U.N. Charter-Statute of the International Court of Justice

8/7/2019 U.N. Charter-Statute of the International Court of Justice

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CHARTER OF THE UNITED NATIONSAND

STATUTE OF THEINTERNATIONAL COURTOF JUSTICE

SAN FR NCISCO 945


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CHARTEROFTHE 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, andto reaffirm faith in fundamental human rights, in the dignity and worth of thehuman person, in the equal rights of men and women and of nations large andsmall, andto establish conditions under which justice and respect for the obligations arisingfrom treaties and other sources of international law can be maintained, a ndto promote social progress and better standards of life in larger freedom,

AND FOR THESE ENDSto practice tolerance and live together in peace with one another as goodneighbors, andto unite our strength to maintain international peace and security, andto ensure, by the acceptance of principles and the institution of methods, thatarmed force shall not be used, save in the common interest, an dto employ international machinery for the promotion of the economic and socialadvancement of all peoples,

HAVE RESOLVED TO COMBINE OUR EFFORTST O A CCO M P L I S H T H E S E A I M S .

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.


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CHAPTER IPUR POSE S AND PR INC IPLE S

ArticleT he P urposes of the United Nations are:1 . To maintain international peace and se-

curity and to that en d: to take effective collec-tive measures for the prevention and removal ofthreats to the peace and for the suppression ofacts of aggression or oth er breaches of the p eaceand to bring about by peaceful means and in con-formity with the principles of justice and inter-nationa l law adjustment or settlement of inter-national disputes or situations which might leadto a breach of the pe ace;

2 . T o develop friendly relations among nationsbased on respect for the principle of equal rightsand self-determination of peoples and to takeother appropriate measures to strengthen univer-sal peace;

3 . To achieve international cooperation insolving international problems of an economicsocial cultural or hum anitarian character and inpromoting and encouraging respect for humanrights and for fundamental freedoms for all with-out distinction as to race sex langu age or re-ligion; and

4 . T o be a center for harmonizing the actionsof nations in the attainm ent of these common ends.

Article 2T he Organization and its Members in pursuit

of the Purposes stated in A rticle 1 shall act inaccordance with the following Principles.

1 . T he Organization is based on the principleof the sovereign equality of all its Members.

2 . A ll Mem bers in order to ensure to all ofthem the rights and benefits resulting from mem-bership shall fulfil in good faith th e obligationsassumed by them in accordance with th e presentCharter.

3 . A ll Members shall settle their international

disputes by peaceful means in such a manner thatinternational peace and security and justice arenot endangered.

4 . A ll Members shall refrain in their interna-tional relations from the threat or use of forceagainst the territorial integrity or political inde-pendence of any state or in any other mannerinconsistent with the Purposes of the UnitedNations.

5 . A ll Members shall give the United Nationsevery assistance in any action it takes in accord-ance with the present C harter and shall refrainfrom giving assistance to any state against w hichthe Un ited Na tions is taking preventive or enforce-ment action.

6. The Organization shall ensure that stateswhich are not Members of the United N ations actin accordance with these P rinciples so far as maybe necessary for the maintenan ce of interna tionalpeace and security.

7 . Nothing contained in the present C hartershall authorize the U nited Nations to intervene inmatters which are essentially within the domesticjurisdiction of any state or shall require the Mem-bers to submit such matters to settlement underthe present C harter; but this principle shall notprejudice the application of enforcement meas-ures under C hapter VII.

CHAPTER IIME MBE R SHIP

Article 3The original Members of the United Nations

shall be the states which having participated inthe United Nations Conference on InternationalOrganization at San Francisco or- having previ-ously signed the Declaration by United Nationsof January1 1942 sign the present Charter andratify it in accordance with Article 110.


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Article 41. Membership in the United Nations is open

to all other peace-loving states which accept theobligations contained in the present Charter and,in the judgment of the Organization, are able andwilling 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-mendation of the Security Council.

Article 5 /A Member of the U nited Nations against which

preventive or enforcement action has been takenby the Security Council may be suspended fromthe exercise of the rights and privileges of mem-bership by the General Assembly upon the recom-mendation of the Security Council. The exerciseof these rights and privileges may be restored bythe Security Council.

Article 6A Member of the United Nations which has

persistently violated the Principles contained inthe present Charter may be expelled from theOrganization by the General Assembly upon therecommendation of the Security Council.

CH PTERIIIORGANSArticle 7

1. There are established as the principal or-gans of the United Nations: a General Assem-bly, a Security Council, an Economic and SocialCouncil, a Trusteeship Council, an InternationalCourt of Justice, and a Secretariat.

2. Such subsidiary organs as may be foundnecessary may be established in accordance withthe present Charter.

Article 8The United Nations shall place no restrictions

on the eligibility of men and women to participatein any capacity and under conditions of equalityin-its principal and subsidiary organs.

CH PTERIVTHE GENERAL ASSEMBLY

CompositionArticle 9

1. The General Assembly shall consist of allthe Members of the United Nations.

2. Each Member shall have not more than fiverepresentatives in the General Assembly.Functions and Powers

Article 10The General Assembly may discuss any ques-

tions or any matte rs within the scope of the presentCharter or relating to the powers and functions ofany organs provided for in the present Charter,and, except as provided in Article 12, may makerecommendations to the Members of the UnitedNations or to the Security Council or to both onany such questions or matters.

Article 111. The General Assembly may consider the

general principles of cooperation in the mainte-nance of international peace and security, includ-ing the principles governing disarmament and theregulation of armam ents, and may make recom-mendations with regard to such principles to theMembers or to the Security Council or to both.

2. The General Assembly may discuss anyquestions relating to the maintenance of inter-national peace and security brought before it byany Member of the United Nations, or by theSecurity Council, or by a state which is not a


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Member of the United Nations in accordance withArticle 35 , paragraph 2 , and, except as providedin Article 12, may make recommendations withregard to any such questions to the s tate or statesconcerned or to the Security Council or to both.Any such question on which action is necessaryshall be referred to the Security Council by theGeneral Assembly either before or after dis-cussion.

3. The G eneral Assembly may call the atten-tion of the Security Council to situations whichare likely to endanger international peace andsecurity.

4. The powers of the General Assembly setforth in this Article shall not limit the generalscope of Article 10.

Article 121. While the Security Council is exercising in

respect of any dispute or situation the functionsassigned to it in the present Charter, the GeneralAssembly shall not make any recommendationwith regard to that dispute or situation unless theSecurity Council so requests.

2 . Th e Secretary-General, with the consent ofthe Security Council, shall notify the GeneralAssembly at each session of any matters relativeto the maintenance of international peace andsecurity which are being dealt with by the SecurityCouncil and shall similarly notify the GeneralAssembly, or the Members of the United Nationsif the General Assembly is not in session, immedi-ately the Security Council ceases to deal w ith suchmatters.

Article 131. The G eneral Assembly shall initiate studies

and make recommendations for the purpose of :a. promoting international cooperation inthe political field and encouraging the progres-sive development of international law and itscodification;

b. promoting international cooperation inthe economic, social, cul tural , educational, andhealth fields , and assisting in the realization ofhuman rights and fundamental freedoms forall without distinction as to race, sex, language,or religion.2 . The further responsibilities, functions, and

powers of the General Assembly with respect tomatters mentioned in paragraph l ( b ) above areset forth in Chapters IX and X.

Article 14Subject to the provisions of Article 12, the

General Assembly m ay recommend measures forthe peaceful adjustment of any situation, regard-less of origin, which it deems likely to impair thegeneral welfare or friendly relations among na-tions, including situations resulting from a viola-tion of the provisions of the present C harter settingforth the Purposes and Principles of the UnitedNations. Article 15

1. The General Assembly shall receive andconsider annual and special reports from the Se-curity Council; these reports shall include anaccount of the m easures that the Security Councilhas decided upon or taken to maintain interna-tional peace and security.2. The General Assembly shall receive andconsider reports from the other organs of theUnited Nations.

Article 16The General Assembly shall perform such

functions with respect to the international trus-teeship system as are assigned to it under Chap-ters XII and XIII, including the approval of thetrusteeship agreements for areas not designatedas strategic. Article 17

1. The General Assembly shall consider andapprove the budget of the O rganization.


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2. The expenses of the Organization shall beborne by the Members as apportioned by theGeneral Assembly.

