INTERNATIONAL COURT OF JUSTICE

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 lifetime

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

The^Purposes of the United Nations are:

1. 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;

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 universal

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 without

distinction as to race, sex, language, or religion;

and

4. To be a center for harmonizing the actions

of nations in the attainment of these common ends.

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 membership,

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 international

relations from the threat or use of force

against the territorial integrity or political independence

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 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.

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 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.

CHAPTER II

MEMBERSHIP

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 previously

signed the Declaration by United Nations

of January 1,1942, sign the present Charter and

ratify it in accordance with Article 110.

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 membership

in the United Nations will be effected by a

decision of the General Assembly upon the recommendation

of the Security Council.

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 membership

by the General Assembly upon the recommendation

of the Security Council. The exercise

of these rights and privileges may be restored by

the Security Council.

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.

ORGANS

1. There are established as the principal organs

of the United Nations: a General Assembly,

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.

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.

THE GENERAL ASSEMBLY

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.

The General Assembly may discuss any questions

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.

1. The General Assembly may consider the

general principles of cooperation in the maintenance

of international peace and security, including

the principles governing disarmament and the

regulation of armaments, and may make recommendations

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 international

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 discussion.

3. The General Assembly may call the attention

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.

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, immediately

the Security Council ceases to deal with such

matters.

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 progressive

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.

Subject to the provisions of Article 12, the

General Assembly may recommend measures for

the peaceful adjustment of any situation, regardless

of origin, which it deems likely to impair the

general welfare or friendly relations among nations,

including situations resulting from a violation

of the provisions of the present Charter setting

forth the Purposes and Principles of the United

Nations.

1. The General Assembly shall receive and

consider annual and special reports from the Security

Council; these reports shall include an

account of the measures that the Security Council

has decided upon or taken to maintain international

peace and security.

2. The General Assembly shall receive and

consider reports from the other organs of the

United Nations.

The General Assembly shall perform such

functions with respect to the international trusteeship

system as are assigned to it under Chapters

XII and XIII, including the approval of the

trusteeship agreements for areas not designated

as strategic.

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 arrangements

with specialized agencies referred to in

Article 57 and shall examine the administrative

budgets of such specialized agencies with a

view to making recommendations to the agencies

concerned.

1. Each member of the General Assembly

shall have one vote.

2. Decisions of the General Assembly on important

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-permanent

members of the Security Council, the election

of the members of the Economic and Social

Council, the election of members of the Trusteeship

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 questions

to be decided by a two-thirds majority, shall

be made by a majority of the members present

and voting.

A Member of the United Nations which is in

arrears in the payment of its financial contributions

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.

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.

The General Assembly shall adopt its own rules

of procedure. It shall elect its President for each

session.

The General Assembly may establish such

subsidiary organs as it deems necessary for the

performance of its functions.

THE SECURITY COUNCIL

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 Council,

due regard being specially paid, in the first

instance to the contribution of Members of the

United Nations to the maintenance of international

peace and security and to the other purposes

of the Organization, and also to equitable

geographical distribution.

2. The non-permanent members of the Security

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.

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 General

Assembly for its consideration.

The Members of the United Nations agree to

accept and carry out the decisions of the Security

Council in accordance with the present Charter.

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 Security

Council shall be responsible for formulating,

with the assistance of the Military Staff Committee

referred to in Article 47, plans to be submitted

to the Members of the United Nations for

the establishment of a system for the regulation

"of armaments.

1. Each member of the Security Council shall

have one vote.

2. Decisions of the Security Council on procedural

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 decisions

under Chapter VI, and under paragraph 3

of Article 52, a party to a dispute shall abstain

from voting.

1. The Security Council shall be so organized

as to be able to function continuously. Each

member of the Security Council shall for this purpose

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.

The Security Council may establish such subsidiary

organs as it deems necessary for the performance

of its functions.

The Security Council shall adopt its own rules

of procedure, including the method of selecting

its President.

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.

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 participate,

without vote, in the discussion relating to

the dispute. The Security Council shall lay down

such conditions as it deems just for the participation,

of a state which is not a Member of the United

Nations.

CHAPTER VI

PACIFIC SETTLEMENT OF DISPUTES

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, resort

to regional agencies or arrangements, or other

peaceful means of their own choice.

2. The Security Council shall, when it deems

necessary, call upon the parties to settle their

dispute by such means.

The Security Council may investigate any dispute,

or any situation which might lead to international

friction or give rise to a dispute, in order

to determine whether the continuance of the dispute

or situation is likely to endanger the maintenance

of international peace and security.

