CHARTER OF THE UNITED NATIONS
AND
STATUTE
OF THE
INTERNATIONAL
COURT
OF JUSTICE
SAN
FRANCISCO
• 1945
CHARTER
OF
THE UNITED NATIONS
WE THE PEOPLES OF THE UNITED NATIONS
DETERMINED
to save succeeding generations from the scourge of war, which twice in our life-
time has brought untold sorrow to mankind, and
to reaffirm faith in fundamental human rights, in the dignity and worth of the
human person, in the equal rights of men and women and of nations large and
small, and
to establish conditions under which justice and respect for the obligations arising
from treaties and other sources of international law can be maintained, and
to promote social progress and better standards of life in larger freedom,
AND FOR THESE ENDS
to practice tolerance and live together in peace with one another as good
neighbors, and
to unite our strength to maintain international peace and security, and
to ensure, by the acceptance of principles and the institution of methods, that
armed force shall not be used, save in the common interest, and
to employ international machinery for the promotion of the economic and social
advancement of all peoples,
HAVE RESOLVED TO COMBINE OUR EFFORTS
TO ACCOMPLISH THESE AIMS.
Accordingly, our respective Governments, through representatives assembled in
the city of San Francisco, who have exhibited their full powers found to be in good
and due form, have agreed to the present Charter of the United Nations and do
hereby establish an international organization to be known as the United Nations.
CHAPTER I
PURPOSES AND PRINCIPLES
Article 1
The^Purposes of the United Nations are:
1.
To maintain international peace and se-
curity, and to that end: to take effective collec-
tive 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 con-
formity with the principles of justice and inter-
national law, adjustment or settlement of inter-
national disputes or situations which might lead
to a breach of the peace;
2.
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 univer-
sal peace;
3.
To achieve international cooperation 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 with-
out distinction as to race, sex, language, or re-
ligion; and
4.
To be a center for harmonizing the actions
of nations in the attainment of these common ends.
Article 2
The Organization and its Members, in pursuit
of the Purposes stated in Article 1, shall act in
accordance with the following Principles.
1.
The Organization is based on the principle
of the sovereign equality of all its Members.
2.
All Members, in order to ensure to all of
them the rights and benefits resulting from mem-
bership, shall fulfil in good faith the obligations
assumed by them in accordance with the present
Charter.
3.
All Members shall settle their international
disputes by peaceful means in such a manner that
international peace and security, and justice, are
not endangered.
4.
All Members shall refrain in their interna-
tional relations from the threat or use of force
against the territorial integrity or political inde-
pendence of any state, or in any other manner
inconsistent with the Purposes of the United
Nations.
5.
All Members shall give the United Nations
every assistance in any action it takes in accord-
ance with the present Charter, and shall refrain
from giving assistance to any state against which
the United Nations is taking preventive or enforce-
ment action.
6. 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.
7.
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 Mem-
bers to submit such matters to settlement under
the present Charter; but this principle shall not
prejudice the application of enforcement meas-
ures under Chapter VII.
CHAPTER II
MEMBERSHIP
Article 3
The original Members of the United Nations
shall be the states which, having participated in
the United Nations Conference on International
Organization at San Francisco, or having previ-
ously signed the Declaration by United Nations
of January
1,1942,
sign the present Charter and
ratify it in accordance with Article 110.
Article 4
1.
Membership in the United Nations is open
to all other peace-loving states which accept the
obligations contained in the present Charter and,
in the judgment of the Organization, are able and
willing to carry out these obligations.
2.
The admission of any such state to mem-
bership in the United Nations will be effected by a
decision of the General Assembly upon the recom-
mendation of the Security Council.
Article 5
/
A Member of the United Nations against which
preventive or enforcement action has been taken
by the Security Council may be suspended from
the exercise of the rights and privileges of mem-
bership by the General Assembly upon the recom-
mendation of the Security Council. The exercise
of these rights and privileges may be restored by
the Security Council.
Article 6
A Member of the United Nations which has
persistently violated the Principles contained in
the present Charter may be expelled from the
Organization by the General Assembly upon the
recommendation of the Security Council.
CHAPTER
III
ORGANS
Article 7
1.
There are established as the principal or-
gans of the United Nations: a General Assem-
bly, a Security Council, an Economic and Social
Council, a Trusteeship Council, an International
Court of Justice, and a Secretariat.
2.
Such subsidiary organs as may be found
necessary may be established in accordance with
the present Charter.
Article 8
The United Nations shall place no restrictions
on the eligibility of men and women to participate
in any capacity and under conditions of equality
in-its principal and subsidiary organs.
CHAPTER
IV
THE GENERAL ASSEMBLY
Composition
Article 9
1.
The General Assembly shall consist of all
the Members of the United Nations.
2.
Each Member shall have not more than five
representatives in the General Assembly.
Functions and Powers
Article 10
The General Assembly may discuss any ques-
tions or any matters within the scope of the present
Charter or relating to the powers and functions of
any organs provided for in the present Charter,
and, except as provided in Article 12, may make
recommendations to the Members of the United
Nations or to the Security Council or to both on
any such questions or matters.
Article 11
1.
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 the
regulation of armaments, and may make recom-
mendations with regard to such principles to the
Members or to the Security Council or to both.
2.
The General Assembly may discuss any
questions relating to the maintenance of inter-
national peace and security brought before it by
any Member of the United Nations, or by the
Security Council, or by a state which is not a
Member of the United Nations in accordance with
Article 35, paragraph 2, and, except as provided
in Article 12, may make recommendations with
regard to any such questions to the state or states
concerned or to the Security Council or to both.
Any such question on which action is necessary
shall be referred to the Security Council by the
General Assembly either before or after dis-
cussion.
3.
The General Assembly may call the atten-
tion of the Security Council to situations which
are likely to endanger international peace and
security.
4.
The powers of the General Assembly set
forth in this Article shall not limit the general
scope of Article 10.
Article 12
1.
While the Security Council is exercising in
respect of any dispute or situation the functions
assigned to it in the present Charter, the General
Assembly shall not make any recommendation
with regard to that dispute or situation unless the
Security Council so requests.
2.
The Secretary-General, with the consent of
the Security Council, shall notify the General
Assembly at each session of any matters relative
to the maintenance of international peace and
security which are being dealt with by the Security
Council and shall similarly notify the General
Assembly, or the Members of the United Nations
if the General Assembly is not in session, immedi-
ately the Security Council ceases to deal with such
matters.
Article 13
1.
The General Assembly shall initiate studies
and make recommendations for the purpose of :
a. promoting international cooperation in
the political field and encouraging the progres-
sive development of international law and its
codification;
b.
promoting international cooperation in
the economic, social, cultural, educational, and
health fields, and assisting in the realization of
human rights and fundamental freedoms for
all without distinction as to race, sex, language,
or religion.
2.