3. The General Assembly shall consider andapprove any financial and budgetary arrange-ments with specialized agencies referred to inArticle 57 and shall examine the administra-tive budgets of such specialized agencies with aview to making recommendations to the agenciesconcerned.Voting

Article 181. Each member of the General Assembly

shall have one vote.2. Decisions of the General Assembly on im-

portant questions shall be made by a two-thirdsmajority of the members present and voting.These questions shall include: recommendationswith respect to the maintenance of internationalpeace and security, the election of the non-perma-nent members of the Security Council, the elec-tion of the members of the Economic and SocialCouncil, the election of members of the Trustee-ship Council in accordance with paragraph l ( c )of Article 86, the admission of new Members tothe United Nations, the suspension of the rightsand privileges of membership, the expulsion ofMembers, questions relating to the operation ofthe trusteeship system, and budgetary questions.

3. Decisions on other questions, including thedetermination of additional categories of ques-tions to be decided by a two-thirds majority, shallbe made by a majority of the members presentand voting.

Article 19A Member of the United Nations which is in

arrears in the payment of its financial contribu-tions to the Organization shall have no vote inthe General Assembly if th e amount of its arrearsequals or exceeds the am ount of the contributions

due from it for the preceding two full years. TheGeneral Assembly may, nevertheless, permit sucha Member to vote if it is satisfied that the failureto pay is due to conditions beyond the control ofthe Member.Procedure

Article 20The General Assembly shall meet in regularannual sessions and in such special sessions as

occasion may require. Special sessions shall beconvoked by the Secretary-General at the requestof the Security Council or of a majority of theMembers of the United Nations.

Article 21The General Assembly sha ll adopt its own rules

of procedure. It shall elect its President for eachsession.

Article 22The General Assembly may establish such

subsidiary organs as it deems necessary for theperformance of its functions.

CH PTERVTHE SECURITY COUNCIL


1. The Security Council shall consist of elevenMembers of the United Nations. The Republicof China, France, the Union of Soviet SocialistRepublics, the United Kingdom of Great Britainand Northern Ireland, and the United States ofAmerica shall be permanent members of theSecurity Council. Th e General Assembly shallelect six other Members of the United Nations tobe non-permanent members of the Security Coun-cil, due regard being specially paid, in the firstinstance to the contribution of Members of the


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United Nations to the maintenance of interna-tional peace and security and to the other pur-poses of the Organization, and also to equitablegeographical distribution.

2. The non-permanent members of the Se-curity Council shall be elected for a term of twoyears. In the first election of the non-permanentmembers, however, three shall be chosen for aterm of one year. A retiring member shall not beeligible for immediate re-election.

3. Each member of the Security Council shallhave one representative.Functions and Powers

Article 241. In order to ensure prompt and effective

action by the U nited Nations, its Members conferon the Security Council primary responsibilityfor the maintenance of international peace andsecurity, and agree that in carrying out its dutiesunder this responsibility the Security Council actson theirbehalf.

2. In discharging these duties the SecurityCouncil shall act in accordance with the Pu rposesand Principles of the United N ations. The specificpowers granted to the Security Council for thedischarge of these duties are laid down in Chapte rsVI,VII, VIII, and XII.3. The Security Council shall submit annualand, when necessary, special reports to the Gen-eral Assembly for its consideration.

Article 25The Members of the United Nations agree to

accept and carry out the decisions of the SecurityCouncil in accordance with the present Charter.

Article 26In order to promote the establishment andmaintenance of international peace and securitywith the least diversion for armaments of theworld's human and economic resources, the Se-

curity Council shall be responsible for formulat-ing, with the assistance of the Military Staff Com-mittee referred to in Article 47, plans to be sub-mitted to the Members of the United Nations forthe establishment of a system for the regulationof armaments.

Voting Article 271. Each member of the Security Council shall

have one vote.2. Decisions of the Security Council on pro-

cedural m atters sha ll be made by an affirmativevote of seven members.

3. Decisions of the Security Council on allother matters shall be made by an affirmative voteof seven members including the concurring votesof the perm anent members ; provided that , in deci-sions under Chapter VI, and under paragraph 3of Article 52, a party to a dispute shall abstainfrom voting.Procedure

Article1. The Security Council shall be so organized

as to be able to function continuously. Eachmember of the Security Council shall for this pur-pose be represented at all times at the seat of theOrganization.

2. The Security Council shall hold periodicmeetings at which each of its members may, if itso desires, be represented by a member of thegovernment or by some other specially designatedrepresentative.

3 . The Security Council may hold meetings atsuch places other than the seat of the Organizationas in its judgment will best facilitate its work.

Article 29The Security Council may establish such sub-

sidiary organs as it deems necessary for the per-formance of its functions.


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Article 30The Security Council shall adopt its own rules

of procedure, including the method of selectingits President. Article 31

Any Member of the United Nations which is nota mem ber of the Security Council may participa te,without vote, in the discussion of any questionbrough t before the Security Council whenever thelatter considers that the interests of that Memberare specially affected.

Article 32Any Member of the United Nations which is

not a member of the Security Council or any statewhich is not a Member of the United Nations, ifit is a party to a dispute under consideration bythe Security Council, shall be invited to partici-pate, without vote, in the discussion relating tothe dispute. The Security Council shall lay downsuch conditions as it deems just for the participa-tion, of a state which is not a Member of the UnitedNations.

CHAPTERVIPACIFIC SETTLEMENT OF DISPUTES

Article 331. The parties to any dispute, the continuanceof which is likely to endanger th e maintenance of

international peace and security, shall, first of all ,seek a solution by negotiation, enquiry, med iation,conciliation, arbitration, judicial settlement, re-sort to regional agencies or arrangements, or otherpeaceful means of their own choice.

2. The Security Council shall, when it deemsnecessary, call upon the parties to settle theirdispute by such means.

Article 34The Security Council may investigate any dis-

pute,or any situation which might lead to inter-

national friction or give rise to a dispute, in o rderto determine whether the continuance of the dis-pute or situation is likely to endanger the main-tenance of international peace and security.

Article 351. Any Member of the United Nations may

bring any dispute, or any situation of the naturereferred to in Article 34, to the attention of theSecurity Council or of the General Assembly.

2. A state which is not a Member of the UnitedNations may bring to the attention of the SecurityCouncil or of the General Assembly any disputeto which it is a party if it accepts in advance, forthe purposes of the dispute, the obligations ofpacific settlement provided in the present Charter.

3. The proceedings of the General Assemblyin respect of matters brought to its attention underthis Article will be subject to the provisions ofArticles 11 and 12.

Article 361. The Security Council may, at any stage of

a dispute of the nature referred to in Article 33or of a situation of like nature , recommend appro-priate procedures or methods of adjustmen t.

2. The Security Council should take into con-sideration any procedures for the settlement ofthe dispute which have already been adopted bythe parties.

3 . In making recommendations under this Ar-ticle the Security Council should also take intoconsideration tha t legal disputes should as a gen-eral rule be referred by the parties to the Interna-tional Court of Justice in accordance with theprovisions of the Statute of the Court.

Article 371. Should the parties to a dispute of the nature

referred to in Article 33 fail to settle it by themeans indicated in that A rticle, they shall refer itto the Security Council.


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2. If the Secu rity Council deems that the con-tinuance of the d ispute is in fact likely to endangerthe maintenance of international peace and se-curity, it shall decide whether to take action underArticle 36 or to recommend such terms of settle-ment as it may consider approp riate.

Article 38Without prejud ice to th e provisions of Articles33 to 3 7, the S ecurity Council may, if all the par-

ties to any dispute so request, make recommenda-tions to the parties with a view to a pacific settle-ment of the dispute.

CHAPTER WACTION WITH RESPECT TO THREATS TO

THE PEACE, BREACHES OF THE PEACE,AND ACTS OF AGGRESSION

Article 39Th e Security Council shall determine the exist-

ence of any threat to the peace, breach of thepeace, or act of aggression and shall make recom-mendations, or decide what measures shall betaken in accordance with Articles 41 and 42, tomaintain or restore international peace and se-curity. Article 40

In order to p revent an aggravation of the situa-tion, the Security Council may, before making therecommendations or deciding upon the measuresprovided for in Article 39 , call upon the partiesconcerned to comply with such provisional meas-ures as it deem s necessary or desirable. Such pro-visional measures shall be without prejudice to therights, claims, or position of the parties concerned.The Security Council shall duly take account offailure to comply with such provisional measures.