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.

1. The Security Council may, at any stage of

a dispute of the nature referred to in Article 33

or of a situation of like nature, recommend appropriate

procedures or methods of adjustment.

2. The Security Council should take into consideration

any procedures for the settlement of

the dispute which have already been adopted by

the parties.

3. In making recommendations under this Article

the Security Council should also take into

consideration that legal disputes should as a general

rule be referred by the parties to the International

Court of Justice in accordance with the

provisions of the Statute of the Court.

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.

2. If the Security Council deems that the continuance

of the dispute is in fact likely to endanger

the maintenance of international peace and security,

it shall decide whether to take action under

Article 36 or to recommend such terms of settlement

as it may consider appropriate.

Without prejudice to the provisions of Articles

33 to 37, the Security Council may, if all the parties

to any dispute so request, make recommendations

to the parties with a view to a pacific settlement

of the dispute.

CHAPTER W

ACTION WITH RESPECT TO THREATS TO

THE PEACE, BREACHES OF THE PEACE,

AND ACTS OF AGGRESSION

The Security Council shall determine the existence

of any threat to the peace, breach of the

peace, or act of aggression and shall make recommendations,

or decide what measures shall be

taken in accordance with Articles 41 and 42, to

maintain or restore international peace and security.

In order to prevent an aggravation of the situation,

the Security Council may, before making the

recommendations or deciding upon the measures

provided for in Article 39, call upon the parties

concerned to comply with such provisional measures

as it deems necessary or desirable. Such provisional

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.

The Security Council may decide what measures

not involving the use of armed force are to be

employed to give effect to its decisions, and it may

call upon the Members of the United Nations to

apply such measures. These may include complete

or partial interruption of economic relations

and of rail, sea, air, postal, telegraphic, radio,

and other means of communication, and the severance

of diplomatic relations.

Should the Security Council consider that measures

provided for in Article 41 would be inadequate

or have proved to be inadequate, it may take

such action by air, sea, or land forces as may be

necessary to maintain or restore international

peace and security. Such action may include

demonstrations, blockade, and other operations

by air, sea, or land forces of Members of the United

Nations.

1. All Members of the United Nations, in order

to contribute to the maintenance of international

peace and security, undertake to make available

to the Security Council, on its call and in accordance

with a special agreement or agreements,

armed forces, assistance, and facilities, including

rights of passage, necessary for the purpose of

maintaining international peace and security.

2. Such agreement or agreements shall govern

the numbers and types of forces, their degree of

readiness and general location, and the nature of

the facilities and assistance to be provided.

3. The agreement or agreements shall be negotiated

as soon as possible on the initiative of the

Security Council. They shall be concluded between

the Security Council and Members or between

the Security Council and groups of Members

and shall be subject to ratification by the signatory

states in accordance with their respective constitutional

processes. .

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 fulfilhnent

of the obligations assumed under Article

43, invite that Member, if the Member so desires,

to participate in the decisions of the Security

Council concerning the employment of contingents

of that Member's armed forces.

In order to enable the United Nations to take

urgent military measures, Members shall hold

immediately available national air-force contingents

for combined international enforcement action.

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.

Plans for the application of armed force shall

be made by the Security Council with the assistance

of the Military Staff Committee.

1. There shall be established a Military Staff

Committee to advise and assist the Security

Council on all questions relating to the Security

Council's military requirements for the maintenance

of international peace and security, the employment

and command of forces placed at its

disposal, the regulation of armaments, and possible

disarmament.

2. The Military Staff Committee shall consist

of the Chiefs of Staff of the permanent members

of the Security Council or their representatives.

Any Member of the United Nations not permanently

represented on the Committee shall be invited

by the Committee to be associated with it

when the efficient discharge of the Committee's

responsibilities requires the participation of that

Member in its work.

3. The Military Staff Committee shall be responsible

under the Security Council for the

strategic direction of any armed forces placed at

the disposal of the Security Council. 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.

1. The action required to carry out the decisions

of the Security Council for the maintenance

of international peace and security shall be

taken by all the Members of the United Nations

or by some of them, as the Security Council may

determine.

2. Such decisions shall be carried out by the

Members of the United Nations directly and

through their action in the appropriate international

agencies of which they are members.

The Members of the United Nations shall join

in affording mutual assistance in carrying out the

measures decided upon by the Security Council.