The further responsibilities, functions, and
powers of the General Assembly with respect to
matters mentioned in paragraph l(b) above are
set forth in Chapters IX and X.
Article 14
Subject to the provisions of Article 12, the
General Assembly may recommend measures for
the peaceful adjustment of any situation, regard-
less of origin, which it deems likely to impair the
general welfare or friendly relations among na-
tions,
including situations resulting from a viola-
tion of the provisions of the present Charter setting
forth the Purposes and Principles of the United
Nations.
Article 15
1.
The General Assembly shall receive and
consider annual and special reports from the Se-
curity Council; these reports shall include an
account of the measures that the Security Council
has decided upon or taken to maintain interna-
tional peace and security.
2.
The General Assembly shall receive and
consider reports from the other organs of the
United Nations.
Article 16
The 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 the
trusteeship agreements for areas not designated
as strategic.
Article 17
1.
The General Assembly shall consider and
approve the budget of the Organization.
2.
The expenses of the Organization shall be
borne by the Members as apportioned by the
General Assembly.
3.
The General Assembly shall consider and
approve any financial and budgetary arrange-
ments with specialized agencies referred to in
Article 57 and shall examine the administra-
tive budgets of such specialized agencies with a
view to making recommendations to the agencies
concerned.
Voting
Article 18
1.
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-thirds
majority of the members present and voting.
These questions shall include: recommendations
with respect to the maintenance of international
peace and security, the election of the non-perma-
nent members of the Security Council, the elec-
tion of the members of the Economic and Social
Council, the election of members of the Trustee-
ship Council in accordance with paragraph l(c)
of Article 86, the admission of new Members to
the United Nations, the suspension of the rights
and privileges of membership, the expulsion of
Members, questions relating to the operation of
the trusteeship system, and budgetary questions.
3.
Decisions on other questions, including the
determination of additional categories of ques-
tions to be decided by a two-thirds majority, shall
be made by a majority of the members present
and voting.
Article 19
A Member of the United Nations which is in
arrears in the payment of its financial contribu-
tions to the Organization shall have no vote in
the General Assembly if the amount of its arrears
equals or exceeds the amount of the contributions
due from it for the preceding two full years. The
General Assembly may, nevertheless, permit such
a Member to vote if it is satisfied that the failure
to pay is due to conditions beyond the control of
the Member.
Procedure
Article 20
The General Assembly shall meet in regular
annual sessions and in such special sessions as
occasion may require. Special sessions shall be
convoked by the Secretary-General at the request
of the Security Council or of a majority of the
Members of the United Nations.
Article 21
The General Assembly shall adopt its own rules
of procedure. It shall elect its President for each
session.
Article 22
The General Assembly may establish such
subsidiary organs as it deems necessary for the
performance of its functions.
CHAPTER
V
THE SECURITY COUNCIL
Composition
Article 23
1.
The Security Council shall consist of eleven
Members of the United Nations. The Republic
of China, France, the Union of Soviet Socialist
Republics, the United Kingdom of Great Britain
and Northern Ireland, and the United States of
America shall be permanent members of the
Security Council. The General Assembly shall
elect six other Members of the United Nations to
be non-permanent members of the Security Coun-
cil,
due regard being specially paid, in the first
instance to the contribution of Members of the
United Nations to the maintenance of interna-
tional peace and security and to the other pur-
poses of the Organization, and also to equitable
geographical distribution.
2.
The non-permanent members of the Se-
curity Council shall be elected for a term of two
years.
In the first election of the non-permanent
members, however, three shall be chosen for a
term of one year. A retiring member shall not be
eligible for immediate re-election.
3.
Each member of the Security Council shall
have one representative.
Functions and Powers
Article 24
1.
In order to ensure prompt and effective
action by the United Nations, its Members confer
on the Security Council primary responsibility
for the maintenance of international peace and
security, and agree that in carrying out its duties
under this responsibility the Security Council acts
on their
behalf.
2.
In discharging these duties the Security
Council shall act in accordance with the Purposes
and Principles of the United Nations. The specific
powers granted to the Security Council for the
discharge of these duties are laid down in Chapters
VI,
VII, VIII, and XII.
3.
The Security Council shall submit annual
and, when necessary, special reports to the Gen-
eral Assembly for its consideration.
Article 25
The Members of the United Nations agree to
accept and carry out the decisions of the Security
Council in accordance with the present Charter.
Article 26
In order to promote the establishment and
maintenance of international peace and security
with the least diversion for armaments of the
world'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 for
the establishment of a system for the regulation
"of armaments.
Voting
Article 27
1.
Each member of the Security Council shall
have one vote.
2.
Decisions of the Security Council on pro-
cedural matters shall be made by an affirmative
vote of seven members.
3.
Decisions of the Security Council on all
other matters shall be made by an affirmative vote
of seven members including the concurring votes
of the permanent members ; provided that, in deci-
sions under Chapter VI, and under paragraph 3
of Article 52, a party to a dispute shall abstain
from voting.
Procedure
Article
1.
The Security Council shall be so organized
as to be able to function continuously. Each
member of the Security Council shall for this pur-
pose be represented at all times at the seat of the
Organization.
2.
The Security Council shall hold periodic
meetings at which each of its members may, if it
so desires, be represented by a member of the
government or by some other specially designated
representative.
3.
The Security Council may hold meetings at
such places other than the seat of the Organization
as in its judgment will best facilitate its work.
Article 29
The Security Council may establish such sub-
sidiary organs as it deems necessary for the per-
formance of its functions.
Article 30
The Security Council shall adopt its own rules
of procedure, including the method of selecting
its President.
Article 31
Any Member of the United Nations which is not
a member of the Security Council may participate,
without vote, in the discussion of any question
brought before the Security Council whenever the
latter considers that the interests of that Member
are specially affected.
Article 32
Any Member of the United Nations which is
not a member of the Security Council or any state
which is not a Member of the United Nations, if
it is a party to a dispute under consideration by
the Security Council, shall be invited to partici-
pate,
without vote, in the discussion relating to
the dispute. The Security Council shall lay down
such conditions as it deems just for the participa-
tion, of a state which is not a Member of the United
Nations.
CHAPTER
VI
PACIFIC SETTLEMENT OF DISPUTES
Article 33
1.
The parties to any dispute, the continuance
of which is likely to endanger the maintenance of
international peace and security, shall, first of all,
seek a solution by negotiation, enquiry, mediation,
conciliation, arbitration, judicial settlement, re-
sort 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
The Security Council may investigate any dis-
pute,
or any situation which might lead to inter-
national friction or give rise to a dispute, in order
to determine whether the continuance of the dis-
pute or situation is likely to endanger the main-
tenance of international peace and security.
Article 35
1.
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.
2.
A state which is not a Member of the United
Nations may bring to the attention of the Security
Council or of the General Assembly any dispute
to which it is a party if it accepts in advance, for
the purposes of the dispute, the obligations of
pacific settlement provided in the present Charter.