Article 41The Security Council may decide what meas-

ures not involving the use of armed force are to be

employed to give effect to its decisions, and it maycall upon the Members of the United Nations toapply such measu res. These may include com-plete or partial interruption of economic relationsand of rail, sea, air, postal, telegraphic, radio,and other means of communication, and the sev-erance of diplomatic relations.

Article 42Should the Security Council consider that meas-ures provided for in Article 41 would be inade-quate or have proved to be inadequa te, it may takesuch action by air, sea, or land forces as may benecessary to maintain or restore internationalpeace and security. Such action may includedemonstrations, blockade, and other operationsby ai r, sea, or land forces of Members of the UnitedNations.

Article 431. All Members of the United Nations, in orderto contribute to the maintenance of internationalpeace and security, undertake to make availableto the Security Council, on its call and in accord-ance with a special agreement or agreements,armed forces, assistance, and facilities, includingrights of passage, necessary for the purpose ofmaintaining international peace and security.

2 . Such agreement or agreements shall governthe numbers and types of forces, their degree ofreadiness and general location, and the nature ofthe facilities and assistance to be provided.

3. Th e agreement or agreements shall be ne-gotiated as soon as possible on the initiative of theSecurity Council. They shall be concluded be-tween the Security Council and Members or be-tween the Security Council and groups of M embersand shall be subject to ratification by th e signatorystates in accordance with their respective constitu-tional processes. . Article 44

When the Security Council has decided to useforce it shall, before calling upon a Member not


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represented on it to provide armed forces in ful-filhnent of the obligations assumed under Article43,invite tha t Mem ber, if the M ember so desires,to participate in the decisions of the SecurityCouncil concerning the employment of contin-gents of that Member's armed forces.

Article 45In order to enable the United Nations to takeurgent military measures, Members shall holdimmediately available national air-force contin-gents for combined international enforcement ac-tion. The stre ngth and degree of readiness of thesecontingents and plans for their combined actionshall be determined, w ithin the limits laid down inthe special agreement or agreements referred toin Article 43, by the Security Council with theassistance of the Military Staff Committee.

Article 46Plans for the application of armed force shall

be made by the Security Council with the assist-ance of the Military Staff Committee.

Article 471. There shall be established a Military Staff

Committee to advise and assist the SecurityCouncil on all questions relating to the SecurityCouncil's military requirements for the mainte-nance of internationa l peace and security, the em-ployment and command of forces placed at itsdisposal, the regulation of armaments, and pos-sible disarmament.

2 . Th e Military Staff Committee shall consistof the Chiefs of Staff of the permanent membersof the Security Council or their representatives.Any Member of the United Nations not perma-nently represented on th e Committee shall be in-vited by the Committee to be associated with itwhen the efficient discharge of the Committee'sresponsibilities requires the participation of thatMember in its work.

3 . The Military Staff Committee shall be re-sponsible under the Security Council for thestrategic direction of any armed forces placed atthe disposal of the Security Council. Questionsrelating to the command of such forces shall beworked out subsequently.

4. The Military Staff Committee, with theauthorization of the Security Council and afterconsultation with appropriate regional agencies,may establish regional subcommittees.

Article 481. The action required to carry out the deci-

sions of the Security Council for the mainte-nance of interna tional peace and security shall betaken by all the Members of the United Nationsor by some of them, as the Security Council maydetermine.2 . Such decisions shall be carried out by theMembers of the United Nations directly andthrough their action in the appropriate interna-tional agencies of which they are members.

Article 49The Members of the United Nations shall join

in affording m utua l assistance in carrying out themeasures decided upon by the Security Council.

Article 50If preventive or enforcement measures against

any state are taken by the Security Council, anyother state, whether a Member of the UnitedNations or not, which finds itself confronted withspecial economic problems arising from the carry-ing o ut of those measures shall have the right toconsu lt the Security Council with regard to a solu-tion of those problems.

Article 51Nothing in the present Charter shall impair the

inherent right of individual or collective self-defense if an arm ed attack occurs against a Mem-

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represented on it to provide armed forces in ful-fillment of the obligations assumed under Article43 ,invite that M ember, if the Member so desires,to participate in the decisions of the SecurityCouncil concerning the employment of contin-gents of that Member's armed forces.

Article 45In order to enable the United Nations to takeurgent military measures, Members shall holdimmediately available national air-force contin-gents for combined international enforcement ac-tion . The strength and degree of readiness of thesecontingents and plans for their combined actionshall be determ ined, within the limits laid down inthe special agreement or agreements referred toin Article 43, by the Security Council with theassistance of the Military Staff Committee.

Article 46Plans for the application of armed force shall

be made by the Security Council with the assist-ance of the Military Staff Comm ittee.

Article 471. The re shall be established a Military Staff

Committee to advise and assist the SecurityCouncil on all questions relating to the SecurityCouncil's military requirements for the mainte-nance of international peace and security, the em-ployment and command of forces placed at itsdisposal, the regulation of armaments, and pos-sible disarmament.

2 . Th e Military Staff Committee sha ll consistof the Chiefs of Staff of the permanent membersof the Security Council or their representatives.Any Member of the United Nations not perma-nently represented on the Committee sha ll be in-vited by the Committee to be associated with itwhen the efficient discharge of the Committee'sresponsibilities requires the participation of thatMember in its work.

3. Th e Military Staff Comm ittee shall be re-sponsible under the Security Council for thestrategic direction of any armed forces placed atthe disposal of the Security Council. Questionsrelating to the command of such forces shall beworked out subsequently.

4 . The Military Staff Committee, with theauthorization of the Security Council and afterconsultation with appropriate regional agencies,may establish regional subcommittees.

Article 481. The action required to carry out the deci-

sions of the Security Council for the mainte-nance of international peace and security shall betaken by all the Members of the United Nationsor by some of them, as the Security Council maydetermine.2 . Such decisions shall be carried out by theMembers of the United Nations directly andthrough their action in the appropriate interna-tional agencies of which they are mem bers.

Article 49The Members of the United Nations shall join

in affording mu tual assistance in carrying out themeasures decided upon by the Security Council.

Article 50If preventive or enforcement measures against

any state are taken by the Security Council, anyother state, whether a Member of the UnitedNations or not, which finds itself confronted withspecial economic problems arising from the carry-ing out of those measures shall have the right toconsult th e Security Council with regard to a solu-tion of those problems.

Article 51Nothing in the present Charter shall impair the

inherent right of individual or collective self-defense if an arm ed attack occurs against a Mem-

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her of the United Nations, un til the Security Coun-cil has taken the measures necessary to maintaininternational peace and security. Measures takenby Members in the exercise of this right of self-defense shall be immediately reported to the Se-curity Council and shall not in any way affect theauthority an d responsibility of the Security Coun-cil under the present Charter to take at any timesuch action as it deems necessary in order to main-tain or restore international peace and security.

CHAPTER VIIIREGIONAL ARRANGEMENTS

Article 521. Nothing in the present Charter precludesthe existence of regional arrangements or agen-

cies for dealing with such matters relating to themaintenance of international peace and securityas are appropriate for regional action, providedthat such arrangements or agencies and their ac-tivities are consistent with the Purposes and Prin-ciples of the United Nations.

2. The Members of the United Nations enter-ing into such arrangements or constituting suchagencies shall make every effort to achieve pacificsettlement of local disputes through such re-gional arrangements or by such regional agenciesbefore referring them to the Security Council.

3. The Security Council shall encourage thedevelopment of pacific settlement of local dis-putes through such regional arrangements or bysuch regional agencies either on the initiative ofthe states concerned or by reference from theSecurity C ouncil.

4. This Article in no way impairs the applica-tion of .Articles 34 and 3 5 .Article 53

1. The Security Council shall, where appro-priate, utilize such regional arrangements or

agencies for enforcement action Under its author-ity. Bu t no enforcement action shall be takenunder regional arrangem ents or by regional agen-cies without the authorization of the SecurityCouncil*with the exception of measures againstany enemy state, as defined in paragraph 2 ofthis Article, provided for pursuant to Article107 or in regional arrangements directed againstrenewal of aggressive policy on the part of anysuch state, until such time as the Organizationmay, on request of the Governments concerned,be charged with the responsibility for preventingfurther aggression by such a state.

2. The term enemy state as used in paragraph1 of this Article applies to any state which duringthe Second World War has been an enemy of anysignatory of the present Charter.

Article 54The Security Council shall at all times be kept

fully informed of activities undertaken or in con-templation under regional arrangements or byregional agencies for the maintenance of inter-national peace and security.