If preventive or enforcement measures against

any state are taken by the Security Council, any

other state, whether a Member of the United

Nations or not, which finds itself confronted with

special economic problems arising from the carrying

out of those measures shall have the right to

consult the Security Council with regard to a solution

of those problems.

Nothing in the present Charter shall impair the

inherent right of individual or collective selfdefense

if an armed attack occurs against a Mem-

10

represented on it to provide armed forces in fulfillment

of the obligations assumed under Article

43, invite that Member, if the Member so desires,

to participate in the decisions of the Security

Council concerning the employment of contingents

of that Member's armed forces.

In order to enable the United Nations to take

urgent military measures, Members shall hold

immediately available national air-force contingents

for combined international enforcement action.

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.

Plans for the application of armed force shall

be made by the Security Council with the assistance

of the Military Staff Committee.

1. There shall be established a Military Staff

Committee to advise and assist the Security

Council on all questions relating to the Security

Council's military requirements for the maintenance

of international peace and security, the employment

and command of forces placed at its

disposal, the regulation of armaments, and possible

disarmament.

2. The Military Staff Committee shall consist

of the Chiefs of Staff of the permanent members

of the Security Council or their representatives.

Any Member of the United Nations not permanently

represented on the Committee shall be invited

by the Committee to be associated with it

when the efficient discharge of the Committee's

responsibilities requires the participation of that

Member in its work.

3. The Military Staff Committee shall be responsible

under the Security Council for the

strategic direction of any armed forces placed at

the disposal of the Security Council. 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.

1. The action required to carry out the decisions

of the Security Council for the maintenance

of international peace and security shall be

taken by all the Members of the United Nations

or by some of them, as the Security Council may

determine.

2. Such decisions shall be carried out by the

Members of the United Nations directly and

through their action in the appropriate international

agencies of which they are members.

The Members of the United Nations shall join

in affording mutual assistance in carrying out the

measures decided upon by the Security Council.

If preventive or enforcement measures against

any state are taken by the Security Council, any

other state, whether a Member of the United

Nations or not, which finds itself confronted with

special economic problems arising from the carrying

out of those measures shall have the right to

consult the Security Council with regard to a solution

of those problems.

Nothing in the present Charter shall impair the

inherent right of individual or collective selfdefense

if an armed attack occurs against a Mem-

10

her of the United Nations, until the Security Council

has taken the measures necessary to maintain

international peace and security. Measures taken

by Members in the exercise of this right of selfdefense

shall be immediately reported to the Security

Council and shall not in any way affect the

authority and responsibility of the Security Council

under the present Charter to take at any time

such action as it deems necessary in order to maintain

or restore international peace and security.

CHAPTER VIII

REGIONAL ARRANGEMENTS

1. Nothing in the present Charter precludes

the existence of regional arrangements or agencies

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 activities

are consistent with the Purposes and Principles

of the United Nations.

2. The Members of the United Nations entering

into such arrangements or constituting such

agencies shall make every effort to achieve pacific

settlement of local disputes through such regional

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 disputes

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 application

of .Articles 34 and 35.

1. The Security Council shall, where appropriate,

utilize such regional arrangements or

agencies for enforcement action Under its authority.

But no enforcement action shall be taken

under regional arrangements or by regional agencies

without the authorization of the Security

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.

The Security Council shall at all times be kept

fully informed of activities undertaken or in contemplation

under regional arrangements or by

regional agencies for the maintenance of international

peace and security.

CHAPTER IX

INTERNATIONAL ECONOMIC AND

SOCIAL COOPERATION

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 employment,

and conditions of economic and social

progress and development;

b. solutions of international economic, social,

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.

All Members pledge themselves to take joint

and separate action in cooperation with the Organization

for the achievement of the purposes set

forth in Article 55.

1. The various specialized agencies, established

by intergovernmental agreement and having

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 relationship

with the United Nations are hereinafter referred

to as specialized agencies.

The Organization shall make recommendations

for the coordination of the policies and activities

of the specialized agencies.

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.

Responsibility for the discharge of the functions

of the Organization set forth in this Chapter

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

1. The Economic and Social Council shall consist

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.

1. The Economic and Social Council may make

or initiate studies and reports with respect to international

economic, social, cultural, educational,

health, and related matters and may make recommendations

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 purpose

of promoting respect for, and observance of,

human rights and fundamental freedoms for all.

3. It may prepare draft conventions for submission

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 competence.

1. The Economic and Social Council may enter

into agreements with any of the agencies referred

to in Article 57, defining the terms on

which the agency concerned shall be brought into

relationship with the United Nations. Such agreements

shall be subject to approval by the General

Assembly.

