational matters in the necessary to ensure that the total number of strategic areas. members of the Trusteeship Council is equally divided between those Members of the United Article 84 Nations which administer trust territories and It shall be the duty of the administering author- those which do not.ity to ensure that the trust territory shall play its 2. Each member of the Trusteeship Councilpart in the maintenance of international peace and shall designate one specially qualified person tosecurity. To this end the administering authority represent it therein.may make use of volunteer forces, facilities, andassistance from the trust territory in carrying out Functions and Powersthe obligations towards the Security Council un-dertaken in this regard by the administering au- Article 87thority, as well as for local defense and the main- The General Assembly and, under its author-tenance of law and order within the trust territory. ity, the Trusteeship Council, in carrying out their functions, may: Article 85 a. consider reports submitted by the admin- 1. The functions of the United Nations with istering authority; 16
  18. 18. b. accept petitions and examine them in CHAPTER XIV consultation with the administering authority; THE INTERNATIONAL COURT c. provide for periodic visits to the respec- OF JUSTICE tive trust territories at times agreed upon with the administering authority; and Article 92 d. take these and other actions in conformity The International Court of Justice shall be the with the terms of the trusteeship agreements. principal judicial organ of the United Nations. It shall function in accordance with the annexed Article 88 Statute, which is based upon the Statute of the The Trusteeship Council shall formulate a Permanent Court of International Justice andquestionnaire on the political, economic, social, forms an integral part of the present Charter.and educational advancement of the inhabitantsof each trust territory, and the administering Article 93authority for each trust territory within the com- 1. All Members of the United Nations are ipsopetence of the General Assembly shall make an facto parties to the Statute of the Internationalannual report to the General Assembly upon the Court of Justice.basis of such questionnaire. 2. A state which is not a Member of the United Nations may become a party to the Statute ofVoting the International Court of Justice on conditions Article 89 to be determined in each case by the General 1. Each member of the Trusteeship Council Assembly upon the recommendation of the Secu-shall have one vote. rity Council. 2. Decisions of the Trusteeship Council shallbe made by a majority of the members present and Article 94voting. 1. Each Member of the United Nations under- takes to comply with the decision of the Inter-Procedure national Court of Justice in any case to which it is Article 90 a party. 1. The Trusteeship Council shall adopt its own 2. If any party to a case fails to perform therules of procedure, including the method of select- obligations incumbent upon it under a judgmenting its President. rendered by the Court, the other party may have 2. The Trusteeship Council shall meet as re- recourse to the Security Council, which may, if itquired in accordance with its rules, which shall deems necessary, make recommendations or de-include provision for the convening of meetings cide upon measures to be taken to give effect toon the request of a majority of its members. the judgment. Article 91 Article 95 The Trusteeship Council shall, when appropri- Nothing in the present Charter shall preventate, avail itself of the assistance of the Economic Members of the United Nations from entrustingand Social Council and of the specialized agencies the solution of their differences to other tribunalsin regard to matters with which they are respec- by virtue of agreements already in existence ortively concerned. which may be concluded in the future. 17
  19. 19. Article 96 tary-General and the staff shall not seek or receive 1. The General Assembly or the Security instructions from any government or from anyCouncil may request the International Court of other authority external to the Organization.Justice to give an advisory opinion on any legal They shall refrain from any action which mightquestion. reflect on their position as international officials 2. Other organs of the United Nations and responsible only to the Organization.specialized agencies, which may at any time be 2. Each Member of the United Nations under-so authorized by the General Assembly, may also takes to respect the exclusively internationalrequest advisory opinions of the Court on legal character of the responsibilities of the Secretary-questions arising within the scope of their activ- General and the staff and not to seek to influenceities. them in the discharge of their responsibilities. Article 101 CHAPTER XV 1. The staff shall be appointed by the Secre- THE SECRETARIAT tary-General under regulations established by the General Assembly. Article 97 2. Appropriate staffs shall be permanently The Secretariat shall comprise a