Expulsion from the United Nations

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Expulsion from the United Nations is a procedure under Article 6, Chapter II of the United Nations Charter when a member state of the United Nations can be expelled from the organization. This can be done when a member state has persistently violated the principles of the United Nations Charter. [1] No state has ever been expelled from the UN, although the exclusion of the Republic of China (replaced by the People's Republic of China) through General Assembly Resolution 2758 had a similar effect. [2] [3]

Contents

Separately, Article 5 of the Charter allows for suspension of a state's membership through the same procedure. [3] [1]

History

During the existence of the United Nations' predecessor, the League of Nations, the Soviet Union was expelled from the organization as the initiator of the Winter War with Finland.

No state has ever been expelled from the United Nations. According to the Repertory of practice of United Nations organs, at least two attempts have been made to expel a state: South Africa for its policy of apartheid in 1974, and Israel for its occupation of the Palestinian territories. Neither attempt was successful. [4] [5]

Republic of China

After the Chinese Civil War and the retreat of the government of Republic of China to Taiwan, the PRC lobbied for the exclusion of the Republic of China from the United Nations. Particularly, in 1971 the PRC through its proxies passed along a letter from its Ministry of Foreign Affairs stating that Taiwan was a part of its territory that was returned after World War II, and that Beijing would "have absolutely nothing to do with the [UN]" if it adopted a position of "'two Chinas', 'one China, one Taiwan,' or 'the status of Taiwan remaining to be determined'". [6] This claim was reiterated again during debates in the United Nations General Assembly. [6] At the time, it was viewed as a question of representation (of which government should represent China in the UN) rather than a question of admission of the PRC. [7] Eventually, the Republic of China was stripped of its 26-year-long UN membership and replaced by the PRC in the United Nations Security Council. The expulsion occurred despite the fact that the Republic of China had been one of the founding members of the United Nations, with diplomatic recognition of other UN members. Nonetheless, the mention of the Republic of China rather than People's Republic of China among Security Council members in the United Nations Charter has been retained since.

Proposed expulsion of Russia

After the Russian invasion of Ukraine in 2022 and adoption of General Assembly Resolution ES-11/1, the presence of Russia in the United Nations Security Council has been questioned. Although the membership of the Union of Soviet Socialist Republics, the predecessor to Russia, is enshrined in Article 23 of the United Nations Charter and its veto power cannot be revoked because of Article 27 of the Charter, some have argued that Russia could not veto a resolution proposing its expulsion under Article 6 of the Charter because Article 27 obliges members of the Security Council to abstain from voting in certain disputes to which they are a party. [8] That provision, however, only applies to decisions of the Security Council under Chapter VI and Article 52(3) of the Charter, not to expulsions. Since Russia would presumably veto its own expulsion, the issue of any potential expulsion of Russia from the United Nations is therefore moot. [9] [10] [11]

Proposed expulsion of Israel

On November 4, 2024, amidst the Israel–Hamas war, Malaysia said it was developing a proposal to expel Israel from the United Nations. [12] [13]

Related Research Articles

<span class="mw-page-title-main">Foreign relations of Taiwan</span>

Foreign relations of the Republic of China (ROC), more commonly known as Taiwan, are accomplished by efforts of the Ministry of Foreign Affairs of the Republic of China, a cabinet-level ministry of the Government of the Republic of China. As of January 2024, the ROC has formal diplomatic relations with 11 of the 193 United Nations member states and with the Holy See, which governs the Vatican City State. In addition to these relations, the ROC also maintains unofficial relations with 59 UN member states, one self-declared state (Somaliland), three territories (Guam, Hong Kong, and Macau), and the European Union via its representative offices and consulates. In 2021, the Government of the Republic of China had the 33rd largest diplomatic network in the world with 110 offices.

<span class="mw-page-title-main">United Nations Security Council</span> One of the six principal organs of the UN

The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, and approving any changes to the UN Charter. Its powers as outlined in the United Nations Charter include establishing peacekeeping operations, enacting international sanctions, and authorizing military action. The UNSC is the only UN body with authority to issue resolutions that are binding on member states.