2. It may coordinate the activities of the specialized

agencies through consultation with and

recommendations to such agencies and through

recommendations to the General Assembly and to

the Members of the United Nations.

1. The Economic and Social Council may

take appropriate steps to obtain regular reports

from the specialized agencies. It may make arrangements

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.

The Economic and Social Council may furnish

information to the Security Council and shall

assist the Security Council upon its request.

1. The Economic and Social Council shall perform

such functions as fall within its competence

in connection with the carrying out of the recommendations

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.

1. Each member of the Economic and Social

Council shall have one vote.

2. Decisions of the Economic and Social Council

shall be made by a majority of the members

present and voting.

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 performance

of its functions.

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.

The Economic and Social Council may make

arrangements for representatives of the specialized

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.

The Economic and Social Council may make

suitable arrangements for consultation with nongovernmental

organizations which are concerned

with matters within its competence. Such arrange-

13

ments may be made with international organizations

and, where appropriate, with national organizations

after consultation with the Member

of the United Nations concerned.

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 meetings

on the request of a majority of its members.

CHAPTER XI

DECLARATION REGARDING

NON-SELF-GOVERNING TERRITORIES

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 utmost,

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 culture

of the peoples concerned, their political,

economic, social, and educational advancement,

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 security;

d. to promote constructive measures of development,

to encourage research, and to cooperate

with one another and, when and where

appropriate, with specialized international bodies

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.

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 being

taken of the interests and well-being of the rest

of the world, in social, economic, and commercial

matters.

CHAPTER XII

INTERNATIONAL TRUSTEESHIP SYSTEM

The United Nations shall establish under its

authority an international trusteeship system for

the administration and supervision of such territories

as may be placed thereunder by subsequent

individual agreements. These territories are

hereinafter referred to as trust territories.

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 Charter,

shall be:

a. to further international peace and security;

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 independence

as may be appropriate to the particular

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 interdependence

of the peoples of the world; and

d. to ensure equal treatment in social, economic,

and commercial matters for all Members

of the United Nations and their nationals, and

also equal treatment for the latter in the administration

of justice, without prejudice to the

attainment of the foregoing objectives and subject

to the provisions of Article 80.

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 administration.

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.

The trusteeship system shall not apply to territories

which have become Members of the United

Nations, relationship among which shall be based

on respect for the principle of sovereign equality.

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 Nations,

and shall be approved as provided for in

Articles 83 and 85.

1. Except as may be agreed upon in individual

trusteeship agreements, made under Articles 77,

79, and 81, placing each territory under the trusteeship

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 respectively

be parties.

2. Paragraph 1 of this Article shall not be interpreted

as giving grounds for delay or postponement

of the negotiation and conclusion of agreements

for placing mandated and other territories

under the trusteeship system as provided for in

Article 77.

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

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.

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 without

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.

It shall be the duty of the administering authority

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 undertaken

in this regard by the administering authority,

as well as for local defense and the maintenance

of law and order within the trust territory.

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

1. The Trusteeship Council shall consist of

the following Members of the United Nations:

a. those Members administering trust territories;

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 threeyear

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.

The General Assembly and, under its authority,

the Trusteeship Council, in carrying out their

functions, may:

a. consider reports submitted by the administering

authority;

16

b. accept petitions and examine them in

consultation with the administering authority;

c. provide for periodic visits to the respective

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.

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 competence

of the General Assembly shall make an

annual report to the General Assembly upon the

basis of such questionnaire.

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.

1. The Trusteeship Council shall adopt its own

rules of procedure, including the method of selecting

its President.

2. The Trusteeship Council shall meet as required

in accordance with its rules, which shall

include provision for the convening of meetings

on the request of a majority of its members.

The Trusteeship Council shall, when appropriate,

avail itself of the assistance of the Economic

and Social Council and of the specialized agencies

in regard to matters with which they are respectively

concerned.

CHAPTER XIV

THE INTERNATIONAL COURT

OF JUSTICE

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.

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 Security

Council.

1. Each Member of the United Nations undertakes

to comply with the decision of the International

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 decide

upon measures to be taken to give effect to

the judgment.

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

1. The General Assembly or the Security

Council may request the International Court of

Justice to give an advisory opinion on any legal

question.

2. Other organs of the United Nations and

specialized agencies, which may at any time be

so authorized by the General Assembly, may also

request advisory opinions of the Court on legal

questions arising within the scope of their activities.