3.
The proceedings of the General Assembly
in respect of matters brought to its attention under
this Article will be subject to the provisions of
Articles 11 and 12.
Article 36
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 appro-
priate procedures or methods of adjustment.
2.
The Security Council should take into con-
sideration any procedures for the settlement of
the dispute which have already been adopted by
the parties.
3.
In making recommendations under this Ar-
ticle the Security Council should also take into
consideration that legal disputes should as a gen-
eral rule be referred by the parties to the Interna-
tional Court of Justice in accordance with the
provisions of the Statute of the Court.
Article 37
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.
8
2.
If the Security Council deems that the con-
tinuance of the dispute is in fact likely to endanger
the maintenance of international peace and se-
curity, it shall decide whether to take action under
Article 36 or to recommend such terms of settle-
ment as it may consider appropriate.
Article 38
Without prejudice to the provisions of Articles
33 to 37, the Security 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 W
ACTION WITH RESPECT TO THREATS TO
THE PEACE, BREACHES OF THE PEACE,
AND ACTS OF AGGRESSION
Article 39
The Security Council shall determine the exist-
ence of any threat to the peace, breach of the
peace, or act of aggression and shall make recom-
mendations, or decide what measures shall be
taken in accordance with Articles 41 and 42, to
maintain or restore international peace and se-
curity.
Article 40
In order to prevent an aggravation of the situa-
tion, 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 meas-
ures as it deems necessary or desirable. Such pro-
visional measures shall be without prejudice to the
rights, claims, or position of the parties concerned.
The Security Council shall duly take account of
failure to comply with such provisional measures.
Article 41
The 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 may
call upon the Members of the United Nations to
apply such measures. These may include com-
plete or partial interruption of economic relations
and of rail, sea, air, postal, telegraphic, radio,
and other means of communication, and the sev-
erance of diplomatic relations.
Article 42
Should the Security Council consider that meas-
ures provided for in Article 41 would be inade-
quate 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
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 accord-
ance 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 ne-
gotiated as soon as possible on the initiative of the
Security Council. They shall be concluded be-
tween the Security Council and Members or be-
tween the Security Council and groups of Members
and shall be subject to ratification by the signatory
states in accordance with their respective constitu-
tional 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 ful-
filhnent 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 contin-
gents 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 contin-
gents for combined international enforcement ac-
tion. The strength and degree of readiness of these
contingents and plans for their combined action
shall be determined, within the limits laid down in
the special agreement or agreements referred to
in Article 43, by the Security Council with the
assistance of the Military Staff Committee.
Article 46
Plans for the application of armed force shall
be made by the Security Council with the assist-
ance of the Military Staff Committee.
Article 47
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 mainte-
nance of international peace and security, the em-
ployment and command of forces placed at its
disposal, the regulation of armaments, and pos-
sible disarmament.
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 perma-
nently represented on the Committee shall be in-
vited 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.
3.
The Military Staff Committee shall be re-
sponsible under the Security Council for the
strategic direction of any armed forces placed at
the disposal of the Security Council. Questions
relating to the command of such forces shall be
worked out subsequently.
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
1.
The action required to carry out the deci-
sions of the Security Council for the mainte-
nance 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 interna-
tional 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 carry-
ing out of those measures shall have the right to
consult the Security Council with regard to a solu-
tion 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 Mem-
10
her of the United Nations, until the Security Coun-
cil 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 Se-
curity Council and shall not in any way affect the
authority and responsibility of the Security Coun-
cil under the present Charter to take at any time
such action as it deems necessary in order to main-
tain or restore international peace and security.
CHAPTER VIII
REGIONAL ARRANGEMENTS
Article 52
1.
Nothing in the present Charter precludes
the existence of regional arrangements or agen-
cies for dealing with such matters relating to the
maintenance of international peace and security
as are appropriate for regional action, provided
that 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 such
agencies shall make every effort to achieve pacific
settlement of local disputes through such re-
gional arrangements or by such regional agencies
before referring them to the Security Council.
3.
The Security Council shall encourage the
development of pacific settlement of local dis-
putes through such regional arrangements or by
such regional agencies either on the initiative of
the states concerned or by reference from the
Security Council.
4.
This Article in no way impairs the applica-
tion of .Articles 34 and 35.
Article 53
1.
The Security Council shall, where appro-
priate, utilize such regional arrangements or
agencies for enforcement action Under its author-
ity. But no enforcement action shall be taken
under regional arrangements or by regional agen-
cies without the authorization of the Security
Council
*
with the exception of measures against
any enemy state, as defined in paragraph 2 of
this Article, provided for pursuant to Article
107 or in regional arrangements directed against
renewal of aggressive policy on the part of any
such state, until such time as the Organization
may, on request of the Governments concerned,
be charged with the responsibility for preventing
further aggression by such a state.
2.
The term enemy state as used in paragraph
1 of this Article applies to any state which during
the Second World War has been an enemy of any
signatory of the present Charter.
Article 54
The Security Council shall at all times be kept
fully informed of activities undertaken or in con-
templation under regional arrangements or by
regional agencies for the maintenance of inter-
national peace and security.
CHAPTER
IX
INTERNATIONAL ECONOMIC AND
SOCIAL COOPERATION
Article 55
With a view to the creation of conditions of
stability and well-being which are necessary for
peaceful and friendly relations among nations
based on respect for the principle of equal rights
and self-determination of peoples, the United
Nations shall promote:
a. higher standards of living, full employ-
ment, and conditions of economic and social
progress and development;
b.
solutions of international economic, so-
cial, health, and related problems; and inter-
11
national cultural and educational cooperation;
and
c. universal respect for, and observance of,
human rights and fundamental freedoms for
all without distinction as to race, sex, language,
or religion.
Article 56
All Members pledge themselves to take joint
and separate action in cooperation with the Or-
ganization for the achievement of the purposes set
forth in Article 55.
Article 57
1.
The various specialized agencies, estab-
lished by intergovernmental agreement and hav-
ing wide international responsibilities, as defined
in their basic instruments, in economic, social,
cultural, educational, health, and related fields,
shall be brought into relationship with the United
Nations in accordance with the provisions of
Article 63.
2.
Such agencies thus brought into relation-
ship with the United Nations are hereinafter re-
ferred to as specialized agencies.
Article 58
The Organization shall make recommendations
for the coordination of the policies and activities
of the specialized agencies.
Article 59
The Organization shall, where appropriate,
initiate negotiations among the states concerned
for the creation of any new specialized agencies
required for the accomplishment of the purposes
set forth in Article 55.
Article 60
Responsibility for the discharge of the func-
tions of the Organization set forth in this Chap-
ter shall be vested in the General Assembly and,
under the authority of the General Assembly, in
12
the Economic and Social Council, which shall
have for this purpose the powers set forth in
Chapter X.
