September 30, 2022

Simplifying the UN Charter-Part V- Pacific Settlement, use of force by Security council and Military staff committee

This article is a part of the lawmatics series on ‘Simplifying the Charter of United Nation’. In our last articles, we have discussed the

Part I- purposes and principles of United Nation ,

Part II- Membership and Organs of United Nations,

Part III- General Assembly, and

Part IV- Security Council, as per its charter.

In this article, we will discuss chapter VI and VII. These chapters explain the procedures to resolve the disputes by pacific settlement and if needed, appropriate force by security council, and establishment of military staff committee.

CHAPTER VI PACIFIC SETTLEMENT OF DISPUTES

Article 33 (Pacific medium to resolve the dispute)

1. The parties to any dispute, shall, first of all, seek a solution

  • by negotiation,
  • enquiry,
  • mediation,
  • conciliation,
  • arbitration,
  • judicial settlement,
  • resort to regional agencies or arrangements, or
  • other peaceful means of their own choice.

2. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.

Article 34 (Investigation by Security Council)

The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security.

Article 35 (Bringing the dispute for attention)

Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly.

Article 36 (Recommendations by Security council to resolve the dispute)

1. The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appropriate procedures or methods of adjustment.

2. The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties.

3. In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice.

Article 37 (Referring to the security council)

1. Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council.

Article 38 (Recommendations at the request of the parties)

Security Council may, if all the parties to any dispute so request, make recommendations to the parties with a view to a pacific settlement of the dispute.

CHAPTER VII- ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE, AND ACTS OF AGGRESSION

Article 39 (Determination of existence of any threat)

The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.

Article 40

In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable.

Article 41 (Measures to give effect the decision of security council)

The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures.

These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

Article 42 (Forceful action)

Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security.

Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

Article 43 (Duty to be available at call of security council)

1. All Members of the United Nations,

  • in order to contribute to the maintenance of international peace and security,
  • undertake to make available to the Security Council,
  • on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities,
  • including rights of passage, necessary for the purpose of maintaining international peace and security.

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

3. The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security Council and Members or between the Security Council and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.

Article 44

When the Security Council has decided to use force it shall, before calling upon a Member not represented on it to provide armed forces in fulfillment of the obligations assumed under Article 43,

invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that Member’s armed forces.

Article 45

In order to enable the United Nations to take urgent military measures, Members shall hold immediately available national air-force contingents for combined international enforcement action.

Article 46

Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee.

MILITARY STAFF COMMITTEE

Article 47

Object

1. There shall be established a Military Staff Committee to advise and assist the Security Council on all questions relating to the Security Council’s military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament.

Composition

2. The Military Staff Committee shall consist of the

  • Chiefs of Staff of the permanent members of the Security Council or their representatives.
  • Any Member of the United Nations not permanently represented on the Committee shall be invited by the Committee to be associated with it when the efficient discharge of the Committee’s responsibilities requires the participation of that Member in its work.

Duty

3. The Military Staff Committee shall be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council.

Regional Staff Committees

4. The Military Staff Committee, with the authorization of the Security Council and after consultation with appropriate regional agencies, may establish regional subcommittees.

Article 48 (Decision to take action shall be taken by all members)

1. The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the United Nations or by some of them, as the Security Council may determine.

2. Such decisions shall be carried out by the Members of the United Nations directly and through their action in the appropriate international agencies of which they are members.

Article 49

The Members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council.

Article 50

If preventive or enforcement measures against any state are taken by the Security Council,

  • any other state, whether a Member of the United Nations or not,
  • which finds itself confronted with special economic problems
  • arising from the carrying out of those measures
  • shall have the right to consult the Security Council
  • with regard to a solution of those problems.

Article 51

Nothing in the present Charter shall

  • impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations,
  • until the Security Council has taken the measures necessary to maintain international peace and security.
  • Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Security Council and
  • shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action
  • as it deems necessary in order to maintain or restore international peace and security.

Reference

Charter of the United Nation Organization