Secretary- assigned to the Economic and Social Council, theGeneral and such staff as the Organization may Trusteeship Council, and, as required, to otherrequire. The Secretary-General shall be ap- organs of the United Nations. These staffs shallpointed by the General Assembly upon the recom- form a part of the Secretariat.mendation of the Security Council. He shall be 3. The paramount consideration in the em-the chief administrative officer of the Organization. ployment of the staff and in the determination of the conditions of service shall be the necessity of Article 98 securing the highest standards of efficiency, com- The Secretary-General shall act in that capacity petence, and integrity. Due regard shall be paidin all meetings of the General Assembly, of the to the importance of recruiting the staff on as wideSecurity Council, of the Economic and Social a geographical basis as possible.Council, and of the Trusteeship Council, and shallperform such other functions as are entrusted tohim by these organs. The Secretary-General shall CHAPTER XVImake an annual report to the General Assembly MISCELLANEOUS PROVISIONSon the work of the Organization. Article 102 Article 99 1. Every treaty and every international agree- The Secretary-General may bring to the atten- ment entered into by any Member of the Unitedtion of the Security Council any matter which in Nations after the present Charter comes into forcehis opinion may threaten the maintenance of in- shall as soon as possible be registered with theternational peace and security. Secretariat and published by it. 2. No party to any such treaty or international Article 100 agreement which has not been registered in ac- 1. In the performance of their duties the Secre- cordance with the provisions of paragraph 1 of 18
  20. 20. this Article may invoke that treaty or agreement the exercise of its responsibilities under Articlebefore any organ of the United Nations. 42, the parties to the Four-Nation Declaration, signed at Moscow, October 30,1943, and France, Article 103 shall, in accordance with the provisions of para- In the event of a conflict between the obligations graph 5 of that Declaration, consult with one an-of the Members of the United Nations under the other and as occasion requires with other Memberspresent Charter and their obligations under any of the United Nations with a view to such jointother international agreement, their obligations action on behalf of the Organization as may beunder the present Charter shall prevail. necessary for the purpose of maintaining inter- national peace and security. Article 104 The Organization shall enjoy in the territory of Article 107each of its Members such legal capacity as may be Nothing in the present Charter shall invalidatenecessary for the exercise of its functions and the or preclude action, in relation to any state whichfulfillment of its purposes. during the Second World War has been an enemy of any signatory to the present Charter, taken or Article 105 authorized as a result of that war by the Govern- 1. The Organization shall enjoy in the territory ments having responsibility for such action.of each of its Members such privileges and im-munities as are necessary for the fulfillment of itspurposes. CHAPTER XVIII 2. Representatives of the Members of the AMENDMENTSUnited Nations and officials of the Organizationshall similarly enjoy such privileges and immuni- Article 108ties as are necessary for the independent exercise Amendments to the present Charter shall comeof their functions in connection with the Organi- into force for all Members of the United Nationszation. when they have been adopted by a vote of two 3. The General Assembly may make recom- thirds of the members of the General Assemblymendations with a view to determining the details and ratified in accordance with their respectiveof the application of paragraphs 1 and 2 of this constitutional processes by two thirds of the Mem-Airticle or may propose conventions to the Mem- bers of the United Nations, including all the per-bers of the United Nations for this purpose. manent members of the Security Council. Article 109 CHAPTER XVH 1. A General Conference of the Members of TRANSITIONAL SECURITY the United Nations for the purpose of reviewing ARRANGEMENTS the present Charter may be held at a date and place to be fixed by a two-thirds vote of the mem- Article 106 bers of the General Assembly and by a vote of any Pending the coming into force of such special seven members of the Security Council. Eachagreements referred to in Article 43 as in the Member of the United Nations shall have one voteopinion of the Security Council enable it to begin in the conference. 19
