Withdrawal from the United Nations by member states is not provided for in the
United Nations Charter. According to the
Government Information Office of
Taiwan (the Republic of China):
:The U.N. Charter deliberately made no provision for the withdrawal of member governments, largely to prevent the threat of withdrawal from being used as a form of political blackmail, or to evade obligations under the Charter.
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
’s withdrawal from the League of Nations in March, 1933 (to signal its repudiation of the League's condemnation of Japan's invasion of China) was very much on the minds of the Charter's drafters. (The other two major
Axis powers,
Germany and
Italy, also withdrew from the League.) Some have questioned, therefore, whether it is even permissible for Members to withdraw from the U.N. The only other example of an effort to withdraw — by
Indonesia in 1965 — actually tends to show that withdrawal, at least in the short term, has no force or effect.
The ROC holds this opinion against the fact of its removal from the UN to make way for the
People's Republic of China. See
China and the United Nations.
Nevertheless, under
customary international law
Customary international law is an aspect of international law involving the principle of custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its ...
, there exists the principle of ''
rebus sic stantibus'', or "things standing thus." Under this principle, a state may withdraw from a treaty which has no withdrawal provisions only if there has been some substantial unforeseen change in circumstances, such as when the object of the treaty becomes moot or when a material breach is committed by a treaty party. ''Rebus sic stantibus'' has been narrowly construed (although not referred to by name) in Articles 61 and 62 of the
Vienna Convention on the Law of Treaties. Therefore, under either customary international law or the Vienna Convention, it is unlikely that the U.N. would recognize the right of a state to unilaterally withdraw from the UN unless some fundamental change has occurred. In contrast to these arguments,
sovereign
''Sovereign'' is a title which can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin , meaning 'above'.
The roles of a sovereign vary from monarch, ruler or ...
states have the
right to repudiate any treaty. There are centuries of precedent for this. Also,
Article 2 of the United Nations Charter specifically recognises "the principle of the sovereign equality" of all member states of the United Nations.
Indonesian withdrawal
Indonesia was the first member to attempt to withdraw from the UN. On New Year's Day, 1965, Indonesia, due to its ongoing
confrontation
Confrontation is an element of conflict wherein parties confront one another, directly engaging one another in the course of a dispute between them. A confrontation can be at any scale, between any number of people, between entire nations or cul ...
with
Malaysia, announced that it would withdraw from the UN if Malaysia were to take a seat on the
Security Council. Three weeks later, Indonesia officially confirmed its withdrawal in a letter to the
Secretary-General, who merely noted the decision and expressed hope that Indonesia would soon "resume full cooperation" with the organization. After
a coup later that year and subsequent
transition of power
A peaceful transition or transfer of power is a concept important to democratic governments in which the leadership of a government peacefully hands over control of government to a newly-elected leadership. This may be after elections or during t ...
, Indonesia sent a telegram to the Secretary-General saying the country would "resume full cooperation with the UN and
..resume participation in its activities." Pointing to the telegram as proof that Indonesia saw its absence from the UN as a "cessation of cooperation" rather than a true withdrawal, the General Assembly's president recommended that the administrative procedure for reinstating Indonesia be taken with a minimum of fuss. No objections were raised, and Indonesia immediately resumed its place in the
General Assembly. Thus, the questions raised by the first case of withdrawal from the UN were resolved by treating it as if it had not been a withdrawal at all.
Proposed U.S. withdrawal
Some right of center organizations in the United States have supported U.S. withdrawal from the UN, including the
John Birch Society and
Constitution Party.
Bills to end U.S. membership in the UN have been introduced in the
United States House of Representatives, for example the ''American Sovereignty Restoration Act of 2009'' (introduced as on February 24, 2009 by
Republican Ron Paul
Ronald Ernest Paul (born August 20, 1935) is an American author, activist, physician and retired politician who served as the U.S. representative for Texas's 22nd congressional district from 1976 to 1977 and again from 1979 to 1985, as well ...
) and ''American Sovereignty Restoration Act of 2017'' (, introduced January 3, 2017 by
Republican Mike Rogers). Such measures have failed to pass by large margins.
Proposed Philippine withdrawal
In an August 2016 press conference, the
President of the Philippines,
Rodrigo Duterte
Rodrigo Roa Duterte (, ; born March 28, 1945), also known as Digong, Rody, and by the initials DU30 and PRRD, is a Filipino lawyer and politician who served as the 16th president of the Philippines from 2016 to 2022. He is the chairperson ...
—angered at criticism from the United Nations over
extrajudicial killings in the
Philippine Drug War—threatened to withdraw the Philippines from the United Nations.
[
*Euan McKirdy]
Philippines President Rodrigo Duterte insults UN, threatens to leave over criticism
CNN (August 21, 2016).
*Felipe Villamor
Rodrigo Duterte of Philippines Calls U.N. Human Rights Chief an ‘Idiot’
''New York Times'' (December 22, 2016). Duterte, addressing
United Nations High Commissioner for Human Rights,
Zeid Ra’ad al-Hussein
Prince Zeid bin Ra'ad bin Zeid al-Hussein ( ar, زيد ابن رعد الحسين; born 26 January 1964) is a Jordanian former diplomat who is the Perry World House Professor of the Practice of Law and Human Rights at the University of Pennsylvan ...
said: "Maybe we'll just have to decide to separate from the United Nations. If you are that insulting, son of a bitch, we should just leave."
Duterte also stated: "I will burn down the United States if I want. I will burn it down if I go to America."
Following a storm of international publicity, Duterte said the next day that his statement about pulling out of the UN was a "joke" while still criticizing the UN.
[Alexis Romero]
Duterte on threat to leave UN: Just joking
''Philippine Star'' (August 24, 2016). Philippine Foreign Affairs Secretary
Perfecto Yasay Jr.
Perfecto Rivas Yasay Jr. (January 27, 1947June 12, 2020) was a Philippine government official who served as Secretary of Foreign Affairs of the Philippines under the Duterte administration in an ''ad interim'' basis from June 30, 2016, until ...
stated “We are committed to the UN despite our numerous frustrations with this international agency."
References
{{DEFAULTSORT:Withdrawal From The United Nations
United Nations relations
Criticism of the United Nations
Withdrawment of international organizations