cover image: Charter of the United Nations and Statute of the International Court of Justice

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Charter of the United Nations and Statute of the International Court of Justice

26 Jun 1945

The Charter of the United Nations and Statute of the International Court of Justice – the foundational document of the UN – was adopted on June 26, 1945. It was signed by representatives of 50 of the 51 original UN Member States, including India, at the United Nations Conference on International Organization in San Francisco, USA.  The Charter came into effect on October 24, 1945.Conceptualised during the post-war negotiations in early 1940, the Charter was adopted to ensure international cooperation, peace and security in the aftermath of World War II. Its Preamble states that the United Nations aims “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained.” To this end, it calls upon Member States to practice tolerance and live in peace; to unite and ‘maintain international peace and security’; to ensure that armed forces shall not be used except in common interest; and to promote economic and social advancement for all.The 54-page Charter consists of a Preamble followed by 19 Chapters listing 111 Articles. It also contains the Statute of the International Court of Justice (ICJ) as an annexure – the Charter establishes the ICJ as the principal judicial organ of the UN.The Charter’s 19 chapters outline the UN’s purposes and principles (Chapter I, Articles 1-2); define conditions for membership (Chapter II, Articles 3-6); introduce its various organs (Chapter III, Articles 7-8); and lay down the scope and functions of the UN General Assembly (Chapter IV, Articles 9-22) as well as the UN Security Council (Chapter V, Articles 23-32). Chapters VI-VIII (Articles 33-54) consider threats to international peace and discuss the establishment of regional agencies for the settlement of disputes.The document discusses economic and social cooperation, delineating the scope and functions of the Economic and Social Council of the UN (Chapters IX-X, Articles 55-72). It covers the powers and responsibilities of the UN Trusteeship Council to promote self-government and socioeconomic advancement in ‘non-self-governing territories’ (Chapters XI-XIII, Articles 73-91); outlines the functions of the ICJ (Chapters XIV, Articles 92-96) and UN Secretariat (Chapter XV, Articles 97-101); includes miscellaneous provisions (Chapter XVI, Articles 102-105); lays down transitional security arrangements (Chapter XVII, Articles 106-107); and discusses the procedures for the Charter’s ratification (Chapter XIX, Articles 110-111).The following are excerpts from 16 of the 111 Articles of the Charter of the United Nations which remain especially relevant to the present times: Article 1: The Purposes of the United Nations are: 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 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. Article 2: All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state. Article 6: A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council...
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Authors

United Nations

Published in
India
Rights
United Nations