  21. 21. 2. Any alteration of the present Charter rec- 3. The present Charter shall come into forceommended by a two-thirds vote of the conference upon the deposit of ratifications by the Republicshall take effect when ratified in accordance with of China, France, the Union of Soviet Socialisttheir respective constitutional processes by two Republics, the United Kingdom of Great Britainthirds of the Members of the United Nations in- and Northern Ireland, and the United States ofcluding all the permanent members of the Security America, and by a majority of the other signatoryCouncil. . states. A protocol of the ratifications deposited 3. If such a conference has not been held be- shall thereupon be drawn up by the Governmentfore the tenth annual session of the General As- of the United States of America which shall com-sembly following the coming into force of the pres- municate copies thereof to all the signatory states.ent Charter, the proposal to call such a conference 4. The states signatory to the present Chartershall be placed on the agenda of that session of the which ratify it after it has come into force will be-General Assembly, and the conference shall be come original Members of the United Nations onheld if so decided by a majority vote of the mem- the date of the deposit of their respective ratifi- bers of the General Assembly and by a vote of any cations. seven members of the Security Council. Article HI The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are CHAPTER XIX equally authentic, shall remain deposited in the RATIFICATION AND SIGNATURE archives of the Government of the United States of America. Duly certified copies thereof shall be Article 110 transmitted by that Government to the Govern- 1. The present Charter shall be ratified by the ments of the other signatory states.signatory states in accordance with their respec-tive constitutional processes. / IN FAITH WHEREOF the representatives of the 2. The ratifications shall be deposited with the Governments of the United Nations have signedGovernment of the United States of America, the present Charter.which shall notify all the signatory states of each DONE at the city of San Francisco the twenty-deposit as well as the Secretary-General of the sixth day of June, one thousand nine hundred andOrganization when he has been appointed. forty-five. 20
  22. 22. STATUTE OF THE INTERNATIONAL COURT OF JUSTICE Article 1 those prescribed for members of the Permanent INTERNATIONAL COURT OF JUSTICE estab- Courkof Arbitration by Article 44 of the Conven- lished by the Charter of the United Nations as tion of The Hague of 1907 for the pacific settle-the principal judicial organ of the United Nations ment of international disputes.shall be constituted and shall function in accord- 3. The conditions under which a state whichance with the provisions of the present Statute. is a party to the present Statute but is not a Mem- ber of the United Nations may participate in elect- CHAPTER I ing the members of the Court shall, in the absence ORGANIZATION OF THE COURT of a special agreement, be laid down by the Gen- eral Assembly upon recommendation of the Se- Article 2 curity Council. The Court shall be composed of a body of inde-pendent judges, elected regardless of their nation- Article 5ality from among persons of high moral character, 1. At least three months before the date of thewho possess the qualifications required in their re- election, the Secretary-General of the Unitedspective countries for appointment to the highest Nations shall address a written request to thejudicial offices, or are jurisconsults of recognized members of the Permanent Court of Arbitrationcompetence in international law. belonging to the states which are parties to the present Statute, and to the members of the na- Article 3 tional groups appointed under Article 4, para- 1. The Court shall consist of fifteen members, graph 2, inviting them to undertake, within a givenno two of whom may be nationals of the same state. time, by national groups, the nomination of per- 2, A person who for the purposes of member- sons in a position to accept the duties of a membership in the Court could be regarded as a national of the Court.of more than one state shall be deemed to be a 2. No group may nominate more than four per-national of the one in which he ordinarily exercises sons, not more than two of whom shall be of theircivil and political rights. own nationality. In no case may the number of candidates nominated by a group be more than Article 4 double the number of seats to be filled. 1. The members of the Court shall be electedby the General Assembly and by the Security Article 6Council from a list of persons nominated by the Before making these nominations, each nationalnational groups in the Permanent Court of Arbitra- group is recommended to consult its highest courttion, in accordance with the following provisions. of justice, its legal faculties and schools of law, and 2. In the case of Members of the United Na- its national academies and national sections of in-tions not represented in the Permanent Court of ternational academies devoted to the study of law.Arbitration, candidates shall be nominated bynational groups appointed for this purpose by Article 7their governments under the same conditions as 1. The Secretary-General shall prepare a list 21