CHAPTERIXINTERNATIONAL ECONOMIC ANDSOCIAL COOPERATION

Article 55With a view to the creation of conditions of

stability and well-being which are necessary forpeaceful and friendly relations among nationsbased on respect for the principle of equal rightsand self-determination of peoples, the UnitedNations shall promote:a. higher standards of living, full employ-

ment, and conditions of economic and socialprogress and development;

b. solutions of international economic, so-cial, health, and related problems; and inter-

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national cultural and educational cooperation;and

c. universal respect for, and observance of,human rights and fundamental freedoms forall without distinction as to race, sex, language,or religion. Article 56All Members pledge themselves to take jointand separate action in cooperation with the Or-

ganization for the achievement of the purposes setforth in Article 55.

Article 571. The various specialized agencies, estab-

lished by intergovernmental agreement and hav-ing wide international responsibilities, as definedin their basic instruments, in economic, social,cultural, educational, health, and related fields,shall be brought into relationship with the UnitedNations in accordance with the provisions ofArticle 63.

2 . Such agencies thus brought into relation-ship with the United N ations are hereinafter re-ferred to as specialized agencies.

Article 58The Organization shall make recomm endations

for the coordination of the policies and activitiesof the specialized agencies.Article 59

The Organization shall, where appropriate,initiate negotiations among the states concernedfor the creation of any new specialized agenciesrequired for the accomplishment of the purposesset forth in Article 55.

Article 60Responsibility for the discharge of the func-

tions of the Organization set forth in this Chap-ter shall be vested in the G eneral Assembly and,under the authority of the General Assembly, in

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the Economic and Social Council, which shallhave for this purpose the powers set forth inChapter X.

CHAPTER XTHE ECONOMIC AND SOCIAL COUNCIL


1. The Economic and Social Council shall con-sist of eighteen Members of the United Nationselected by the General Assembly.

2. Subject to the provisions of paragraph 3,six members of the Economic and Social Councilshall be elected each year for a term of th ree years.A retiring member shall be eligible for imm ediatere-election.3. At the first election, eighteen members ofthe Economic and Social Council shall be chosen.The term of office of six members so chosen shallexpire at the end of one year, and of six othermembers at the end of two years, in accordancewith arrangements m ade by the General Assembly.

4 . Each member of the Economic and SocialCouncil shall have one representative.

Functions and PowersArticle 621. The Economic and Social Council may make

or initiate studies and repo rts with respect to inter-national economic, social, cultural, educational,health, and related matters and may make recom-mendations with respect to any such matters to theGeneral Assembly, to the Mem bers of the U nitedNations, and to th e specialized agencies concerned.

2. It may make recomm endations for the pur-pose of promoting respect for, and observance of,human rights and fundamental freedoms for all.

3 . It may prepare draft conventions for sub-mission to the General Assembly, with respect tomatters falling w ithin its competence.


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4. It may call, in accordance with the rulesprescribed by the United Nations, internationalconferences on matters falling within its com-petence. Article 63

1. The Economic and Social Council may en-ter into agreements with any of the agencies re-ferred to in Article 57, defining the terms onwhich the agency concerned shall be brought intorelationship with the United Nations. Such agree-ments shall be subject to approval by the Gen-eral Assembly.

2. It may coordinate the activities of the spe-cialized agencies through consultation with andrecommendations to such agencies and throughrecommendations to the General Assembly and tothe M embers of the United Nations.

Article 641. The Economic and Social Council may

take appropriate steps to obtain regular reportsfrom the specialized agencies. It may make ar-rangements with the Members of the UnitedNations and with the specialized agencies to obtainreports on the steps taken to give effect to its ownrecommendations and to recommendations onmatters falling within its competence made bythe General Assembly.

2. It may communicate its observations onthese reports to the G eneral Assembly.

Article 65The Economic and Social Council may furnish

information to the Security Council and shallassist the S ecurity Council upon its request.

Article 661. The Economic and Social Council shall per-form such functions as fall within its competencein connection with the carrying out of the recom-mendations of the General Assembly.

2 . It may, with the approval of the General

Assembly, perform services at the request ofMembers of th e U nited Nations and at the requestof specialized agencies.

3. It shall perform such other functions as arespecified elsewhere in the present Charter or asmay be assigned to it by the General Assembly.Voting

Article 671. Each member of the Economic and Social

Council shall have one vote.2. Decisions of the Economic and Social Coun-

cil shall be made by a majority of the memberspresent and voting.Procedure

Article 68The Economic and Social Council shall set upcommissions in economic and social fields and forthe promotion of human rights, and such othercommissions as may be required for the perform-ance of its functions.

Article 69The Economic and Social Council shall invite

any Member of th e United Nations to participate,without vote, in its deliberations on any matterof particular concern to that Member.

Article 70The Economic and Social Council may make

arrangements for representatives of the special-ized agencies to participate, without vote, in itsdeliberations and in those of the commissionsestablished by it, and for its representatives toparticipate in the deliberations of the specializedagencies. Article 71

The Economic and Social Council may makesuitable arrangements for consultation with non-governmental organizations which are concernedwith mat ters within its competence. Such arrange-

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ments may be made with internationa l organiza-tions and, where appropriate, with national or-ganizations after consultation with the Memberof the United Nations concerned.

Article 721. The Economic and Social Council shalladopt its own rules of procedure, including the

method of selecting its Presiden t.2 . The Economic and Social Council shall meet

as required in accordance with its rules, whichshall include provision for th e convening of meet-ings on the request of a majority of its members.

CHAPTER XIDECLARATION REGARDING

NON-SELF-GOVERNING TERRITORIESArticle 73

Members of the United Nations which have orassume responsibilities for the administration ofterritories whose peoples have not yet attaineda full measure of self-government recognize theprinciple that the interests of the inhabitants ofthese territories are paramount, and accept as asacred trust the obligation to promote to the ut-most, within the system of internation al peace andsecurity established by the present Charter, thewell-being of the inhabitants of these territories,and, to this end :

a. to ensure, with due respect for the cul-ture of the peoples concerned, their political,economic, social, and educational advance-ment, their just treatme nt, and th eir protectionagainst abuse s;

b. to develop self-government, to take dueaccount of the political aspirations of thepeoples, and to assist them in the progressivedevelopment of their free political institutions,according to the particular circumstances ofeach territory and its peoples and their varying

i stages of advancement;

c. to further international peace and se-curity;

d. to promote constructive measures of de-velopment, to encourage research, and to co-operate with one anothe r and, when and whereappropriate, with specialized international bod-ies with a view to the practical achievement ofthe social, economic, and scientific purposesset forth in this Article; and

e. to transmit regularly to the Secretary-General for information purposes, subject tosuch limitation as security and constitutionalconsiderations may requ ire, statistical and otherinformation of a technical nature relating toeconomic, social, and educational conditions inthe territories for which they are respectivelyresponsible other than those territories to whichChapters XII and XIII apply.

Article 74Members of the U nited N ations also agree that

their policy in respect of the territories to whichthis Chapter app lies, no less than in respect of theirmetropolitan areas, must be based on the generalprinciple of good-neighborliness, due account be-ing taken of the interests and well-being of the restof the world, in soc ial, economic, and commercialmatters.

CHAPTER XIIINTERNATIONAL TRUSTEESHIP SYSTEM

Article 75The United Nations shall establish under its

authority an international trusteeship system forthe administration and supervision of such terri-tories as may be placed thereunder by subsequentindividual agreem ents. These territories arehereinafter referred to as trust territories.

Article 76The basic objectives of the trusteeship system,

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in accordance with the Purposes of the UnitedNations laid down in Article 1 of the present Char-ter, shall be:

a. to further international peace and se-curity;

b. to promote the political, economic, social,and educational advancement of the inhab itantsof the trust territories, and their progressivedevelopment towards self-government or inde-pendence as may be appropriate to the par-ticular circumstances of each territory and itspeoples and the freely expressed wishes of thepeoples concerned, and as may be provided bythe terms of each trusteeship agreemen t;

c. to encourage respect for human rightsand for fundamental freedoms for all withoutdistinction as to race, sex, language, or religion ,and to encourage recognition of the interde-pendence of the peoples of the world; a nd

d. to ensure equal treatm ent in social, eco-nomic, and commercial matte rs for a ll Membersof the U nited Nations and their n ationals, andalso equal treatment for the latter in the ad-ministration of justice, without prejudice to theattainment of the foregoing objectives and sub-ject to the provisions of Article 8 0 .