CHAPTER
X
THE ECONOMIC AND SOCIAL COUNCIL
Composition
Article 61
1.
The Economic and Social Council shall con-
sist of eighteen Members of the United Nations
elected by the General Assembly.
2.
Subject to the provisions of paragraph 3,
six members of the Economic and Social Council
shall be elected each year for a term of three years.
A retiring member shall be eligible for immediate
re-election.
3.
At the first election, eighteen members of
the Economic and Social Council shall be chosen.
The term of office of six members so chosen shall
expire at the end of one year, and of six other
members at the end of two years, in accordance
with arrangements made by the General Assembly.
4.
Each member of the Economic and Social
Council shall have one representative.
Functions and Powers
Article 62
1.
The Economic and Social Council may make
or initiate studies and reports 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 the
General Assembly, to the Members of the United
Nations, and to the specialized agencies concerned.
2.
It may make recommendations 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 to
matters falling within its competence.
4.
It may call, in accordance with the rules
prescribed by the United Nations, international
conferences 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 on
which the agency concerned shall be brought into
relationship 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 and
recommendations to such agencies and through
recommendations to the General Assembly and to
the Members of the United Nations.
Article 64
1.
The Economic and Social Council may
take appropriate steps to obtain regular reports
from the specialized agencies. It may make ar-
rangements with the Members of the United
Nations and with the specialized agencies to obtain
reports on the steps taken to give effect to its own
recommendations and to recommendations on
matters falling within its competence made by
the General Assembly.
2.
It may communicate its observations on
these reports to the General Assembly.
Article 65
The Economic and Social Council may furnish
information to the Security Council and shall
assist the Security Council upon its request.
Article 66
1.
The Economic and Social Council shall per-
form such functions as fall within its competence
in 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 of
Members of the United Nations and at the request
of specialized agencies.
3.
It shall perform such other functions as are
specified elsewhere in the present Charter or as
may be assigned to it by the General Assembly.
Voting
Article 67
1.
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 members
present and voting.
Procedure
Article 68
The Economic and Social Council shall set up
commissions in economic and social fields and for
the promotion of human rights, and such other
commissions as may be required for the perform-
ance of its functions.
Article 69
The Economic and Social Council shall invite
any Member of the United Nations to participate,
without vote, in its deliberations on any matter
of particular concern to that Member.
Article 70
The Economic and Social Council may make
arrangements for representatives of the special-
ized agencies to participate, without vote, in its
deliberations and in those of the commissions
established by it, and for its representatives to
participate in the deliberations of the specialized
agencies.
Article 71
The Economic and Social Council may make
suitable arrangements for consultation with non-
governmental organizations which are concerned
with matters within its competence. Such arrange-
13
ments may be made with international organiza-
tions and, where appropriate, with national or-
ganizations after consultation with the Member
of the United Nations concerned.
Article 72
1.
The Economic and Social Council shall
adopt its own rules of procedure, including the
method of selecting its President.
2.
The Economic and Social Council shall meet
as required in accordance with its rules, which
shall include provision for the convening of meet-
ings on the request of a majority of its members.
CHAPTER XI
DECLARATION REGARDING
NON-SELF-GOVERNING TERRITORIES
Article 73
Members of the United Nations which have or
assume responsibilities for the administration of
territories whose peoples have not yet attained
a full measure of self-government recognize the
principle that the interests of the inhabitants of
these territories are paramount, and accept as a
sacred trust the obligation to promote to the ut-
most, within the system of international peace and
security established by the present Charter, the
well-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 treatment, and their protection
against abuses;
b.
to develop self-government, to take due
account of the political aspirations of the
peoples, and to assist them in the progressive
development of their free political institutions,
according to the particular circumstances of
each 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 another and, when and where
appropriate, with specialized international bod-
ies with a view to the practical achievement of
the social, economic, and scientific purposes
set forth in this Article; and
e. to transmit regularly to the Secretary-
General for information purposes, subject to
such limitation as security and constitutional
considerations may require, statistical and other
information of a technical nature relating to
economic, social, and educational conditions in
the territories for which they are respectively
responsible other than those territories to which
Chapters XII and XIII apply.
Article 74
Members of the United Nations also agree that
their policy in respect of the territories to which
this Chapter applies, no less than in respect of their
metropolitan areas, must be based on the general
principle of good-neighborliness, due account be-
ing taken of the interests and well-being of the rest
of the world, in social, economic, and commercial
matters.
CHAPTER XII
INTERNATIONAL TRUSTEESHIP SYSTEM
Article 75
The United Nations shall establish under its
authority an international trusteeship system for
the administration and supervision of such terri-
tories as may be placed thereunder by subsequent
individual agreements. These territories are
hereinafter referred to as trust territories.
Article 76
The basic objectives of the trusteeship system,
14
in accordance with the Purposes of the United
Nations 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 inhabitants
of the trust territories, and their progressive
development towards self-government or inde-
pendence as may be appropriate to the par-
ticular circumstances of each territory and its
peoples and the freely expressed wishes of the
peoples concerned, and as may be provided by
the terms of each trusteeship agreement;
c. to encourage respect for human rights
and for fundamental freedoms for all without
distinction as to race, sex, language, or religion,
and to encourage recognition of the interde-
pendence of the peoples of the world; and
d. to ensure equal treatment in social, eco-
nomic, and commercial matters for all Members
of the United Nations and their nationals, and
also equal treatment for the latter in the ad-
ministration of justice, without prejudice to the
attainment of the foregoing objectives and sub-
ject to the provisions of Article 80.
Article 77
1.
The trusteeship system shall apply to
such territories in the following categories as may
be placed thereunder by means of trusteeship
agreements:
a. territories now held under mandate;
b.
territories which may be detached from
enemy states as a result of the Second World
War; and
c. territories voluntarily placed under the
system by states responsible for their admin-
istration.
2.
It will be a matter for subsequent agreement
as to which territories in the foregoing categories
will be brought under the trusteeship system and
upon what terms.
Article 78
The trusteeship system shall not apply to terri-
tories which have become Members of the United
Nations, relationship among which shall be based
on respect for the principle of sovereign equality.
Article 79
The terms of trusteeship for each territory to
be placed under the trusteeship system, including
any alteration or amendment, shall be agreed upon
by the states directly concerned, including the
mandatory power in the case of territories held
under mandate by a Member of the United Na-
tions,
and shall be approved as provided for in
Articles 83 and 85.
Article 80
1.
Except as may be agreed upon in individual
trusteeship agreements, made under Articles 77,
79,
and 81, placing each territory under the trus-
teeship system, and until such agreements have
been concluded, nothing in this Chapter shall be
construed in or of itself to alter in any manner
the rights whatsoever of any states or any peoples
or the terms of existing international instruments
to which Members of the United Nations may re-
spectively be parties.