  23. 23. in alphabetical order of all the persons thus nomi- Article 12nated. Save as provided in Article 12, paragraph 1. If, after the third meeting, one or more seats2, these shall be the only persons eligible. still remain unfilled, a joint conference consisting 2. The Secretary-General shall submit this list of six members, three appointed by the Generalto the General Assembly and to the Security Assembly and three by the Security Council, mayCouncil. be formed at any time at the request of either the General Assembly or the Security Council, for the Article 8 purpose of choosing by the vote of an absolute The General Assembly and the Security Coun- majority one name for each seat still vacant, tocil shall proceed independently of one another to submit to the General Assembly and the Securityelect the members of the Court. Council for their respective acceptance. 2. If the joint conference is unanimously agreed upon any person who fulfils the required condi- Article 9 tions, he maybe included in its list, even though At every election, the electors shall bear in mind he was not included in the list of nominations re-not only that the persons to be elected should in- ferred to in Article 7.dividually possess the qualifications required, but 3. If the joint conference is satisfied that it willalso that in the body as a whole the representation not be successful in procuring an election, thoseof the main forms of civilization and of the prin- members of the Court who have already beencipal legal systems of the world should be assured. elected shall, within a period to be fixed by the Security Council, proceed to fill the vacant seats Article 10 by selection from among those candidates who 1. Those candidates who obtain an absolute have obtained votes either in the General Assem-majority of votes in the General Assembly and in bly or in the Security Council.the Security Council shall be considered as elected. 4. In the event of an equality of votes among 2. Any vote of the Security Council, whether the judges, the eldest judge shall have a castingfor the election of judges or for the appointment vote.of members of the conference envisaged in Article12, shall be taken without any distinction betweenpermanent and non-permanent members of the Article 13Security Council. 1. The members of the Court shall be elected 3. In the event of more than one national of the for nine years and may be re-elected; provided,same state obtaining an absolute majority of the however, that of the judges elected at the first elec-votes both of the General Assembly and of the tion, the terms of five judges shall expire at the endSecurity Council, the eldest of these only shall be of three years and the terms of five more judgesconsidered as elected. shall expire at the end of six years. 2. The judges whose terms are to expire at the Article 11 end of the above-mentioned initial periods of three If, after the first meeting held for the purpose and six years shall be chosen by lot to be drawnof the election, one or more seats remain to be by the Secretary-General immediately after thefilled, a second and, if necessary, a third meeting first election has been completed.shall take place. 3. The members of the Court shall continue to 22
  24. 24. discharge their duties until their places have been Article 18filled. Though replaced, they shall finish any cases 1. No member of the Court can be dismissedwhich they may have begun. unless, in the unanimous opinion of the other 4. In the case of the resignation of a member members, he has ceased to fulfil the required con-of the Court, the resignation shall be addressed to ditions.the President of the Court for transmission to the 2. Formal notification thereof shall be made toSecretary-General. This last notification makes the the Secretary-General by the Registrar.place vacant. 3. This notification makes the place vacant. Article 14 Article 19 Vacancies shall be filled by the same method as The members of the Court, when engaged onthat laid down for the first election, subject to the the business of the Court, shall enjoy diplomaticfollowing provision : the Secretary-General shall, privileges and immunities.within one month of the occurrence of the vacancy,proceed to issue the invitations provided for in Article 20Article 5, and the date of the election shall be fixed Every member of the Court shall, before takingby the Security Council. up his duties, make a solemn declaration in open court that he will exercise his powers impartially Article 15 and conscientiously. A member of the Court elected to replace amember whose term of office has not expired shall Article 21hold office for the remainder of his predecessors 1. The Court shall elect its President and Vice-term. President for three years; they may be re-elected. 