Article 771. The trusteeship system shall apply to

such territories in the following categories as maybe placed thereunder by means of trusteeshipagreements:

a. territories now held under mand ate;b. territories which may be detached from

enemy states as a result of the Second WorldWar; andc. territories voluntarily placed under thesystem by states responsible for their admin-istration.2. It will be a ma tter for subsequent agreement

as to which territories in the foregoing categories

will be brought under the trusteeship system andupon what terms.

Article 78The trusteeship system shall not apply to terri-

tories which have become Members of the U nitedNations, rela tionship among which shall be basedon respect for th e principle of sovereign equality.

Article 79The terms of trusteeship for each territory to

be placed under the trusteeship system, includingany alteration or amendm ent, shall be agreed uponby the states directly concerned, including themandatory power in the case of territories heldunder mandate by a Member of the United Na-tions, and shall be approved as provided for inArticles 83 and 8 5.

Article 801. Except as may be agreed upon in individual

trusteeship agreements, made under Articles 77,79,and 8 1 , placing each territory under the trus-teeship system, and until such agreements havebeen concluded, nothing in this C hapter shall beconstrued in or of itself to alter in any mannerthe righ ts whatsoever of any states or any peoplesor the terms of existing international instrumentsto which Members of the United Nations may re-spectively be parties.

2. Parag raph 1 of this Article shall not be in-terpreted as giving grounds for delay or postpone-ment of the negotiation and conclusion of agree-ments for placing mandated and other territoriesunder the trusteeship system as provided for inArticle 77.

Article 81The trusteeship agreement shall in each caseinclude the term s unde r which the trust territorywill be administered and designate the authoritywhich will exercise the administration of the trustterritory. Such authority , hereinafter called the


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administering authority, may be one or morestates or the Organization itself.

Article 82 ,There may be designated, in any trusteeship

agreement, a strategic area or areas which mayinclude part or all of the trust territory to whichthe agreement applies, without prejudice to anyspecial agreement or agreements made underArticle 43 . Article 83

1. All functions of the United Nations relatingto strategic areas, including the approval of theterms of the trusteeship agreements and of theiralteration or amendment, shall be exercised by theSecurity Council.

2. The basic objectives set forth in Article 76shall be applicab le to the people of each strategicarea.

3. The Security Council shall, subject to theprovisions of the trusteeship agreements and with-out prejudice to security considerations, availitself of the assistance of the Trusteeship Councilto perform those functions of the United Nationsunder the trusteeship system relating to political,economic, social, and educational matters in thestrategic area s.

Article 84It shall be the duty of the administering author-

ity to ensure that the trust territory shall play itspart in t he m aintenance of international peace andsecurity. To this end th e administering authoritymay make use of volunteer forces, facilities, andassistance from the trust territory in carrying outthe obligations towards the Security Council un-dertaken in this regard by the administering au-thority , as well as for local defense and the main-tenance of law and order within the trust territory .

Article 851. Th e functions of the United Nations with

regard to trusteeship agreements for all areas notdesignated as s trategic, including the approval ofthe terms of the trusteeship agreements and oftheir alteration or amendment, shall be exercisedby the General Assembly.

2. The Trusteeship Council, operating underthe auth ority of the General Assembly, shall assistthe General Assembly in carrying out thesefunctions.

CHAPTER XIIITHE TRUSTEESHIP COUNCIL


1. The Trusteeship Council shall consist ofthe following M embers of the United N ation s:

a. those Members administering trust ter-ritories;

b. such of those Members mentioned byname in Article 23 as are not administeringtrust territories; and

c. as many other Members elected for three-year terms by the General Assembly as may benecessary to ensure that the total number ofmembers of the Trusteeship Council is equallydivided between those M embers of the UnitedNations which administer trust territories andthose which do not.2. Each member of the Trusteesh ip Council

shall designate one specially qualified person torepresent it therein.

Functions and owersArticle 87

The General Assembly and, under its author-ity, the Trusteeship Council, in carrying out theirfunctions, may:

a. consider reports submitted by the admin-istering authority;

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b. accept petitions and examine them inconsultation with the administering au thority;

c. provide for periodic visits to the respec-tive trust territories at times agreed upon withthe administering autho rity; and

d. take these and other actions in conformitywith the terms of the trusteeship agreements.

Article 88The Trusteeship Council shall formulate a

questionnaire on the political, economic, social,and educational advancement of the inhabitantsof each trust territory, and the administeringauthority for each trust territory within the com-petence of the General Assembly shall make anannual report to the General Assembly upon thebasis of such questionnaire.Voting

Article 891. Each member of the Trusteeship Council

shall have one vote.2 . Decisions of the Trusteeship Council shall

be made by a majority of the members present andvoting.

Procedure Article 901 Th e Trusteeship Council shall adopt its own

rules of procedure, including the method of select-ing its President.

2 . The T rusteeship Council shall meet as re-quired in accordance with its rules, which shallinclude provision for the convening of meetingson the request of a majority of its mem bers.

Article 91Th e Trusteeship Council shall, when appropri-ate , avail itself of the assistance of the Economicand Social Council and of the specialized agenciesin regard to ma tters with which they are respec-tively concerned.

CHAPTERXIVTHE INTERNATIONAL COURT

OF JUSTICEArticle 92

The International Court of Justice shall be theprincipal judicial organ of the United Nations.It shall function in accordance with the annexedStatute, which is based upon the Statute of thePermanent Court of International Justice andforms an integral part of the present Charter.

Article 931. All Members of the United Nations areipso

facto parties to the Statute of the InternationalCourt of Justice.

2 . A state which is not a Member of the U nitedNations may become a party to the Statute ofthe International Court of Justice on conditionsto be determined in each case by the GeneralAssembly upon the recommendation of the Secu-rity Council.

Article 941. Each Member of the United Nations under-

takes to comply with the decision of the Inter-nationa l Court of Justice in any case to which it isa party.

2. If any party to a case fails to perform theobligations incumbent upon it under a judgmentrendered by the Court, the other party may haverecourse to th e Security Council, which may, if itdeems necessary, make recommendations or de-cide upon measures to be taken to give effect tothe judgment.

Article 95Nothing in the present Charter shall preventMembers of the United Nations from entrustingthe solution of their differences to other tribunalsby virtue of agreements already in existence orwhich may be concluded in the future.

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Article 961. The General Assembly or the Security

Council may request the International Court ofJustice to give an advisory opinion on any legalquestion.

2. Other organs of the United N ations andspecialized agencies, which may at any time beso authorized by the General Assembly, may alsorequest advisory opinions of the Court on legalquestions arising within the scope of their activ-ities.

CHAPTERXVTHE SECRETARIAT

Article 97The Secretariat shall comprise a Secretary-

General and such staff as the Organization mayrequire. The Secretary-General sha ll be ap-pointed by the General Assembly upon the recom-mendation of the Security Council. He shall bethe chief administrative officer of the Organiza tion.

Article 98The Secretary-General shall act in tha t capacityin all meetings of the General Assembly, of the

Security Council, of the Economic and SocialCouncil, and of the Trusteeship Council, and shallperform such other functions as are entrusted tohim by these organs. The Secretary-General sh allmake an annual report to the General Assemblyon the work of the Organization.

Article 99The Secretary-General m ay bring to the atten-tion of the Security Council any matter which in

his opinion may threaten th e maintenance of in-ternational peace and security.

Article 1001. In the performance of thei r duties the Secre-

18

tary-General and the staff shall not seek or receiveinstructions from any government or from anyother authority external to the Organization.They shall refrain from any action which mightreflect on their position as international officialsresponsible only to the Organization.

2. Each Member of the United Nations under-takes to respect the exclusively internationalcharacter of the responsibilities of the Secretary-General and th e staff and no t to seek to influencethem in the discharge of their responsibilities.

Article 1011. The staff shall be appointed by the Secre-

tary-General under regulations established by theGeneral Assembly.2. Appropriate staffs shall be permanentlyassigned to the Economic and Social Council, theTrusteeship Council, and, as required, to otherorgans of the United Nations. These staffs shallform a part of the Secretariat.

3. The paramount consideration in the em-ployment of the staff and in the determination ofthe conditions of service shall be the necessity ofsecuring the highest standards of efficiency, com-petence, and integrity. Due regard shall be paidto the importance of recruiting the staff on as widea geographical basis as possible.