CHAPTER XV

THE SECRETARIAT

The Secretariat shall comprise a Secretary-

General and such staff as the Organization may

require. The Secretary-General shall be appointed

by the General Assembly upon the recommendation

of the Security Council. He shall be

the chief administrative officer of the Organization.

The Secretary-General shall act in that capacity

in all meetings of the General Assembly, of the

Security Council, of the Economic and Social

Council, and of the Trusteeship Council, and shall

perform such other functions as are entrusted to

him by these organs. The Secretary-General shall

make an annual report to the General Assembly

on the work of the Organization.

The Secretary-General may bring to the attention

of the Security Council any matter which in

his opinion may threaten the maintenance of international

peace and security.

1. In the performance of their duties the Secre-

18

tary-General and the staff shall not seek or receive

instructions from any government or from any

other authority external to the Organization.

They shall refrain from any action which might

reflect on their position as international officials

responsible only to the Organization.

2. Each Member of the United Nations undertakes

to respect the exclusively international

character of the responsibilities of the Secretary-

General and the staff and not to seek to influence

them in the discharge of their responsibilities.

1. The staff shall be appointed by the Secretary-

General under regulations established by the

General Assembly.

2. Appropriate staffs shall be permanently

assigned to the Economic and Social Council, the

Trusteeship Council, and, as required, to other

organs of the United Nations. These staffs shall

form a part of the Secretariat.

3. The paramount consideration in the employment

of the staff and in the determination of

the conditions of service shall be the necessity of

securing the highest standards of efficiency, competence,

and integrity. Due regard shall be paid

to the importance of recruiting the staff on as wide

a geographical basis as possible.

CHAPTER XVI

MISCELLANEOUS PROVISIONS

1. Every treaty and every international agreement

entered into by any Member of the United

Nations after the present Charter comes into force

shall as soon as possible be registered with the

Secretariat and published by it.

2. No party to any such treaty or international

agreement which has not been registered in accordance

with the provisions of paragraph 1 of

this Article may invoke that treaty or agreement

before any organ of the United Nations.

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.

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.

1. The Organization shall enjoy in the territory

of each of its Members such privileges and immunities

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 immunities

as are necessary for the independent exercise

of their functions in connection with the Organization.

3. The General Assembly may make recommendations

with a view to determining the details

of the application of paragraphs 1 and 2 of this

Airticle or may propose conventions to the Members

of the United Nations for this purpose.

TRANSITIONAL SECURITY

ARRANGEMENTS

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 paragraph

5 of that Declaration, consult with one another

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 international

peace and security.

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 Governments

having responsibility for such action.

AMENDMENTS

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 Members

of the United Nations, including all the permanent

members of the Security Council.

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 members

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 recommended

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 including

all the permanent members of the Security

Council. .

3. If such a conference has not been held before

the tenth annual session of the General Assembly

following the coming into force of the present

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 members

of the General Assembly and by a vote of any

seven members of the Security Council.

CHAPTER XIX

RATIFICATION AND SIGNATURE

1. The present Charter shall be ratified by the

signatory states in accordance with their respective

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 communicate

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 become

original Members of the United Nations on

the date of the deposit of their respective ratifications.

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 Governments

of the other signatory states.

Governments of the United Nations have signed

the present Charter.

day of June, one thousand nine hundred and

forty-five.

STATUTE OF THE INTERNATIONAL COURT OF JUSTICE

by the Charter of the United Nations as

the principal judicial organ of the United Nations

shall be constituted and shall function in accordance

with the provisions of the present Statute.

CHAPTER I

ORGANIZATION OF THE COURT

The Court shall be composed of a body of independent

judges, elected regardless of their nationality

from among persons of high moral character,

who possess the qualifications required in their respective

countries for appointment to the highest

judicial offices, or are jurisconsults of recognized

competence in international law.

1. The Court shall consist of fifteen members,

no two of whom may be nationals of the same state.

2, A person who for the purposes of membership

in the Court could be regarded as a national

of more than one state shall be deemed to be a

national of the one in which he ordinarily exercises

civil and political rights.

1. The members of the Court shall be elected

by the General Assembly and by the Security

Council from a list of persons nominated by the

national groups in the Permanent Court of Arbitration,

in accordance with the following provisions.

2. In the case of Members of the United Nations

not represented in the Permanent Court of

Arbitration, candidates shall be nominated by

national groups appointed for this purpose by

their governments under the same conditions as

those prescribed for members of the Permanent

Courkof Arbitration by Article 44 of the Convention

of The Hague of 1907 for the pacific settlement

of international disputes.

