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Enemy State clauses is a term used to refer to Article 107 and parts of Articles 53 and 77 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. [1]
The enemy state clauses in the UN Charter are a set of transitional provisions tied to the Second World War, which includes:
These provisions were meant for the postwar transition. The precise end point of “enemy state” status was unclear and was not automatically removed by UN membership, as shown by the Four Powers’ statement in 1972 regarding the two German States. Over time, however, they have fallen into desuetude in practice. [2]
A 1995 UN General Assembly resolution recognized that the enemy state clause had "become obsolete" and announced its intention to begin the process of amending the Charter as provided for in Article 108 of the UN Charter. [3] While Germany and Japan have advocated for the deletion of these clauses from the Charter, they have not yet been removed as of 2025 [update] due to the complex amendment process. [4] [5] [6]
In November 2025, the Chinese embassy in Japan invoked the enemy state clauses, implying possible military action against Japan after Prime Minister Sanae Takaichi told the National Diet, in response to a hypothetical question, that a Taiwan Strait crisis could pose a "survival-threatening situation" for Japan justifying military intervention. [7] [8] Fu Cong, China’s representative to the UN, told the General Assembly that Japan had previously invaded its neighbours under the pretext of a “survival-threatening situation”, citing the 1931 invasion of Manchuria, and warned that China would use its right of self-defence under the UN Charter if Japan intervened militarily in Taiwan. [9] Japan rejected the claim that China can take military action against it under the enemy state clauses, stressing that these provisions were declared obsolete by a 1995 UN General Assembly resolution that China itself supported. [10]
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