<span class="mw-page-title-main">Member states of the United Nations</span>

The member states of the United Nations comprise 193 sovereign states. The United Nations (UN) is the world's largest intergovernmental organization. All members have equal representation in the UN General Assembly.

A United Nations General Assembly resolution is a decision or declaration voted on by all member states of the United Nations in the General Assembly.

China is one of the members of the United Nations and is one of five permanent members of its Security Council. One of the victorious Allies of World War II, the Republic of China (ROC) joined the UN as one of its founding member countries in 1945. The subsequent resumption of the Chinese Civil War between the government of Republic of China and the rebel forces of the Chinese Communist Party, led to the latter's victory on the mainland and the establishment of the People's Republic of China (PRC) in 1949. Nearly all of Mainland China was soon under its control and the ROC government retreated to the island of Taiwan.

The United States is a charter member of the United Nations and one of five permanent members of the UN Security Council.

<span class="mw-page-title-main">United Nations General Assembly Resolution 2758 (XXVI)</span> 1971 UN resolution recognizing the PRC as the representative of China

The United Nations General Assembly Resolution 2758 was passed in response to the United Nations General Assembly Resolution 1668 that required any change in China's representation in the UN be determined by a two-thirds vote referring to Article 18 of the UN Charter. The resolution, passed on 25 October 1971, recognized the People's Republic of China (PRC) as "the only legitimate representative of China to the United Nations" and removed "the representatives of Chiang Kai-shek" from the United Nations. In the 2020s, disputes over the interpretation of the resolution have arisen, with Taiwan, United States, the European Union, and Australia disagreeing with the PRC's interpretation.

The United Nations General Assembly has granted observer status to international organizations, entities, and non-member states, to enable them to participate in the work of the United Nations General Assembly, though with limitations. The General Assembly determines the privileges it will grant to each observer, beyond those laid down in a 1986 Conference on treaties between states and international organizations. Exceptionally, the European Union (EU) was in 2011 granted the right to speak in debates, to submit proposals and amendments, the right of reply, to raise points of order and to circulate documents, etc. As of May 2011, the EU is the only international organization to hold these enhanced rights, which has been likened to the rights of full membership, short of the right to vote.

<span class="mw-page-title-main">Russia and the United Nations</span>

The Russian Federation succeeded to the Soviet Union's seat, including its permanent membership on the Security Council in the United Nations after the 1991 dissolution of the Soviet Union, which originally co-founded the UN in 1945. The succession was supported by the USSR's former members and was not objected to by the UN membership; Russia accounted for more than 75% of the Soviet Union's economy, the majority of its population and 75% of its land mass; in addition, the history of the Soviet Union began in Russia with the October Revolution in 1917 in Petrograd. If there was to be a successor to the Soviet seat on the Security Council among the former Soviet republics, these factors made Russia seem a logical choice. Nonetheless, due to the rather inflexible wording of the UN Charter and its lack of provision for succession, the succession's technical legality has been questioned by some international lawyers.

<span class="mw-page-title-main">United Nations Security Council veto power</span> Legal power of the five permanent UNSC member states to veto resolutions

The United Nations Security Council veto power is the power of the five permanent members of the UN Security Council to veto any decision other than a "procedural" decision.

Amendments to the United Nations Charter can be made by a procedure set out in Chapter XVIII of the UN Charter. The UN Charter has been amended five times since 1945.

<span class="mw-page-title-main">Taiwan, China</span> Term for Taiwan as part of China

"Taiwan, China", "Taiwan, Province of China", and "Taipei, China" are controversial political terms that claim Taiwan and its associated territories as a province or territory of the People's Republic of China.

<span class="mw-page-title-main">Enlargement of the United Nations</span> Joining of each UN member

As of 4 November 2024, there are 193 member states in the United Nations (UN), each of which is a member of the United Nations General Assembly.