2.
Paragraph 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 territories
under the trusteeship system as provided for in
Article 77.
Article 81
The trusteeship agreement shall in each case
include the terms under which the trust territory
will be administered and designate the authority
which will exercise the administration of the trust
territory. Such authority, hereinafter called the
15
administering authority, may be one or more
states or the Organization
itself.
Article 82 ,
There may be designated, in any trusteeship
agreement, a strategic area or areas which may
include part or all of the trust territory to which
the agreement applies, without prejudice to any
special agreement or agreements made under
Article 43.
Article 83
1.
All functions of the United Nations relating
to strategic areas, including the approval of the
terms of the trusteeship agreements and of their
alteration or amendment, shall be exercised by the
Security Council.
2.
The basic objectives set forth in Article 76
shall be applicable to the people of each strategic
area.
3.
The Security Council shall, subject to the
provisions of the trusteeship agreements and with-
out prejudice to security considerations, avail
itself of the assistance of the Trusteeship Council
to perform those functions of the United Nations
under the trusteeship system relating to political,
economic, social, and educational matters in the
strategic areas.
Article 84
It shall be the duty of the administering author-
ity to ensure that the trust territory shall play its
part in the maintenance of international peace and
security. To this end the administering authority
may make use of volunteer forces, facilities, and
assistance from the trust territory in carrying out
the 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 85
1.
The functions of the United Nations with
regard to trusteeship agreements for all areas not
designated as strategic, including the approval of
the terms of the trusteeship agreements and of
their alteration or amendment, shall be exercised
by the General Assembly.
2.
The Trusteeship Council, operating under
the authority of the General Assembly, shall assist
the General Assembly in carrying out these
functions.
CHAPTER XIII
THE TRUSTEESHIP COUNCIL
Composition
Article 86
1.
The Trusteeship Council shall consist of
the following Members of the United Nations:
a. those Members administering trust ter-
ritories;
b.
such of those Members mentioned by
name in Article 23 as are not administering
trust territories; and
c. as many other Members elected for three-
year terms by the General Assembly as may be
necessary to ensure that the total number of
members of the Trusteeship Council is equally
divided between those Members of the United
Nations which administer trust territories and
those which do not.
2.
Each member of the Trusteeship Council
shall designate one specially qualified person to
represent it therein.
Functions and
Powers
Article 87
The General Assembly and, under its author-
ity, the Trusteeship Council, in carrying out their
functions, may:
a. consider reports submitted by the admin-
istering authority;
16
b.
accept petitions and examine them in
consultation with the administering authority;
c. provide for periodic visits to the respec-
tive trust territories at times agreed upon with
the administering authority; and
d. take these and other actions in conformity
with the terms of the trusteeship agreements.
Article 88
The Trusteeship Council shall formulate a
questionnaire on the political, economic, social,
and educational advancement of the inhabitants
of each trust territory, and the administering
authority for each trust territory within the com-
petence of the General Assembly shall make an
annual report to the General Assembly upon the
basis of such questionnaire.
Voting
Article 89
1.
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 and
voting.
Procedure
Article 90
1.
The Trusteeship Council shall adopt its own
rules of procedure, including the method of select-
ing its President.
2.
The Trusteeship Council shall meet as re-
quired in accordance with its rules, which shall
include provision for the convening of meetings
on the request of a majority of its members.
Article 91
The Trusteeship Council shall, when appropri-
ate,
avail itself of the assistance of the Economic
and Social Council and of the specialized agencies
in regard to matters with which they are respec-
tively concerned.
CHAPTER
XIV
THE INTERNATIONAL COURT
OF JUSTICE
Article 92
The International Court of Justice shall be the
principal judicial organ of the United Nations.
It shall function in accordance with the annexed
Statute, which is based upon the Statute of the
Permanent Court of International Justice and
forms an integral part of the present Charter.
Article 93
1.
All Members of the United Nations are ipso
facto parties to the Statute of the International
Court of Justice.
2.
A state which is not a Member of the United
Nations may become a party to the Statute of
the International Court of Justice on conditions
to be determined in each case by the General
Assembly upon the recommendation of the Secu-
rity Council.
Article 94
1.
Each Member of the United Nations under-
takes to comply with the decision of the Inter-
national Court of Justice in any case to which it is
a party.
2.
If any party to a case fails to perform the
obligations incumbent upon it under a judgment
rendered by the Court, the other party may have
recourse to the Security Council, which may, if it
deems necessary, make recommendations or de-
cide upon measures to be taken to give effect to
the judgment.
Article 95
Nothing in the present Charter shall prevent
Members of the United Nations from entrusting
the solution of their differences to other tribunals
by virtue of agreements already in existence or
which may be concluded in the future.
17
this Article may invoke that treaty or agreement
before any organ of the United Nations.
Article 103
In the event of a conflict between the obligations
of the Members of the United Nations under the
present Charter and their obligations under any
other international agreement, their obligations
under the present Charter shall prevail.
Article 104
The Organization shall enjoy in the territory of
each of its Members such legal capacity as may be
necessary for the exercise of its functions and the
fulfillment of its purposes.
Article 105
1.
The Organization shall enjoy in the territory
of each of its Members such privileges and im-
munities as are necessary for the fulfillment of its
purposes.
2.
Representatives of the Members of the
United Nations and officials of the Organization
shall similarly enjoy such privileges and immuni-
ties as are necessary for the independent exercise
of their functions in connection with the Organi-
zation.
3.
The General Assembly may make recom-
mendations with a view to determining the details
of the application of paragraphs 1 and 2 of this
Airticle or may propose conventions to the Mem-
bers of the United Nations for this purpose.
CHAPTER XVH
TRANSITIONAL SECURITY
ARRANGEMENTS
Article 106
Pending the coming into force of such special
agreements referred to in Article 43 as in the
opinion of the Security Council enable it to begin
the exercise of its responsibilities under Article
42,
the parties to the Four-Nation Declaration,
signed at Moscow, October 30,1943, 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 Members
of the United Nations with a view to such joint
action on behalf of the Organization as may be
necessary for the purpose of maintaining inter-
national peace and security.
Article 107
Nothing in the present Charter shall invalidate
or preclude action, in relation to any state which
during the Second World War has been an enemy
of any signatory to the present Charter, taken or
authorized as a result of that war by the Govern-
ments having responsibility for such action.
CHAPTER XVIII
AMENDMENTS
Article 108
Amendments to the present Charter shall come
into force for all Members of the United Nations
when they have been adopted by a vote of two
thirds of the members of the General Assembly
and ratified in accordance with their respective
constitutional processes by two thirds of the Mem-
bers of the United Nations, including all the per-
manent members of the Security Council.
Article 109
1.
