Chapter I of the
United Nations Charter
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
lays out the purposes and principles of the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
organization. These principles include the equality and
self-determination
The right of a people to self-determination is a cardinal principle in modern international law (commonly regarded as a ''jus cogens'' rule), binding, as such, on the United Nations as authoritative interpretation of the Charter's norms. It stat ...
of nations, respect of
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
and
fundamental freedoms
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Susta ...
and the obligation of member countries to obey the Charter, to cooperate with the
UN Security Council
The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, and ...
and to use peaceful means to resolve conflicts. These "purposes and principles" reflect a premise that the effectiveness of the United Nations would be enhanced with broad guidelines to guide the actions of its Organisations and member states. However, some members were concerned that these proposals granted what they considered overly broad discretionary powers for the organs of the United Nations in the
Dumbarton Oaks Conference
The Dumbarton Oaks Conference, or, more formally, the Washington Conversations on International Peace and Security Organization, was an international conference at which proposals for the establishment of a "general international organization", w ...
proposals. And the adopted purposes and principles have been seen as reflecting the compromise achieved.
Article 1: Purposes of the United Nations
The adopted purposes of the United Nations reflect a premise that are the effective
Dumbarton Oaks
Dumbarton Oaks, formally the Dumbarton Oaks Research Library and Collection, is a historic estate in the Georgetown neighborhood of Washington, D.C. It was the residence and garden of wealthy U.S. diplomat Robert Woods Bliss and his wife, M ...
proposals. I.e. :"
# To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;
# To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;
# To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and
# To be a centre for harmonizing the actions of nations in the attainment of these common ends."
Article 2: Principles of the United Nations
"The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.
# The Organization is based on the principle of the sovereign equality of all its Members.
# All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.
# All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.
# All Members shall refrain in their
international relations
International relations (IR), sometimes referred to as international studies and international affairs, is the scientific study of interactions between sovereign states. In a broader sense, it concerns all activities between states—such as ...
from the
threat
A threat is a communication of intent to inflict harm or loss on another person. Intimidation is a tactic used between conflicting parties to make the other timid or psychologically insecure for coercion or control. The act of intimidation for co ...
or
use of force
The use of force, in the context of law enforcement, may be defined as the "amount of effort required by police to compel compliance by an unwilling subject".
Use of force doctrines can be employed by law enforcement officers and military perso ...
against the
territorial integrity
Territorial integrity is the principle under international law that gives the right to sovereign states to defend their borders and all territory in them of another state. It is enshrined in Article 2(4) of the UN Charter and has been recognized ...
or
political independence
Independence is a condition of a person, nation, country, or state in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the ...
of any state, or in any other manner inconsistent with the Purposes of the United Nations.
# All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.
# The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.
# Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll."
Article 2, clauses 3-4 essentially prohibit threat or use of force as well as
war
War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...
(except in self-defense; The right to self-defense is reaffirmed in Article 51, which states, "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 ...").
Article 2, clauses 4-5 essentially prohibits also (support of) activities against the territorial integrity or political independence of another state (including covert operations).
Article 2, clause 7 of this chapter reemphasizes the fact that only the UN Security Council has the power to force any country to do anything by stating that "Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under
Chapter VII." (Only the Security Council can institute Chapter VII enforcement measures.)
See also
*
Crime of aggression
A crime of aggression or crime against peace is the planning, initiation, or execution of a large-scale and serious act of aggression using state military force. The definition and scope of the crime is controversial. The Rome Statute contains an ...
*
Universal jurisdiction
Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, ...
*
Kellogg-Briand Pact
References
{{DEFAULTSORT:Chapter 01 Of The United Nations Charter
Divisions and sections of the Charter of the United Nations
United Nations documents