2. The Court shall appoint its Registrar and Article 16 may provide for the appointment of such other 1. No member of the Court may exercise any officers as may be necessary.political or administrative function, or engage inany other occupation of a professional nature. Article 22 2. Any doubt on this point shall be settled by 1. The seat of the Court shall be established atthe decision of the Court. The Hague. This, however, shall not prevent the Court from sitting and exercising its functions Article 17 elsewhere whenever the Court considers it desir- 1. No member of the Court may act as agent, able.counsel, or advocate in any case. 2. The President and the Registrar shall reside 2. No member may participate in the decision at the seat of the Court.of any case in which he has previously taken partas agent, counsel, or advocate for one of the par- Article 23ties, or as a member of a national or international 1. The Court shall remain permanently incourt, or of a commission of enquiry, or in any session, except during the judicial vacations,other capacity. the dates and duration of which shall be fixed 3. Any doubt on this point shall be settled by by the Court.the decision of the Court. 2. Members of the Court are entitled to peri- 23
  25. 25. odic leave, the dates and duration of which shall for dealing with a particular case. The number of be fixed by the Court, having in mind the distance judges to constitute such a chamber shall be de- between The Hague and the home of each judge. termined by the Court with the approval of the 3. Members of the Court shall be bound, un- parties. less they are on leave or prevented from attending 3. Cases shall be heard and determined by the" by illness or other serious reasons duly explained chambers provided for in this Article if the parties to the President, to hold themselves permanently so request. at the disposal of the Court. Article 27 A judgment given by any of the chambers pro- Article 24 vided for in Articles 26 and 29 shall be considered 1. If, for some special reason, a member of the as rendered by the Court. Court considers that he should not take part in the decision of a particular case, he shall so inform the Article 28 President. The chambers provided for in Articles 26 and 2. If the President considers that for some spe- 29 may, with the consent of the parties, sit and ex- cial reason one of the members of the Court should ercise their functions elsewhere than at The Hague. not sit in a particular case, he shall give him notice accordingly. Article 29 3. If in any such case the member of the Court With a view to the speedy despatch of business, and the President disagree, the matter shall be the Court shall form annually a chamber com- settled by the decision of the Court. posed of five judges which, at the request of the parties, may hear and determine cases by summary Article 25 procedure. In addition, two judges shall be se- 1. The full Court shall sit except when it is ex- lected for the purpose of replacing judges who find pressly provided otherwise in the present Statute. it impossible to sit. 2. Subject to the condition that the number of judges available to constitute the Court is not Article 30 thereby reduced below eleven, the Rules of the 1. The Court shall frame rules for carrying ou t Court may provide for allowing one or more judges, its functions. In particular, it shall lay down rules according to circumstances and in rotation, to be of procedure. dispensed from sitting. 2. The Rules of the Court may provide for as- 3. A quorum of nine judges shall suffice to con- sessors to sit with the Court or with any of its stitute the Court. chambers, without the right to vote. Article 26 Article 31 1. The Court may from time to time form one 1. Judges of the nationality of each of theor more chambers, composed of three or more parties shall retain their right to sit in the casejudges as the Court may determine, for dealing before the Court.with particular categories of cases; for example, 2. If the Court includes upon the Bench a judgelabor cases and cases relating to transit and com- of the nationality of one of the parties, any othermunications. party may choose a person to sit as judge. Such 2. The Court may at any time form a chamber person shall be chosen preferably from among 24
  26. 26. those persons who have been nominated as candi- the General Assembly on the proposal of the Court.dates as provided in Articles 4 and 5. 7. Regulations made by the General Assembly 3. If the Court includes upon the Bench no shall fix the conditions under which retirementjudge of the nationality of the parties, each of these pensions may be given to members of the Courtparties may proceed to choose a judge as provided and to the Registrar, and the conditions underin paragraph 2 of this Article. which members of the Court and the Registrar 4. The provisions of this Article shall apply to shall have their traveling expenses refunded.the case of Articles 26 and 29. In such cases, the 8. The above salaries, allowances, and com-President shall request one or, if necessary, two pensation shall be free of all taxation.of the members of the Court forming the chamberto give place to the members of the Court of the Article 33nationality of the parties concerned, and, failing The expenses of the Court shall be borne by thesuch, or if they are unable to be present, to the United Nations in such a manner as shall be de-judges specially chosen by the parties. cided by the General Assembly. 