A General Conference of the Members of
the United Nations for the purpose of reviewing
the present Charter may be held at a date and
place to be fixed by a two-thirds vote of the mem-
bers of the General Assembly and by a vote of any
seven members of the Security Council. Each
Member of the United Nations shall have one vote
in the conference.
19
2.
Any alteration of the present Charter rec-
ommended by a two-thirds vote of the conference
shall take effect when ratified in accordance with
their respective constitutional processes by two
thirds of the Members of the United Nations in-
cluding all the permanent members of the Security
Council. .
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 pres-
ent Charter, the proposal to call such a conference
shall be placed on the agenda of that session of the
General Assembly, and the conference shall be
held if so decided by a majority vote of the mem-
bers of the General Assembly and by a vote of any
seven members of the Security Council.
CHAPTER
XIX
RATIFICATION AND SIGNATURE
Article 110
1.
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 the
Government of the United States of America,
which shall notify all the signatory states of each
deposit as well as the Secretary-General of the
Organization when he has been appointed.
3.
The present Charter shall come into force
upon the deposit of ratifications by the Republic
of China, France, the Union of Soviet Socialist
Republics, the United Kingdom of Great Britain
and Northern Ireland, and the United States of
America, and by a majority of the other signatory
states.
A protocol of the ratifications deposited
shall thereupon be drawn up by the Government
of the United States of America which shall com-
municate copies thereof to all the signatory states.
4.
The states signatory to the present Charter
which ratify it after it has come into force will be-
come original Members of the United Nations on
the date of the deposit of their respective ratifi-
cations.
Article HI
The present Charter, of which the Chinese,
French, Russian, English, and Spanish texts are
equally authentic, shall remain deposited in the
archives of the Government of the United States
of America. Duly certified copies thereof shall be
transmitted by that Government to the Govern-
ments of the other signatory states.
IN
FAITH WHEREOF the representatives of the
Governments of the United Nations have signed
the present Charter.
DONE at the city of San Francisco the twenty-
sixth day of June, one thousand nine hundred and
forty-five.
20
in alphabetical order of all the persons thus nomi-
nated. Save as provided in Article 12, paragraph
2,
these shall be the only persons eligible.
2.
The Secretary-General shall submit this list
to the General Assembly and to the Security
Council.
Article 8
The General Assembly and the Security Coun-
cil shall proceed independently of one another to
elect the members of the Court.
Article 9
At every election, the electors shall bear in mind
not only that the persons to be elected should in-
dividually possess the qualifications required, but
also that in the body as a whole the representation
of the main forms of civilization and of the prin-
cipal legal systems of the world should be assured.
Article 10
1.
Those candidates who obtain an absolute
majority of votes in the General Assembly and in
the Security Council shall be considered as elected.
2.
Any vote of the Security Council, whether
for the election of judges or for the appointment
of members of the conference envisaged in Article
12,
shall be taken without any distinction between
permanent and non-permanent members of the
Security Council.
3.
In the event of more than one national of the
same state obtaining an absolute majority of the
votes both of the General Assembly and of the
Security Council, the eldest of these only shall be
considered as elected.
Article 11
If, after the first meeting held for the purpose
of the election, one or more seats remain to be
filled, a second and, if necessary, a third meeting
shall take place.
Article 12
1.
If, after the third meeting, one or more seats
still remain unfilled, a joint conference consisting
of six members, three appointed by the General
Assembly and three by the Security Council, may
be formed at any time at the request of either the
General Assembly or the Security Council, for the
purpose of choosing by the vote of an absolute
majority one name for each seat still vacant, to
submit to the General Assembly and the Security
Council for their respective acceptance.
2.
If the joint conference is unanimously agreed
upon any person who fulfils the required condi-
tions,
he maybe included in its list, even though
he was not included in the list of nominations re-
ferred to in Article 7.
3.
If the joint conference is satisfied that it will
not be successful in procuring an election, those
members of the Court who have already been
elected shall, within a period to be fixed by the
Security Council, proceed to fill the vacant seats
by selection from among those candidates who
have obtained votes either in the General Assem-
bly or in the Security Council.
4.
In the event of an equality of votes among
the judges, the eldest judge shall have a casting
vote.
Article 13
1.
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 end
of three years and the terms of five more judges
shall expire at the end of six years.
2.
The judges whose terms are to expire at the
end of the above-mentioned initial periods of three
and six years shall be chosen by lot to be drawn
by the Secretary-General immediately after the
first election has been completed.
3.
The members of the Court shall continue to
22
discharge their duties until their places have been
filled. Though replaced, they shall finish any cases
which they may have begun.
4.
In the case of the resignation of a member
of the Court, the resignation shall be addressed to
the President of the Court for transmission to the
Secretary-General. This last notification makes the
place vacant.
Article 14
Vacancies shall be filled by the same method as
that laid down for the first election, subject to the
following provision : the Secretary-General shall,
within one month of the occurrence of the vacancy,
proceed to issue the invitations provided for in
Article 5, and the date of the election shall be fixed
by the Security Council.
Article 15
A member of the Court elected to replace a
member whose term of office has not expired shall
hold office for the remainder of his predecessor's
term.
Article 16
1.
No member of the Court may exercise any
political or administrative function, or engage in
any other occupation of a professional nature.
2.
Any doubt on this point shall be settled by
the decision of the Court.
Article 17
1.
No member of the Court may act as agent,
counsel, or advocate in any case.
2.
No member may participate in the decision
of any case in which he has previously taken part
as agent, counsel, or advocate for one of the par-
ties,
or as a member of a national or international
court, or of a commission of enquiry, or in any
other capacity.
3.
Any doubt on this point shall be settled by
the decision of the Court.
Article 18
1.
No member of the Court can be dismissed
unless, in the unanimous opinion of the other
members, he has ceased to fulfil the required con-
ditions.
2.
Formal notification thereof shall be made to
the Secretary-General by the Registrar.
3.
This notification makes the place vacant.
Article 19
The members of the Court, when engaged on
the business of the Court, shall enjoy diplomatic
privileges and immunities.
Article 20
Every member of the Court shall, before taking
up his duties, make a solemn declaration in open
court that he will exercise his powers impartially
and conscientiously.
Article 21
1.
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 other
officers as may be necessary.
Article 22
1.
The seat of the Court shall be established at
The Hague. This, however, shall not prevent the
Court from sitting and exercising its functions
elsewhere whenever the Court considers it desir-
able.
2.
The President and the Registrar shall reside
at the seat of the Court.
Article 23
1.
The Court shall remain permanently in
session, except during the judicial vacations,
the dates and duration of which shall be fixed
by the Court.
2.
Members of the Court are entitled to peri-
23
odic leave, the dates and duration of which shall
be fixed by the Court, having in mind the distance
between 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 attending
" by illness or other serious reasons duly explained
to the President, to hold themselves permanently
at the disposal of the Court.
Article 24
1.