3. The conditions under which a state which

is a party to the present Statute but is not a Member

of the United Nations may participate in electing

the members of the Court shall, in the absence

of a special agreement, be laid down by the General

Assembly upon recommendation of the Security

Council.

1. At least three months before the date of the

election, the Secretary-General of the United

Nations shall address a written request to the

members of the Permanent Court of Arbitration

belonging to the states which are parties to the

present Statute, and to the members of the national

groups appointed under Article 4, paragraph

2, inviting them to undertake, within a given

time, by national groups, the nomination of persons

in a position to accept the duties of a member

of the Court.

2. No group may nominate more than four persons,

not more than two of whom shall be of their

own nationality. In no case may the number of

candidates nominated by a group be more than

double the number of seats to be filled.

Before making these nominations, each national

group is recommended to consult its highest court

of justice, its legal faculties and schools of law, and

its national academies and national sections of international

academies devoted to the study of law.

1. The Secretary-General shall prepare a list

21

in alphabetical order of all the persons thus nominated.

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.

The General Assembly and the Security Council

shall proceed independently of one another to

elect the members of the Court.

At every election, the electors shall bear in mind

not only that the persons to be elected should individually

possess the qualifications required, but

also that in the body as a whole the representation

of the main forms of civilization and of the principal

legal systems of the world should be assured.

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.

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.

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 conditions,

he maybe included in its list, even though

he was not included in the list of nominations referred

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 Assembly

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.

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 election,

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

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.

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.

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.

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.

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 parties,

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.

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 conditions.

2. Formal notification thereof shall be made to

the Secretary-General by the Registrar.

3. This notification makes the place vacant.

The members of the Court, when engaged on

the business of the Court, shall enjoy diplomatic

privileges and immunities.

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.

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.

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 desirable.

2. The President and the Registrar shall reside

at the seat of the Court.

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-

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, unless

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.

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 special

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.

1. The full Court shall sit except when it is expressly

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 constitute

the Court.

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 communications.

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 determined

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.

A judgment given by any of the chambers provided

for in Articles 26 and 29 shall be considered

as rendered by the Court.

The chambers provided for in Articles 26 and

29 may, with the consent of the parties, sit and exercise

their functions elsewhere than at The Hague.

With a view to the speedy despatch of business,

the Court shall form annually a chamber composed

of five judges which, at the request of the

parties, may hear and determine cases by summary

procedure. In addition, two judges shall be selected

for the purpose of replacing judges who find

it impossible to sit.

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 assessors

to sit with the Court or with any of its

chambers, without the right to vote.

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

those persons who have been nominated as candidates

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 preceding

provisions, be reckoned as one party only. Any

doubt upon this point shall be settled by the decision

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.

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 President.

4. The judges chosen under Article 31, other

than members of the Court, shall receive compensation

for each^day on which they exercise their

functions.

5. These salaries, allowances, and compensation

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 compensation

shall be free of all taxation.

The expenses of the Court shall be borne by the

United Nations in such a manner as shall be decided

by the General Assembly.

CHAPTER II

COMPETENCE OF THE COURT

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 organizations

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 constituent

instrument of a public international organization

or of an international convention adopted

thereunder is in question in a case before the Court,

the Registrar shall so notify the public international

organization concerned and shall communicate

to it copies of all the written proceedings.

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.

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 compulsory

ipso facto and without special agreement, in

relation to any other state accepting the same obligation,

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 established,

would constitute a breach of an international

obligation ;

d. the nature or extent of the reparation to

be made for the breach of an international obligation.

3. The declarations referred to above may be

made unconditionally or on condition of reciprocity

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.

Whenever a treaty or convention in force provides

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.

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 general

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 nations,

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

1. The official languages of the Court shall be

French and English. If the parties agree that the

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.

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.

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.

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 parties

before the Court shall enjoy the privileges

and immunities necessary to the independent exercise

of their duties.

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 necessary,

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.

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.

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.

The hearing in Court shall be public, unless the

Court shall decide otherwise, or unless the parties

demand that the public be not admitted.

1. Minutes shall be made at each hearing and

signed by the Registrar and the President.

2. These minutes alone shall be authentic.

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.

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.

The Court may, at any time, entrust any individual,

body, bureau, commission, or other organization

that it may select, with the task of carrying

out an enquiry or giving an expert opinion.

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.

After the Court has received the proofs and evidence

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 unless

the other side consents.

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 itself,

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.

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.