5. Should there be several parties in the same interest, they shall, for the purpose of the preced- ing provisions, be reckoned as one party only. Any doubt upon this point shall be settled by the de- CHAPTER II cision of the Court. COMPETENCE OF THE COURT 6. Judges chosen as laid down in paragraphs 2,3, and 4 of this Article shall fulfil the conditions Article 34 required by Articles 2,17 (paragraph 2 ) , 20, and 1. Only states may be parties in cases before 24 of the present Statute. They shall take part in the Court. the decision on terms of complete equality with 2. The Court, subject to and in conformity with their colleagues. its Rules, may request of public international or- ganizations information relevant to cases before it, Article 32 and shall receive such information presented by 1. Each member of the Court shall receive an such organizations on their own initiative.annual salary. 3. Whenever the construction of the constitu- 2. The President shall receive a special annual ent instrument of a public international organi-allowance. zation or of an international convention adopted 3. The Vice-President shall receive a special thereunder is in question in a case before the Court,allowance for every day on which he acts as Presi- the Registrar shall so notify the public interna-dent. tional organization concerned and shall communi- 4. The judges chosen under Article 31, other cate to it copies of all the written proceedings.than members of the Court, shall receive compen-sation for each^day on which they exercise their Article 35functions. 1. The Court shall be open to the states parties 5. These salaries, allowances, and compensa- to the present Statute.tion shall be fixed by the General Assembly. They 2. The conditions under which the Court shallmay not be decreased during the term of office. be open to other states shall, subject to the special 6. The salary of the Registrar shall be fixed by provisions contained in treaties in force, be laid 25
  27. 27. down by the Security Council, but in no case shall International Court of Justice for the period whichsuch conditions place the parties in a position of they still have to run and in accordance with theirinequality before the Court. terms. 3. When a state which is not a Member of the 6. In the event of a dispute as to whether theUnited Nations is a party to a case, the Court shall Court has jurisdiction, the matter shall be settledfix the amount which that party is to contribute by the decision of the Court.towards the expenses of the Court. This provisionshall not apply if such state is bearing a share of Article 37the expenses of the Court. Whenever a treaty or convention in force pro- vides for reference of a matter to a tribunal to have Article 36 been instituted by the League of Nations, or to the 1. The jurisdiction of the Court comprises all Permanent Court of International Justice, thecases which the parties refer to it and all matters matter shall, as between the parties to the presentspecially provided for in the Charter of the United Statute, be referred to the International Court ofNations or in treaties and conventions in force. Justice. 2. The states parties to the present Statute may Article 38at any time declare that they recognize as compul- 1. The Court, whose function is to decide insory ipso facto and without special agreement, in accordance with international law such disputesrelation to any other state accepting the same obli- as are submitted to it, shall apply:gation, the jurisdiction of the Court in all legal a. international conventions, whether gen-disputes concerning: eral or particular, establishing rules expressly a. the interpretation of a treaty; recognized by the contesting states ; b. any question of international law; b. international custom, as evidence of a c. the existence of any fact which, if estab- general practice accepted as law; lished, would constitute a breach of an inter- c. the general principles of law recognized national obligation ; by civilized nations ; d. the nature or extent of the reparation to d. subject to the provisions of Article 59, be made for the breach of an international ob- judicial decisions and the teachings of the most ligation. highly qualified publicists of the various na- 3. The declarations referred to above may be tions, as subsidiary means for the determinationmade unconditionally or on condition of reci- of rules of law.procity on the part of several or certain states, or 2. This provision shall not prejudice the powerfor a certain time. of the Court to decide a case ex aequo et bond, if 4. Such declarations shall be deposited with the parties agree thereto.the Secretary-General of the United Nations, whoshall transmit copies thereof to the parties to theStatute and to the Registrar of the Court. CHAPTER III 5. Declarations made under Article 36 of the PROCEDUREStatute of the Permanent Court of InternationalJustice and which are still in force shall be deemed, Article 39as between the parties to the present Statute, to be 1. The official languages of the Court shall beacceptances of the compulsory jurisdiction of the French and English. If the parties agree that the 26

×