If, for some special reason, a member of the
Court considers that he should not take part in the
decision of a particular case, he shall so inform the
President.
2.
If the President considers that for some spe-
cial reason one of the members of the Court should
not sit in a particular case, he shall give him notice
accordingly.
3.
If in any such case the member of the Court
and the President disagree, the matter shall be
settled by the decision of the Court.
Article 25
1.
The full Court shall sit except when it is ex-
pressly provided otherwise in the present Statute.
2.
Subject to the condition that the number of
judges available to constitute the Court is not
thereby reduced below eleven, the Rules of the
Court may provide for allowing one or more judges,
according to circumstances and in rotation, to be
dispensed from sitting.
3.
A quorum of nine judges shall suffice to con-
stitute the Court.
Article 26
1.
The Court may from time to time form one
or more chambers, composed of three or more
judges as the Court may determine, for dealing
with particular categories of cases; for example,
labor cases and cases relating to transit and com-
munications.
2.
The Court may at any time form a chamber
for dealing with a particular case. The number of
judges to constitute such a chamber shall be de-
termined by the Court with the approval of the
parties.
3.
Cases shall be heard and determined by the
chambers provided for in this Article if the parties
so request.
Article 27
A judgment given by any of the chambers pro-
vided for in Articles 26 and 29 shall be considered
as rendered by the Court.
Article 28
The chambers provided for in Articles 26 and
29 may, with the consent of the parties, sit and ex-
ercise their functions elsewhere than at The Hague.
Article 29
With 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 the
parties, may hear and determine cases by summary
procedure. In addition, two judges shall be se-
lected for the purpose of replacing judges who find
it impossible to sit.
Article 30
1.
The Court shall frame rules for carrying ou t
its 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 its
chambers, without the right to vote.
Article 31
1.
Judges of the nationality of each of the
parties shall retain their right to sit in the case
before the Court.
2.
If the Court includes upon the Bench a judge
of the nationality of one of the parties, any other
party may choose a person to sit as judge. Such
person shall be chosen preferably from among
24
those persons who have been nominated as candi-
dates as provided in Articles 4 and 5.
3.
If the Court includes upon the Bench no
judge of the nationality of the parties, each of these
parties may proceed to choose a judge as provided
in paragraph 2 of this Article.
4.
The provisions of this Article shall apply to
the case of Articles 26 and 29. In such cases, the
President shall request one or, if necessary, two
of the members of the Court forming the chamber
to give place to the members of the Court of the
nationality of the parties concerned, and, failing
such, or if they are unable to be present, to the
judges specially chosen by the parties.
5.
Should there be several parties in the same
interest, they shall, for the purpose of the preced-
ing provisions, be reckoned as one party only. Any
doubt upon this point shall be settled by the de-
cision of the Court.
6. Judges chosen as laid down in paragraphs
2,3,
and 4 of this Article shall fulfil the conditions
required by Articles 2,17 (paragraph 2), 20, and
24 of the present Statute. They shall take part in
the decision on terms of complete equality with
their colleagues.
Article 32
1.
Each member of the Court shall receive an
annual salary.
2.
The President shall receive a special annual
allowance.
3.
The Vice-President shall receive a special
allowance for every day on which he acts as Presi-
dent.
4.
The judges chosen under Article 31, other
than members of the Court, shall receive compen-
sation for each^day on which they exercise their
functions.
5.
These salaries, allowances, and compensa-
tion shall be fixed by the General Assembly. They
may not be decreased during the 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 retirement
pensions may be given to members of the Court
and to the Registrar, and the conditions under
which members of the Court and the Registrar
shall have their traveling expenses refunded.
8. The above salaries, allowances, and com-
pensation shall be free of all taxation.
Article 33
The expenses of the Court shall be borne by the
United Nations in such a manner as shall be de-
cided by the General Assembly.
CHAPTER
II
COMPETENCE OF THE COURT
Article 34
1.
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 by
such 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 adopted
thereunder 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 written proceedings.
Article 35
1.
The Court shall be open to the states parties
to the present Statute.
2.
The conditions under which the Court shall
be open to other states shall, subject to the special
provisions contained in treaties in force, be laid
25
down by the Security Council, but in no case shall
such conditions place the parties in a position of
inequality before the Court.
3.
When a state which is not a Member of the
United Nations is a party to a case, the Court shall
fix the amount which that party is to contribute
towards the expenses of the Court. This provision
shall not apply if such state is bearing a share of
the expenses of the Court.
Article 36
1.
The jurisdiction of the Court comprises all
cases which the parties refer to it and all matters
specially provided for in the Charter of the United
Nations or in treaties and conventions in force.
2.
The states parties to the present Statute may
at any time declare that they recognize as compul-
sory ipso facto and without special agreement, in
relation to any other state accepting the same obli-
gation, the jurisdiction of the Court in all legal
disputes 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-
national obligation ;
d. the nature or extent of the reparation to
be 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 part of several or certain states, or
for a certain time.
4.
Such declarations shall be deposited with
the Secretary-General of the United Nations, who
shall transmit copies thereof to the parties to the
Statute and to the Registrar of the Court.
5.
Declarations made under Article 36 of the
Statute of the Permanent Court of International
Justice and which are still in force shall be deemed,
as between the parties to the present Statute, to be
acceptances of the compulsory jurisdiction of the
International Court of Justice for the period which
they still have to run and in accordance with their
terms.
6. In the event of a dispute as to whether the
Court has jurisdiction, the matter shall be settled
by the decision of the Court.
Article 37
Whenever a treaty or convention in force pro-
vides for reference of a matter to a tribunal to have
been instituted by the League of Nations, or to the
Permanent Court of International Justice, the
matter shall, as between the parties to the present
Statute, be referred to the International Court of
Justice.
Article 38
1.
The Court, whose function is to decide in
accordance with international law such disputes
as are submitted to it, shall apply:
a. international conventions, whether gen-
eral or particular, establishing rules expressly
recognized by the contesting states ;
b.
international custom, as evidence of a
general practice accepted as law;
c. the general principles of law recognized
by civilized nations ;
d. subject to the provisions of Article 59,
judicial decisions and the teachings of the most
highly qualified publicists of the various na-
tions,
as subsidiary means for the determination
of rules of law.
2.
This provision shall not prejudice the power
of the Court to decide a case ex aequo et
bond,
if
the parties agree thereto.
CHAPTER III
PROCEDURE
Article 39
1.
The official languages of the Court shall be
French and English. If the parties agree that the
26
case shall be conducted in French, the judgment
shall be delivered in French. If the parties agree
that the case shall be conducted in English, the
judgment shall be delivered in English.
2.
In the absence of an agreement as to which
language shall be employed, each party may, in
the pleadings, use the language which it prefers;
the decision of the Court shall be given in French
and English. In this case the Court shall at the
same time determine which of the two texts shall
be considered as authoritative.