Chapter II of the United Nations Charter deals with membership to the United Nations (UN) organization. Membership is open to the original signatories and "all other peace-loving states" that accept the terms and obligations set forth in the UN Charter and, "in the judgment of the Organization, are able and willing to carry out these obligations". According to Chapter II of the UN Charter, in order to be admitted to the UN, a country must first be recommended by the UN Security Council and then approved by a vote of the UN General Assembly. In addition, the admission must not be opposed by any of the five permanent members of the UN Security Council, sometimes referred to as the Permanent Five or P5.

The United Nations has been criticized for a variety of reasons, including its policies, ideology, equality of representation, administration, ability to enforce rulings, and ideological bias.

<span class="mw-page-title-main">China–Palestine relations</span> Bilateral relations

China–Palestine relations, also referred to as Sino–Palestinian relations, encompass the long bilateral relationship between China and Palestine dating back from the early years of the Cold War.

<span class="mw-page-title-main">Permanent members of the United Nations Security Council</span> Five countries influential in world affairs

The permanent members of the United Nations Security Council are the five sovereign states to whom the UN Charter of 1945 grants a permanent seat on the UN Security Council: China, France, Russia, United Kingdom, and United States.

The People's Republic of China was established in 1949 and was not recognized by the United Nations (UN) as the legitimate government of China until 1971. Prior to then, the Republic of China represented the interests of China, with both it and the PRC claiming to be the only legitimate representative of whole China. In 1950, the PRC requested its admission to the UN and the expulsion of the representatives of the Kuomintang from the United Nations Security Council; the request was unsuccessful, after which the Soviet Union initiated a boycott of the UN. Following that, annual motions for the PRC's recognition were introduced by a variety of UN member states, until the PRC was formally recognized in October 1971.

Taiwan, officially known as the Republic of China, has not been a charter member of the United Nations (UN) since 1971. Historically, the Republic of China joined the United Nations as a founding member and was one of five permanent members of the Security Council until the People's Republic of China took the "China" seat in 1971.

Chinese legitimacy question is the question regarding the political legitimacy of representing "China", and what polity is considered as "legitimate government of China" or "legitimate representative of China".

References

  1. 1 2 "Frequently asked questions". United Nations Office at Vienna . Retrieved 17 December 2023.
  2. ↑ Schermers, Henry G.; Blokker, Niels M. (2018). International Institutional Law: Unity within Diversity (6th ed.). Leiden / Boston: Brill Nijhoff. p. 216. ISBN   9789004381681.
  3. 1 2 Tams 2024, p. 542.
  4. ↑ Tams 2024, pp. 550–551.
  5. ↑ van de Riet, Joris (2023-02-11). "No, Russia Can (Still) Not be Removed From the UN Security Council: A Response to Thomas Grant and Others: Part One". Opinio Juris. Retrieved 2024-10-15.
  6. 1 2 "The Distortion of UN Resolution 2758 to Limit Taiwan's Access to the United Nations" (PDF). German Marshall Fund. March 2022. Retrieved 17 December 2023.
  7. ↑ Evan Luard (October 1971). "China and the United Nations". International Affairs. JSTOR . Retrieved 17 December 2023.
  8. ↑ Ariel Cohen and Vladislav Inozemtsev. "How to expel Russia from the UN". The Hill . Retrieved 17 December 2023.
  9. ↑ van de Riet, Joris (2022-03-22). "No, Russia cannot be removed from the UN Security Council". Leiden Law Blog. Retrieved 2024-09-04.
  10. ↑ Peters 2023, p. 164.
  11. ↑ Chappell, John; Svoboda, Emma (2022-02-11). "Must Russia Abstain on Security Council Votes Regarding the Ukraine Crisis?". Lawfare . Retrieved 2024-09-04.
  12. ↑ "Malaysia seeks Israel's expulsion from the United Nations". South China Morning Post. 2024-11-05. Retrieved 2024-11-07.
  13. ↑ "Malaysia backs expelling Israel from UN". Middle East Monitor. 4 November 2024. Retrieved 7 November 2024.
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