1. All questions shall be decided by a maj ority

of the judges present.

2. In the event of an equality of votes, the President

or the judge who acts in his place shall have

a casting vote.

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.

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.

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.

The decision of the Court has no binding force

except between the parties and in respect of that

particular case.

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.

1. An application for revision of a judgment

may be made only when it is based upon the discovery

of some fact of such a nature as to be a decisive

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.

1. Should a state consider that it has an interest

of a legal nature which may be affected by the decision

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.

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 intervene

in the proceedings; but if it uses this right,

the construction given by the judgment will be

equally binding upon it.

Unless otherwise decided by the Court, each

party shall bear its own costs.

CHAPTER IV

ADVISORY OPINIONS

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.

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

3. Should any such state entitled to appear before

the Court have failed to receive the special

communication referred to in paragraph 2 of this

Article, such state may express a desire to submit

a written statement or to be heard; and the Court

will decide.

4. States and organizations having presented

written or oral statements or both shall be permitted

to comment on the statements made brother

states or organizations in the form, to the

extent, and within the time limits which the Court,

or, should it not be sitting, the President, shall

decide in each particular case. Accordingly, the

Registrar shall in due time communicate any such

written statements to states and organizations

having submitted similar statements.

The Court shall deliver its advisory opinions in

open court, notice having been given to the Secretary-

General and to the representatives of Members

of the United Nations, of other states and of international

organizations immediately concerned.

In the exercise of its advisory functions the

Court shall further be guided by the provisions of

the present Statute which apply in contentious

cases to the extent to which it recognizes them to be

applicable.

CHAPTERV

AMENDMENT

Amendments to the present Statute shall be

effected by the same procedure as is provided by

the Charter of the United Nations for amendments

to that Charter, subject however to any provisions

which the General Assembly upon recommendation

of the Security Council may adopt concerning

the participation of states which are parties to the

present Statute but are not Members of the United

Nations.

The Court shall have power to propose such

amendments to the present Statute as it may deem

necessary, through written communications to the

Secretary-General, for consideration in conformity

with the provisions of Article 69.

FOR CHINA:

POUR LA CHINE:

3a Kirran:

POR LA CHINA:

FOR THE UNION OF SOVIET SOCIALIST REPUBLICS:

POUR L'UNION DES REPUBLIQUES SOVIETIQUES SOCIALISTES:

POR LA UNION DE REPUBLICAS SOCIALISTAS SOVIETICAS:

(H^tMh-—"

FOR THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND:

POUR LE ROYAUME-UNI DE GRANDE-BRETAGNE ET D'IRLANDE DU NORD :

3a Coe^HHeHHoe KopojieBCTBO BejiHEoftpHTamninCeBepHOHH H Ce

POR EL REINO UNIDO DE LA GRAN BRETANA E IRLANDA DEL NORTE:

FOR THE UNITED STATES OF AMERICA

POUR LES ETATS-UNIS D'AMERIQUE:

3a CoeflimeHHBie IHraTH

POR LOS ESTAD

FOR FRANCE:

POUR LA FRANCE

POR FRANCIA:

FOR ARGENTINA:

POUR L'ARGENTINE :

3a ApreHTHHy:

POR LA ARGENTINA

FOR AUSTRALIA:

POUR L'AUSTRALIE

3a

POR AUSTRAL

FOR THE KINGDOM OF BELGIUM:

POUR LE ROYAUME DE BELGIQUE :

3a Kopo.ieBCTBo Bejitran:

POR EL REINO DE BELGICA:

FOR BOLIVIA:

POUR LA BOLIVIE

3a BojniBiiio:

POR BOLIVIA:

FOR BRAZIL:

POUR LE BRESIL:

3a Bpa3iiJiino:

POR EL BRASIL:

FOR THE BYELORUSSIAN SOVIET SOCIALIST REPUBLIC :

POUR LA REPUBLIQUE SOVIETIQUE SOCIALISTE DEBELORUSSIE

3a BejiopyccKyio CoeeTCKyio CounajincTinecKyio Pecny6jiHKy:

POR LA REPUBLICA SOCIALISTA SOVIETICA BIELORRUSA:

FOR CANADA:

POUR LE CANADA

3a

POR EL CANADA:

FOR CHILE:

POUR LE CHILI:

3a

POR CHILE;

FOR COLOMBIA:

POUR LA COLOMBIE

3a

POR COLOMBIA:

FOR COSTA RICA:

POUR COSTA-RICA

3a KocTapmcy:

POR COSTA RICA:

FOR CUBA:

POUR CUBA

3a Kyoy:

POR CUBA:

FOR CZECHOSLOVAKIA:

POUR LA TCHECOSLOVAQUIE

POR CHECOESLOVAQUIA:

FOR DENMARK:

POUR LE DANEMARK

3a J

POR DINAMARCA:

FOR THE DOMINICAN REPUBLIC:

POUR LA REPUBLIQUE DOMINICAINE:

3a /JoMEHHKaHCKyio Pec

POR LA REPUBLIC A

FOR ECUADOR:

POUR L'EQUATEUR

3a

POR EL ECUADOR:

3a

FOR EL SALVADOR:

POUR LE SALVADOR

3a

POR EL SALVADOR:

FOR ETHIOPIA:

POUR L'ETHIOPIE

3a

POR ETIOPIA:

FOR GREECE:

POUR LA GRECE:

3a rpemiio:

POR GRECIA:

FOR GUATEMALA:

POUR LE GUATEMALA

3a FBaTeMajiy:

POR GUATEMALA

FOR HAITI:

POUR HAITI:

3a

POR HAITI :

POUR LE HONDURAS:

3a FoHflypac:

POR HONDURAS:

FOR INDIA:

POUR L'INDE:

3a HH,¡JHIO:

POR LA INDIA:

3a Hpan:

FOR IRAQ:

POUR L'IRAK:

3a Hpaie:

POR IRAK:

FOR LEBANON:

POUR LE LIBAN

3a

POR E L LIBANO

FOR LIBERIA:

POUR LE LIBERIA:

3a JTHÔepmo:

POR LIBERIA

FOR THE GRAND DUCHY OF LUXEMBOURG

POUR LE GRAND DUCHE DE LUXEMBOURG

3a BejiHKoe FepuorcTBo JIroKceM6ypr:

POR EL GRAN DUCADO DE LUXEMBURGO:

FOR MEXICO :

POUR LE MEXIQUE :

3a MeKcmcy:

POR MEXICO:

FOR THE KINGDOM OF THE NETHERLANDS

POUR LE ROYAUME DES PAYS-BAS :

3a KopojieBCTBo

POR EL REINO DE HOLANDA:

FOR NEW ZEALAND:

POUR LA NOUVELLE-ZELANDE:

3a HOBVK) 3ejiaHffHio:

POR NUEVA ZELANDIA:

FOR NICARAGUA:

POUR LE NICARAGUA:

3a HnKaparya:

POR NICARAGUA:

FOR THE KINGDOM OF NORWAY:

POUR LE ROYAUME DE NORVÈGE:

3a KopojiescTBO HopBerm:

POR EL REINO DE NORUEGA:

FOR PANAMA:

POUR LE PANAMA:

3a

POR PANAMA:

FOR PARAGUAY:

POUR LE PARAGUAY

3a IlaparBaH:

POR EL PARAGUAY:

FOR PERU:

POUR LE PEROU:

3a Ilepy:

POR EL PERU:

FOR.THE PHILIPPINE COMMONWEALTH:

POUR LE COMMONWEALTH DES PHILIPPINES:

3a

POR LA MANCOMUNIDAD DE FILIPINAS:

FOR POLAND:

POUR LA POLOGNE

3a IIojiBiny:

POR POLONIA:

FOR SAUDI ARABIA:

POUR L'ARABIE SAOUDITE

3a Cay#n ApaBHio:

POR ARABIA SAUDITA:

FOR SYRIA:

POUR LA SYRIE:

3a Cnpnio:

POR SIRIA:

FOR TURKEY:

POUR LA TURQUIE

3aTypupEDEo:

POR TURQUIA:

FOR THE UKRAINIAN SOVIET SOCIALIST REPUBLIC:

POUR LA RÉPUBLIQUE SOVIÉTIQUE SOCIALISTE D'UKRAINE:

8a yKpaHHCKyio CoBeTCKyio Coi^iiajmcTn^ecKyio Pecnydjimcy:

POR LA REPÚBLICA SOCIALISTA SOVIÉTICA UCRANIANA:

FOR URUGUAY:

POUR L'URUGUAY

3a

POR EL URUGUAY

FOR VENEZUELA:

POUR LE VENEZUELA:

8a BeHecyaziy:

POR VENEZUELA:

FOR YUGOSLAVIA:

POUR LA YOUGOSLAVIE

3a K)rocJiaBmo:

POR YUGOSLAVIA:

I Certify 1 h a t 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.

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.