3.
The Court shall, at the request of any party,
authorize a language other than French or English
to be used by that party.
Article 40
1.
Cases are brought before the Court, as the
case may be, either by the notification of the special
agreement or by a written application addressed
to the Registrar. In either case the subject of the
dispute and the parties shall be indicated.
2.
The Registrar shall forthwith communicate
the application to all concerned.
3.
He shall also notify the Members of the
United Nations through the Secretary-General,
and also any other states entitled to appear before
the Court.
Article 41
1.
The Court shall have the power to indicate,
if it considers that circumstances so require, any
provisional measures which ought to be taken to
preserve the respective rights of either party.
2.
Pending the final decision, notice of the
measures suggested shall forthwith be given to the
parties and to the Security Council.
Article 42
1.
The parties shall be represented by agents.
2.
They may have the assistance of counsel or
advocates before the Court.
3.
The agents, counsel, and advocates of par-
ties before the Court shall enjoy the privileges
and immunities necessary to the independent ex-
ercise of their duties.
Article 43
1.
The procedure shall consist of two parts:
written and oral.
2.
The written proceedings shall consist of
the communication to the Court and to the parties
of memorials, counter-memorials and, if neces-
sary, replies; also all papers and documents in
support.
3.
These communications shall be made
through the Registrar, in the order and within the
time fixed by the Court.
4.
A certified copy of every document produced
by one party shall be communicated to the other
party.
5.
The oral proceedings shall consist of the
hearing by the Court of witnesses, experts, agents,
counsel, and advocates.
Article 44
1.
For the service of all notices upon persons
other than the agents, counsel, and advocates, the
Court shall apply direct to the government of the
state upon whose territory the notice has to be
served.
2.
The same provision shall apply whenever
steps are to be taken to procure evidence on the
spot.
Article 45
The hearing shall be under the control of the
President or, if he is unable to preside, of the Vice-
President; if neither is able to preside, the senior
judge present shall preside.
Article 46
The hearing in Court shall be public, unless the
Court shall decide otherwise, or unless the parties
demand that the public be not admitted.
27
Article 47
1.
Minutes shall be made at each hearing and
signed by the Registrar and the President.
2.
These minutes alone shall be authentic.
Article 48
The Court shall make orders for the conduct of
the case, shall decide the form and time in which
each party must conclude its arguments, and make
all arrangements connected with the taking of
evidence.
Article 49
The Court may, even before the hearing begins,
call upon the agents to produce any document or
to supply any explanations. Formal note shall be
taken of any refusal.
Article 50
The Court may, at any time, entrust any indi-
vidual, body, bureau, commission, or other organ-
ization that it may select, with the task of carrying
out an enquiry or giving an expert opinion.
Article 51
During the hearing any relevant questions are
to be put to the witnesses and experts under the
conditions laid down by the Court in the rules of
procedure referred to in Article 30.
Article 52
After 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 written
evidence that one party may desire to present un-
less the other side consents.
Article 53
1.
Whenever one of the parties does not appear
before the Court, or fails to defend its case, the
other party may call upon the Court to decide in
favor of its claim.
2.
The Court must, before doing so, satisfy it-
self,
not only that it has jurisdiction in accordance
with Articles 36 and 37, but also that the claim is
well founded in fact and law.
Article 54
1.
When, subject to the control of the Court,
the agents, counsel, and advocates have completed
their presentation of the case, the President shall
declare the hearing closed.
2.
The Court shall withdraw to consider the
judgment.
3.
The deliberations of the Court shall take
place in private and remain secret.
Article 55
1.
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 have
a casting vote.
Article 56
1.
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 or
in part the unanimous opinion of the judges, any
judge shall be entitled to deliver a separate opinion.
Article 58
The 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 59
The decision of the Court has no binding force
except between the parties and in respect of that
particular case.
28
Article 60
The judgment is final and without appeal. In
the event of dispute as to the meaning or scope of
the judgment, the Court shall construe it upon the
request of any party.
Article 61
1.
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 nature as to be a de-
cisive factor, which fact was, when the judgment
was given, unknown to the Court and also to the
party claiming revision, always provided that such
ignorance was not due to negligence.
2.
The proceedings for revision shall be opened
by a judgment of the Court expressly recording the
existence of the new fact, recognizing that it has
such a character as to lay the case open to revision,
and declaring the application admissible on this
ground.
3.
The Court may require previous compliance
with the terms of the judgment before it admits
proceedings in revision.
4.
The application for revision must be made
at latest within six months of the discovery of the
new fact.
5.
No application for revision may be made
after the lapse of ten years from the date of the
judgment.
Article 62
1.
Should a state consider that it has an interest
of a legal nature which may be affected by the de-
cision in the case, it may submit a request to the
Court to be permitted to intervene.
2.
It shall be for the Court to decide upon this
request.
Article 63
1.
Whenever the construction of a convention
to which states other than those concerned in the
case are parties is in question, the Registrar shall
notify all such states forthwith.
2.
Every state so notified has the right to inter-
vene in the proceedings; but if it uses this right,
the construction given by the judgment will be
equally binding upon it.
Article 64
Unless otherwise decided by the Court, each
party shall bear its own costs.
CHAPTER IV
ADVISORY OPINIONS
Article 65
1.
The Court may give an advisory opinion on
any legal question at the request of whatever body
may be authorized by or in accordance with the
Charter of the United Nations to make such a
request.
2.
Questions upon which the advisory opinion
of the Court is asked shall be laid before the Court
by means of a written request containing an exact
statement of the question upon which an opinion
is required, and accompanied by all documents
likely to throw light upon the question.
Article 66
1.
The Registrar shall forthwith give notice of
the request for an advisory opinion to all states
entitled to appear before the Court.
2.
The Registrar shall also, by means of a
special and direct communication, notify any state
entitled to appear before the Court or international
organization considered by the Court, or, should
it not be sitting, by the President, as likely to be
able to furnish information on the question, that
the Court will be prepared to receive, within a
time limit to be fixed by the President, written
statements, or to hear, at a public sitting to be held
for the purpose, oral statements relating to the
question.
29
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YUGOSLAVIA:
I Certify 1hat the foregoing is a true copy of the Charter of the United Nations, with the
Statute of the International Court of Justice annexed thereto, signed in San Francisco,
California, on June 26,1945, in the Chinese, French, Russian, English, and Spanish languages,
the signed original of which is deposited in the archives of the Government of the United
States of America.
In Testimony
Whereof,
I, EDWARD R. STETTINIUS, JR., Secretary of State, have here-
unto caused the seal of the Department of State to be affixed and my name subscribed by an
Assistant
Chief,
Division of Central Services of the said Department, at the city of Washington,
in the District of Columbia, this twenty-qewwroilay of June1945.
Se/ifeUiTyjof
State
Assistant
Chief,
Division of Central Services