UN Charter

The Charter of the United Nations, commonly known as the UN Charter, is the foundational treaty that established the United Nations (UN) in 1945. It serves as both a constitutional document and a legal framework for international relations, setting out the principles, objectives, and structure of the organisation. The Charter embodies the collective determination of the world’s nations to prevent the recurrence of global conflict following the devastation of the Second World War, and to promote peace, security, and cooperation among states.

Historical Background

The idea of creating a permanent international organisation to preserve peace emerged during the later stages of the Second World War. The failure of the League of Nations, established after World War I, highlighted the need for a stronger and more effective body.
Several landmark conferences paved the way for the United Nations:

• The Atlantic Charter (August 1941): Issued by Franklin D. Roosevelt and Winston Churchill, it outlined shared principles for a post-war world order based on self-determination, economic cooperation, and peace.
• The Declaration by United Nations (January 1942): Signed by 26 Allied nations, it formally adopted the term “United Nations” and committed members to the war effort against the Axis Powers and to upholding the principles of the Atlantic Charter.
• Moscow and Tehran Conferences (1943): Confirmed the need for an international peacekeeping organisation.
• Dumbarton Oaks Conference (August–October 1944): Representatives from China, the Soviet Union, the United Kingdom, and the United States drafted a preliminary charter outlining the structure of the future organisation.
• Yalta Conference (February 1945): The Allied leaders finalised the voting procedures and the framework for the Security Council.
• San Francisco Conference (April–June 1945): Attended by 50 nations, this conference reviewed and adopted the final text of the UN Charter on 26 June 1945.

The Charter came into force on 24 October 1945, after ratification by the five permanent members of the Security Council—the United States, the Soviet Union, the United Kingdom, China, and France—and the majority of signatory states. This date is now observed annually as United Nations Day.

Structure of the UN Charter

The Charter comprises a Preamble and 19 Chapters, containing a total of 111 Articles. It outlines the purposes, principles, organs, powers, and procedures of the United Nations.

Preamble

The Preamble expresses the ideals and aspirations of the member states, beginning with the words “We the Peoples of the United Nations”, echoing the democratic spirit of the American Constitution. It declares the determination to:

• Save succeeding generations from the scourge of war.
• Reaffirm faith in fundamental human rights and the dignity of the human person.
• Promote social progress and better standards of life in larger freedom.
• Establish conditions under which justice and international law can be maintained.

Principal Organs of the United Nations

The Charter establishes six principal organs of the United Nations:

1. The General Assembly (Chapter IV): The main deliberative body comprising all member states, each with one vote. It discusses international issues, approves the budget, and makes recommendations on peace, security, and development.
2. The Security Council (Chapter V): Responsible for maintaining international peace and security. It has 15 members—five permanent (China, France, Russia, the United Kingdom, and the United States) and ten non-permanent members elected for two years. Permanent members hold the veto power, allowing them to block any substantive resolution.
3. The Economic and Social Council (ECOSOC) (Chapter X): Promotes international economic and social cooperation and development through specialised agencies such as the WHO, UNESCO, and ILO.
4. The Trusteeship Council (Chapter XIII): Established to supervise the administration of trust territories and guide them toward self-government. It has largely completed its work and is currently inactive.
5. The International Court of Justice (ICJ) (Chapter XIV): Based in The Hague, the ICJ serves as the principal judicial organ of the UN, settling legal disputes between states and giving advisory opinions on legal questions.
6. The Secretariat (Chapter XV): Headed by the Secretary-General, who acts as the chief administrative officer and symbol of the UN’s ideals. The Secretariat carries out day-to-day functions, including conflict mediation, data collection, and coordination of international operations.

Purposes and Principles (Chapters I and II)

The Charter defines the purposes of the United Nations in Article 1 as follows:

1. To maintain international peace and security.
2. To develop friendly relations among nations based on equal rights and self-determination of peoples.
3. To achieve international cooperation in solving economic, social, cultural, and humanitarian problems.
4. To act as a centre for harmonising the actions of nations toward common goals.

The principles guiding member states include:

• Sovereign equality of all members.
• Fulfilment of international obligations in good faith.
• Peaceful settlement of disputes.
• Refraining from the threat or use of force.
• Non-intervention in domestic affairs of states.

These principles form the moral and legal foundation of the modern international system.

Membership

Membership in the United Nations is open to all peace-loving states that accept the obligations of the Charter and are able and willing to carry them out. Admission requires a recommendation by the Security Council and approval by the General Assembly.
There are currently 193 member states. A state may withdraw voluntarily, though no nation has ever formally done so. The suspension or expulsion of a member can occur by recommendation of the Security Council for persistent violations of the Charter.

Collective Security and Peacekeeping

Under Chapters VI and VII, the Charter provides mechanisms for maintaining international peace and security.

• Chapter VI (Pacific Settlement of Disputes): Encourages negotiation, mediation, conciliation, arbitration, and judicial settlement to resolve disputes peacefully.
• Chapter VII (Action with Respect to Threats to the Peace): Authorises the Security Council to take enforcement measures, including economic sanctions and military action, to restore peace.

Although the Charter does not explicitly mention “peacekeeping,” this practice evolved later as an innovative tool for conflict management, combining military presence with diplomacy under UN mandate.

Human Rights and Self-Determination

The UN Charter laid the groundwork for the promotion of human rights and self-determination of peoples. Articles 1(3) and 55 emphasise respect for human rights and fundamental freedoms for all without distinction of race, sex, language, or religion.
This commitment led to the adoption of major human rights instruments such as the Universal Declaration of Human Rights (1948) and subsequent conventions on civil, political, economic, and social rights.

Economic and Social Cooperation

Chapter IX of the Charter stresses international cooperation to promote higher living standards, full employment, and economic and social progress. This mandate is fulfilled through the activities of ECOSOC and the network of specialised agencies such as the World Health Organization (WHO), World Bank, International Monetary Fund (IMF), and UNESCO.

Amendments and Legal Status

The Charter may be amended by a two-thirds majority of the General Assembly, including ratification by two-thirds of the member states and all the permanent members of the Security Council. Only minor amendments have been made, such as enlarging the membership of the Security Council and ECOSOC.
The UN Charter functions as an international constitution, binding on all member states. According to Article 103, obligations under the Charter prevail over conflicting obligations from other international treaties, giving it supremacy in international law.

Criticism and Limitations

Despite its visionary framework, the Charter has faced criticism:

• The veto power of the permanent members often paralyses the Security Council during major crises.
• The UN’s structure still reflects the power distribution of 1945, making it less representative of contemporary global realities.
• Enforcement of human rights and peace resolutions depends largely on the political will of member states.

Nevertheless, the Charter remains the cornerstone of multilateral diplomacy and international governance.