CHAPTERXVIMISCELLANEOUS PROVISIONS

Article 1021. Every treaty and every international agree-

ment entered into by any Member of the UnitedNations after the present Charter comes into forceshall as soon as possible be registered with theSecretariat and published by i t.

2. No party to any such treaty or internationalagreement which has not been registered in ac-cordance with the provisions of paragraph 1 of


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this Article may invoke that treaty or agreementbefore any organ of the United Na tions.

Article 103In the event of a conflict between the obligations

of the Members of the United Nations under thepresent Charter and their obligations under anyother international agreement, their obligationsunder the present Charter sha ll prevail.

Article 104The Organization sha ll enjoy in the te rritory of

each of its Members such legal capacity as may benecessary for the exercise of its functions and thefulfillment of its purposes.

Article 1051 The Organization sha ll enjoy in the territory

of each of its Members such privileges and im-munities as are necessary for th e fulfillment of itspurposes.

2 Representatives of the Members of theUnited Nations and officials of the Organizationshall similarly enjoy such privileges and imm uni-ties as are necessary for the independent exerciseof their functions in connection with the Organi-zation.

3 The General Assembly may make recom-mendations with a view to determ ining th e detailsof the application of paragraphs 1 and 2 of thisAirticle or m ay propose conventions to the Mem-bers of the United Nations for this purpose.

CH PTER XVHTRANSITIONAL SECURITY

ARRANGEMENTSArticle 106

Pending the coming into force of such specialagreements referred to in Article 43 as in theopinion of the Security Council enable it to begin

the exercise of its responsibilities under Article42 the parties to the Four-Nation Declaration,signed at Moscow, October 30 ,1 94 3, and France,shall, in accordance with the provisions of para-graph 5 of that Declaration, consult with one an-other and as occasion requires with other Membersof the United Nations with a view to such jointaction on behalf of the Organization as may benecessary for the purpose of maintaining inter-national peace and security.

Article 107Nothing in the present Charter shall invalidate

or preclude action, in relation to any state whichduring the Second World War has been an enemyof any signatory to the present Charter, taken orauthorized as a result of that war by the Govern-ments having responsibility for such action.

CH PTER XVIIIAMENDMENTS

Article 108Amendments to the present Charter shall come

into force for all Members of the United Nationswhen they have been adopted by a vote of twothirds of the members of the General Assemblyand ratified in accordance with their respectiveconstitutiona l processes by two thirds of the Mem-bers of the United Nations, including all the per-manent members of the Security Council.

Article 1091 A General Conference of the Members of

the United Nations for the purpose of reviewingthe present Charter may be held at a date andplace to be fixed by a two-thirds vote of th e mem-bers of the G eneral Assembly and by a vote of anyseven members of the Security Council. EachMember of the United Nations shall have one votein the conference.

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2. Any alteration of the present Charter rec-ommended by a two-thirds vote of the conferenceshall take effect when ratified in accordance withtheir respective constitutional processes by twothirds of the Members of the United Nations in-cluding all the permanent members of the Secu rityCouncil. .

3. If such a conference has not been held be-fore the tenth annual session of the General As-sembly following the coming into force of the p res-ent Charter, the proposal to call such a conferenceshall be placed on the agenda of that session of theGeneral Assembly, and the conference shall beheld if so decided by a majority vote of the mem-bers of the General Assembly and by a vote of an yseven members of the Security Council.

CHAPTERXIXRATIFICATION AND SIGNATURE

Article 1101. The present Charter shall be ratified by the

signatory states in accordance with their respec-tive constitutional processes. /2 . The ratifications shall be deposited with theGovernment of the United States of America,which shall notify all the signatory states of eachdeposit as well as the Secretary-General of theOrganization when he has been appointed.

3. The presen t Charter shall come into forceupon the deposit of ratifications by the Republicof China, France, the Union of Soviet SocialistRepublics, the United Kingdom of Great Britainand Northern Ireland, and the United States ofAmerica, and by a majority of th e other signatorystates. A protocol of the ratifications depositedshall thereupon be drawn up by the Governmentof the United States of America which shall com-mun icate copies thereof to all the signatory states.

4. The states signatory to the present Charterwhich ratify it after it has come into force will be-come original Members of the United Nations onthe date of the deposit of their respective ratifi-cations. Article HI

The present Charter, of which the Chinese,French, Russian, English, and Spanish texts areequally authentic, shall remain deposited in thearchives of the Government of the United Statesof America. Duly certified copies thereof shall betransmitted by that Government to the Govern-ments of the other signatory states.

IN FAITH WHEREOFthe representatives of theGovernments of the United Nations have signedthe present Charter.

DONEat the city of San Francisco the twenty-sixth day of Ju ne, one thousand nine hund red a ndforty-five.


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STATUTE OF THE INTERNATIONAL COURT OF JUSTICEArticle 1

INTERNATIONAL COURT OF JUSTICE estab-lished by the Charter of the United N ations as

the principal judicial organ of the United Nationsshall be constituted and shall function in accord-ance with the provisions of the present Statute.

CHAPTERIORGANIZATION OF THE COURT

Article 2The Court shall be composed of a body of inde-

pendent jud ges, elected regardless of their nation-ality from among persons of high moral character,who possess the qualifications required in thei r re-spective countries for appointment to the highestjudicial offices, or are jurisconsults of recognizedcompetence in international law.

Article 31. Th e Court shall consist of fifteen members,

no two of whom may be nationals of the same state.2, A person who for the purposes of member-

ship in the Court could be regarded as a nationalof more than one state shall be deemed to be anational of the one in which he ordinarily exercisescivil and political rights.

Article 41. The members of the Court shall be elected

by the General Assembly and by the SecurityCouncil from a list of persons nominated by thenational groups in the Permanent Court of Arbitra-tion, in accordance with the following provisions.

2. In the case of Members of the Un ited Na-tions not represented in the Permanent Court ofArbitration, candidates shall be nominated bynational groups appointed for this purpose bytheir governments under the same conditions as

those prescribed for members of the PermanentCourkof A rbitration by A rticle 44 of the Conven-tion of The Hague of 1907 for the pacific settle-ment of international disputes.3. The conditions under which a state whichis a party to the present Statute but is not a Mem-ber of the United Nations may participate in elect-ing the members of the Court sha ll, in the absenceof a special agreement, be laid down by the Gen-eral Assembly upon recommendation of the Se-curity Council.

Article 51. At least three months before the date of theelection, the Secretary-General of the United

Nations shall address a written request to themembers of the Permanent Court of Arbitrationbelonging to the states which are parties to thepresent Statute, and to the members of the na-tional groups appointed under Article 4, para-graph 2, inviting them to un derta ke, within a giventime, by national groups, the nomination of per-sons in a position to accept th e duties of a memberof the C ourt.

2. No group may nomina te more than four per-sons, not more than two of whom shall be of theirown nationality. In no case may the number ofcandidates nominated by a group be more thandouble the num ber of seats to be filled.

Article 6Before making these nom inations, each national

group is recommended to consult its highest courtof justice, its legal faculties and schools of law, andits national academies and n ationa l sections of in-ternationa l academies devoted to the study of law.

Article 71. The Secretary-General shall prepare a list

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in alphabetical order of all the persons thus nomi-nated. Save as provided in Article 12 , paragraph2,these shall be the only persons eligible.

2. The Secretary-General shall submit this listto the General Assembly and to the SecurityCouncil.

Article 8The General Assembly and the Security Coun-cil shall proceed independently of one another toelect the members of the Court.

Article 9At every election, the electors shall bear in mind

not only that the persons to be elected should in-dividually possess the qualifications required, bu talso that in the body as a whole the representa tionof the main forms of civilization and of the prin-cipal legal systems of the world should be assured.

Article 101. Those candidates who obtain an absolute

majority of votes in the G eneral Assembly and inthe Security Council shall be considered as elected.

2. Any vote of the S ecurity Council, whetherfor the election of judges or for the appointmentof m embers of the conference envisaged in A rticle12,shall be taken without any distinction betweenpermanent and non-permanent members of theSecurity Council.

3. In the event of more than one nationa l of thesame state obtaining an absolute majority of thevotes both of the General Assembly and of theSecurity Council, the eldest of these only shall beconsidered as elected.

Article 11If, after the first meeting held for the purpose

of the election, one or more seats remain to befilled, a second and , if necessary, a third meetingshall take place.

