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Enemy State clauses is a term used to refer to article 107 and parts of article 53 of the United Nations Charter. They are both exceptions to the general prohibition on the use of force in relation to countries that were part of the Axis.
Under article 107 States are allowed to take enforcement action "as a result of" World War II against "any State which during the Second World War has been an enemy of any signatory to the present Charter", while under article 53 regional arrangements directed against the renewal of aggressive policy by a former enemy State aren't required to seek Security Council authorization before taking measures to prevent further aggression.
Both provisions are considered to have fallen into desuetude [ by whom? ] after the conclusion of peace treaties and the admission to the UN of all former enemy States. While Germany and Japan have advocated for the deletion of these clauses from the Charter the removal so far hasn't taken place due to the complex amendment process. [1] [2] [3]
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.
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.
United Nations Security Council Resolution 242 (S/RES/242) was adopted unanimously by the UN Security Council on November 22, 1967, in the aftermath of the Six-Day War. It was adopted under Chapter VI of the UN Charter. The resolution was sponsored by British ambassador Lord Caradon and was one of five drafts under consideration.
Crimes against humanity are widespread or systemic criminal acts which are committed by or on behalf of a de facto authority, usually by or on behalf of a state, that grossly violate human rights. Unlike war crimes, crimes against humanity can be committed during both peace and war. They are not isolated or sporadic events because they are part of a government policy or they are part of a widespread practice of atrocities which is tolerated or condoned by a government or a de facto authority. They do not need to be part of an official policy, but they only need to be tolerated by authorities.
The Charter of the United Nations (UN) is the foundational treaty of the United Nations, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the Secretariat, the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the Trusteeship Council.
A declaration of war is a formal act by which one state announces existing or impending war activity against another. The declaration is a performative speech act by an authorized party of a national government, in order to create a state of war between two or more states.
A blockade is the act of actively preventing a country or region from receiving or sending out food, supplies, weapons, or communications, and sometimes people, by military force. A blockade differs from an embargo or sanction, which are legal barriers to trade rather than physical barriers. It is also distinct from a siege in that a blockade is usually directed at an entire country or region, rather than a fortress or city and the objective may not always be to conquer the area.
China is one of the charter members of the United Nations and is one of five permanent members of its Security Council.
A war of aggression, sometimes also war of conquest, is a military conflict waged without the justification of self-defense, usually for territorial gain and subjugation.
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 as "the only legitimate representative of China to the United Nations" and removed "the representatives of Chiang Kai-shek" from the United Nations.
The history of the United Nations as an international organization has its origins in World War II beginning with the Declaration of St James's Palace. Taking up the Wilsonian mantle in 1944-1945, US President Franklin D. Roosevelt pushed as his highest postwar priority the establishment of the United Nations to replace the defunct League of Nations. Roosevelt planned that it would be controlled by the United States, Soviet Union, United Kingdom and China. He expected this Big Four would resolve all major world problems at the powerful Security Council. However the UN was largely paralyzed by the veto of the Soviet Union when dealing with Cold War issues from 1947 to 1989. Since then its aims and activities have expanded to make it the archetypal international body in the early 21st century.
Since the late 1990s there have been many calls for reforms of the United Nations (UN). However, there is little clarity or consensus about what reform might mean in practice. Both those who want the UN to play a greater role in world affairs and those who want its role confined to humanitarian work or otherwise reduced use the term "UN reform" to refer to their ideas. The range of opinion extends from those who want to eliminate the UN entirely, to those who want to make it into a full-fledged world government. Secretaries-General have presented numerous ways to implement these new reforms. There have been reform efforts since the creation of the UN and closely associated with each of the Secretaries-General.
The Declaration by United Nations was the main treaty that formalized the Allies of World War II and was signed by 47 national governments between 1942 and 1945. On 1 January 1942, during the Arcadia Conference, the Allied "Big Four"—the United States, the United Kingdom, the Soviet Union, and China—signed a short document which later came to be known as the United Nations Declaration, and the next day the representatives of 22 other nations added their signatures.
A United Nations resolution is a formal text adopted by a United Nations (UN) body. Although any UN body can issue resolutions, in practice most resolutions are issued by the Security Council or the General Assembly.
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace and security".
The three-line United Nations Security Council Resolution 338, adopted on October 22, 1973, called for a ceasefire in the Yom Kippur War in accordance with a joint proposal by the United States and the Soviet Union. The resolution stipulated a cease fire to take effect within 12 hours of the adoption of the resolution. The "appropriate auspices" was interpreted to mean American or Soviet rather than UN auspices. This third clause helped to establish the framework for the Geneva Conference (1973) held in December 1973.
The United Nations Conference on International Organization (UNCIO), commonly known as the San Francisco Conference, was a convention of delegates from 50 Allied nations that took place from 25 April 1945 to 26 June 1945 in San Francisco, California, United States. At this convention, the delegates reviewed and rewrote the Dumbarton Oaks agreements of the previous year. The convention resulted in the creation of the United Nations Charter, which was opened for signature on 26 June, the last day of the conference. The conference was held at various locations, primarily the War Memorial Opera House, with the Charter being signed on 26 June at the Herbst Theatre in the Veterans Building, part of the Civic Center. A square adjacent to the Civic Center, called "UN Plaza", commemorates the conference.
Political leaders of the US and UK who led the arguments which resulted in the invasion of Iraq have claimed that the war was legal. However, legal experts, including the chairman of the Iraq Inquiry, John Chilcot, who led an investigation with hearings from 24 November 2009 to 2 February 2011, concluded that the process of identifying the legal basis for the invasion of Iraq was unsatisfactory and that the actions of the US and the UK have undermined the authority of the United Nations.
Chapter VIII of the United Nations Charter deals with regional arrangements. It authorizes regional organizations and even requires attempts to resolve disputes through such agencies prior to intervention by the UN Security Council. However, Article 53 provides that "no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council."
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, the United Kingdom, and the United States.
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