Article 121. If, a fter th e third meeting, one or more seats

still remain unfilled, a joint conference consistingof six members, three appointed by the GeneralAssembly and three by the Secu rity Council, maybe formed at any time at the request of either theGeneral Assembly or the Security Council, for thepurpose of choosing by the vote of an absolutemajority one name for each seat still vacant, tosubmit to the General Assembly and the SecurityCouncil for their respective acceptance.

2. If the joint conference is unanimously agreedupon any person who fulfils the required condi-tions, he m ay be included in its list, even thoughhe was not included in the list of nominations re-ferred to in Article 7.

3. If the joint conference is satisfied that it willnot be successful in procuring an election, thosemembers of the Court who have already beenelected shall, within a period to be fixed by theSecurity Council, proceed to fill the vacant seatsby selection from among those candidates whohave obtained votes either in the General Assem-bly or in the Security Council.

4. In the event of an equality of votes amongthe judges, the eldest judge shall have a castingvote.

Article 131. The members of the Court shall be elected

for nine years and may be re-elected; provided,however, that of the judges elected at the first elec-tion, the terms of five judges shall expire at the endof three years and the terms of five more judgesshall expire at th e end of six years.

2. Th e judges whose terms are to expire at theend of the above-mentioned initial periods of threeand six years shall be chosen by lot to be drawnby the Secretary-General immediately after thefirst election has been com pleted.

3. Th e members of the Court shall continue to


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discharge the ir duties un til their places have beenfilled. Though replaced, they shall finish any caseswhich they may have begun.

4. In the case of the resignation of a memberof the C ourt, the resignation shall be addressed tothe President of the Court for transmission to theSecretary-General. This last notification makes theplace vacant.

Article 14Vacancies shall be filled by the same method as

that laid down for the first election, subject to th efollowing provision : the Secretary-General shall,within one month of the occurrence of the vacancy,proceed to issue the invitations provided for inArticle 5, and the date of the election shall be fixedby the Security Council.

Article 15A member of the Court elected to replace a

member whose term of office has not expired shallhold office for the remainder of his predecessor'sterm.

Article 161. No member of the Court may exercise any

political or administrative function, or engage inany other occupation of a professional nature .

2. Any doubt on this point shall be settled bythe decision of the Court.

Article 171. No member of the Court may act as agent,

counse l, or advocate in any case.2 . No mem ber may participate in the decision

of any case in which he has previously taken p artas agent, counsel, or advocate for one of the par-ties, or as a member of a national or internationalcourt, or of a commission of enquiry, or in anyother capacity.

3. Any doubt on this point shall be settled bythe decision of the Court.

Article 181. No member of the Court can be dismissed

unless, in the unanimous opinion of the othermem bers, he has ceased to fulfil the required con-ditions.

2. Form al notification thereof shall be made tothe Secretary-General by the Registrar.

3. This notification makes the place vacant.Article 19

The members of the Court, when engaged onthe business of the Court, shall enjoy diplomaticprivileges and imm unities.

Article 20Every member of the Court shall, before taking

up his duties, make a solemn declaration in opencourt that he will exercise his powers impartiallyand conscientiously.

Article 211. The Court shall elect its President and Vice-

President for three years; they may be re-elected.2. The Court shall appoint its Registrar and

may provide for the appointment of such otherofficers as may be necessary.

Article 221. The seat of the Court shall be established atThe H ague. This, however, shall not prevent theCourt from sitting and exercising its functionselsewhere whenever the Court considers it desir-able.

2. The President and the Registrar shall resideat the seat of the Court.

Article 231. The Court shall remain permanently in

session, except during the judicial vacations,the da tes and duration of which shall be fixedby the Court.

2. Members of the Court are entitled to peri-


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odic leave, the dates and duration of which shallbe fixed by the Court, having in mind th e distancebetween The Hague and the home of each judge.

3. Members of the Court shall be bound, un-less they are on leave or prevented from attend ing

by illness or other serious reasons duly explainedto the President, to hold themselves permanentlyat the disposal of the Court.

Article 241. If, for some special reason, a member of the

Court considers that he should not take part in th edecision of a particular case, he shall so inform thePresident.

2. If the President considers tha t for some spe-cial reason one of the members of the Court shouldnot sit in a particula r case, he shall give him noticeaccordingly.3. If in any such case the member of the Courtand the President disagree, the matter shall besettled by the decision of the Court.

Article 251. Th e full Court shall sit except when it is ex-

pressly provided otherwise in the present Sta tute.2. Subject to the condition that the number of

judges available to constitute the Court is notthereby reduced below eleven, the Rules of theCourt may provide for allowing one or more judges,according to circumstances and in rotation, to bedispensed from sitting.

3. A quorum of nine judges shall suffice to con-stitute the Court.

Article 261 The Court may from time to time form one

or more chambers, composed of three or morejudges as the Court may determine, for dealingwith particular categories of cases; for example,labor cases and cases relating to transit and com-

munications.2. Th e Court may at any time form a chamber

for dealing w ith a particular case. The number ofjudges to constitute such a chamber shall be de-termined by the Court with the approval of theparties.

3. Cases shall be heard and determined by thechambers provided for in this Article if the partiesso request.

Article 27A judgm ent given by any of the chambers pro-vided for in Articles 26 and 29 shall be consideredas rendered by the Court.

Article 28The chambers provided for in Articles 26 and

29 may, with th e consent of the parties, sit and ex-ercise their functions elsewhere than at The Hague.

Article 29W ith a view to the speedy despatch of business,the Court shall form annually a chamber com-posed of five judges which, at the request of thepart ies, may hear and determine cases by summaryprocedure. In addition, two judges shall be se-lected for the purpose of replacing judges who findit impossible to sit.

Article 301. The C ourt shall frame rules for carrying ou tits functions. In particular, it shall lay down rules

of procedure.2. The Rules of the Court may provide for as-

sessors to sit with the Court or with any of itscham bers, without the right to vote.

Article 311. Judges of the nationality of each of the

parties shall retain their right to sit in the casebefore the Court.2. If the Court includes upon the Bench a judgeof the nationality of one of the parties, any otherparty may choose a person to sit as judge. Suchperson shall be chosen preferably from among

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those persons who have been nominated as candi-dates as provided in Articles 4 and 5.

3. If the Court includes upon the Bench nojudge of the nationality of the parties, each of theseparties m ay proceed to choose a judge as providedin paragraph 2 of this Article.

4. Th e provisions of this Article shall apply tothe case of Articles 26 and 29. In such cases, thePresident shall request one or, if necessary, twoof the mem bers of the C ourt forming the chamberto give place to the members of the Court of thenationality of the parties concerned, and, failingsuch, or if they are unable to be present, to thejudges specially chosen by the parties.

5. Should there be several parties in the sameinterest, they shall, for the purpose of the preced-ing provisions, be reckoned as one party only. Anydoubt upon this point shall be settled by the de-cision of the Court.

6. Judges chosen as laid down in para graphs2 , 3 ,and 4 of this Article shall fulfil the conditionsrequired by Articles 2,1 7 (paragraph 2 ) , 20, and24 of the present S tatute. They shall take part inthe decision on terms of complete equality withtheir colleagues.

Article 321. Each member of the Court shall receive anannual salary.

2. The President shall receive a special annua lallowance.

3 .The Vice-President shall receive a specialallowance for every day on which he acts as Pre si-dent.

4. Th e judges chosen under Article 3 1 , otherthan members of the Court, shall receive compen-sation for each^day on which they exercise theirfunctions.

5. The se salaries, allowances, and compensa-tion shall b e fixed by the General Assembly. T heymay not be decreased du ring th e term of office.

6. The salary of the Registrar shall be fixed by

the General Assembly on the proposal of the Court.7. Regulations made by the General Assembly

shall fix the conditions under which retirementpensions may be given to members of the Courtand to the Registrar, and the conditions underwhich members of the Court and the Registrarshall have their traveling expenses refunded.8. The above salaries, allowances, and com-pensation shall be free of all taxation .

Article 33The expenses of the Court sha ll be borne by the

United Nations in such a manner as shall be de-cided by the General Assembly.

CHAPTERIICOMPETENCE OF THE COURT

Article 341. Only states may be parties in cases before

the Court.2. The Court, subject to and in conformity with

its Rules, may request of public international or-ganizations information relevant to cases before it,and shall receive such information presented bysuch organizations on their own initiative.

3 . Whenever the construction of the constitu-ent instrument of a public international organi-zation or of an international convention adoptedthereunder is in question in a case before the Court,the Registrar shall so notify the public interna-tional organization concerned and shall communi-cate to it copies of all the w ritten proceedings.

Article 351. The C ourt shall be open to the states partiesto the present Statute.

2 . The conditions under which the Court shallbe open to other states sh all, subject to the specialprovisions contained in treaties in force, be laid

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down by the Security Council, but in no case shallsuch conditions place the parties in a position ofinequality before the C ourt.

3. When a state which is not a Member of theUnited Nations is a party to a case, the Court shallfix the amount which that party is to contributetowards the expenses of the C ourt. This provisionshall not apply if such state is bearing a share ofthe expenses of the Court.

Article 361. The jurisdiction of the Court comprises all

cases which the parties refer to it and all mattersspecially provided for in the Charter of the UnitedNations or in treaties and conventions in force.

2. The states parties to the present Statute mayat any time declare that they recognize as compul-soryipso factoand without special agreement, inrelation to any other state accepting the same obli-gation, the jurisdiction of the Court in all legaldisputes concerning:

a. the interpretation of a treaty;b. any question of international law;c. the existence of any fact which, if estab-

lished, would constitute a breach of an inter-nationa l obligation ;

d. the natu re or extent of the reparation tobe made for the breach of an international ob-ligation.3. The declarations referred to above may be

made unconditionally or on condition of reci-procity on the p art of several or certain states, orfor a certain time .

4. Such declarations shall be deposited withthe Secretary-General of the United Nations, whoshall transmit copies thereof to the parties to theStatute and to the Registrar of the Court.

5. Declarations made under Article 36 of theStatute of the Permanent Court of InternationalJustice an d which a re still in force shall be deemed,as between the parties to the present S tatute, to beacceptances of the compulsory jurisdiction of the

Intern ational Court of Justice for the period whichthey still have to run and in accordance with theirterms.

6. In the event of a dispute as to whether theCourt has jurisdiction, the matter shall be settledby the decision of the Court.

Article 37Whenever a treaty or convention in force pro-vides for reference of a matter to a tribunal to havebeen instituted by the League of Nations, or to thePermanent Court of International Justice, thema tter shall, as between the parties to the presentStatute, be referred to the International Court ofJustice. Article 38

1. The Court, whose function is to decide inaccordance with international law such disputesas are submitted to it, shall apply:

a. international conventions, whether gen-eral or particular, establishing rules expresslyrecognized by the contesting states ;

b. international custom, as evidence of ageneral practice accepted as law;

c. the general principles of law recognizedby civilized nations ;

d. subject to the provisions of Article 59 ,judicial decisions and the teachings of the mosthighly qualified publicists of the various na-tions, as subsidiary means for the determinationof rules of law.2. This provision shall not prejudice the power

of the Court to decide a case ex aequo etbond ifthe parties agree thereto.

CHAPTER IIIPROCEDURE

Article 391. Th e official languages of the Court shall be

French and English. If the parties agree that the


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case shall be conducted in French, the judgmentshall be delivered in French. If the parties agreethat the case shall be conducted in English, thejudgment shall be delivered in English.

2. In the absence of an agreement as to whichlanguage shall be employed, each party may, inthe pleadings, use the language which it prefers;the decision of the Court shall be given in Frenchand English. In this case the Court shall at thesame time determine which of the two texts shallbe considered as authoritative.

3. The Court shall, at the request of any party,authorize a language o ther than French or Englishto be used by that pa rty.

Article 401. Cases are brought before the Court, as thecase may be, either by the notification of the special

agreement or by a written application addressedto the Registrar. In either case the subject of thedispute and the parties shall be indicated.

2. The Registrar shall forthwith communicatethe application to all concerned.

3. He shall also notify the Members of theUnited Nations through the Secretary-General,and also any other states entitled to appear beforethe Court.

Article 411. The Court shall have the power to indicate,

if it considers that circumstances so require, anyprovisional measures which ought to be taken topreserve the respective rights of either party.

2 . Pending the final decision, notice of themeasures suggested shall forthwith be given to theparties and to the Security Council.

Article 421. Th e parties shall be represented by agents.2. They may have the assistance of counsel or

advocates before the Court.3. Th e agents , counsel, and advocates of par-

ties before the Court shall enjoy the privilegesand immunities necessary to the independent ex-ercise of their duties.

Article 431. The procedure shall consist of two parts:

written and oral.2. The written proceedings shall consist ofthe communication to the Court and to the partiesof memorials, counter-memorials and, if neces-sary, replies; also all papers and documents insupport.

3. These communications shall be madethrough the Registrar, in the order and within thetime fixed by the Court.

4. A certified copy of every document producedby one party shall be communicated to the otherparty.

5. The oral proceedings shall consist of thehearing by the Court of witnesses, experts, agents,counsel, and advocates.

Article 441. For the service of all notices upon persons

other than the agen ts, counsel, and advocates, theCourt shall apply direct to the government of thestate upon whose territory the notice has to beserved.

2. The same provision shall apply wheneversteps are to be taken to procure evidence on thespot.

Article 45The hearing shall be under the control of the

President or, if he is unable to preside, of the Vice-Preside nt; if neither is able to preside, the seniorjudge present shall preside.

Article 46The hearing in Court shall be public, unless the

Court shall decide otherwise, or unless the partiesdemand that the public be not admitted.

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Article 471. Minutes shall be made at each hearing and

signed by the Registrar and the President.2. These minutes alone shall be authentic.

Article 48The C ourt sha ll make orders for the conduct of

the case, shall decide the form and time in whicheach party must conclude its arguments, and makeall arrangements connected with the taking ofevidence.

Article 49The Court may, even before the hearing begins,

call upon the agents to produce any document orto supply any explanations. Formal note shall betaken of any refusal.

Article 50The Court may, at any time, entrust any indi-

vidual, body, bureau, comm ission, or other organ-ization tha t it m ay select, with the task of ca rryingout an enquiry or giving an expert opinion.

Article 51During the hearing any relevant questions are

to be put to the witnesses and experts under theconditions laid down by the Court in the rules ofprocedure referred to in Article 3 0.

Article 52After the Court has received the proofs and evi-

dence within the time specified for the purpose,it may refuse to accept any further oral or writtenevidence that one party may desire to present un-less the other side consents.

Article 531. Whenever one of the parties does not appearbefore the Court, or fails to defend its case, theother party m ay call upon the Court to decide infavor of its claim .

2 . Th e Court must, before doing so, satisfy it-self not only tha t it has jurisdiction in accordancewith Articles 3 6 and 3 7, but also that the claim iswell founded in fact and law.

Article 541. When, subject to the control of the Court,

the a gents, counsel, and advocates have completedtheir presentation of the case, the President shalldeclare the hearing closed.

2. The Court shall withdraw to consider thejudgment.

3. The deliberations of the Court shall takeplace in private and remain secret.

Article 551. All questions shall be decided by a maj ority

of the judges present.2 . In the event of an equality of votes, the Pres-ident or the judge who acts in his place shall havea casting vote.

Article 561. The judgment shall state the reasons on

which it is based.2. It shall contain the names of the judges who

have taken part in the decision.Article 57

If the judgment does not represent in whole orin part the unanimous opinion of the judges, anyjudge sh all be entitled to deliver a separate opinion.

Article 58The judgment shall be signed by the President

and by the Registrar. It shall be read in open court,due notice having heen given to the agents.

Article 59Th e decision of the Court has no binding force

except between the parties and in respect of thatparticular case.

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Article 60The judgment is final and without appeal. In

the event of dispute as to the meaning or scope ofthe judgment, the Court shall construe it upon therequest of any party.

Article 611. An application for revision of a judgment

may be made only when it is based upon the dis-covery of some fact of such a n ature as to be a de-cisive factor, which fact was, when th e judgm entwas given, unknown to the Court and also to theparty claiming revision, always provided tha t suchignorance was not due to negligence.

2 . The proceedings for revision shall be openedby a judgment of the Court expressly recording theexistence of the new fact, recognizing that it hassuch a character as to lay the case open to revision,and declaring the application admissible on thisground.

3. The Court may require previous compliancewith the terms of the judgment before it admitsproceedings in revision.

4 . The application for revision must be madeat latest w ithin six months of the discov

U.N. Charter-Statute of the International Court of Justice

Documents

Transcript of U.N. Charter-Statute of the International Court of Justice