CHARTER OF THE UNITED NATIONS

AND

STATUTE OF THE
INTERNATIONAL COURT OF JUSTICE

SAN FRANCISCO • 1945

 CHARTER OFTHE UNITED NATIONS

WE THE PEOPLES OF THE UNITED NATIONS

DETERMINED
to save succeeding generations from the scourge of war, which twice in our life-
time 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 disputes by peaceful means in such a manner that
PURPOSES AND PRINCIPLES international peace and security, and justice, are
not endangered.
Article 1 4. All Members shall refrain in their interna-
The^Purposes of the United Nations are: tional relations from the threat or use of force
1. To maintain international peace and se- against the territorial integrity or political inde-
curity, and to that end: to take effective collec- pendence of any state, or in any other manner
tive measures for the prevention and removal of inconsistent with the Purposes of the United
threats to the peace, and for the suppression of Nations.
acts of aggression or other breaches of the peace, 5. All Members shall give the United Nations
and to bring about by peaceful means, and in con- every assistance in any action it takes in accord-
formity with the principles of justice and inter- ance with the present Charter, and shall refrain
national law, adjustment or settlement of inter- from giving assistance to any state against which
national disputes or situations which might lead the United Nations is taking preventive or enforce-
to a breach of the peace; ment action.
2. To develop friendly relations among nations 6. The Organization shall ensure that states
based on respect for the principle of equal rights which are not Members of the United Nations act
and self-determination of peoples, and to take in accordance with these Principles so far as may
other appropriate measures to strengthen univer- be necessary for the maintenance of international
sal peace; peace and security.
3. To achieve international cooperation in 7. Nothing contained in the present Charter
solving international problems of an economic, shall authorize the United Nations to intervene in
social, cultural, or humanitarian character, and in matters which are essentially within the domestic
promoting and encouraging respect for human jurisdiction of any state or shall require the Mem-
rights and for fundamental freedoms for all with- bers to submit such matters to settlement under
out distinction as to race, sex, language, or re- the present Charter; but this principle shall not
ligion; and prejudice the application of enforcement meas-
4. To be a center for harmonizing the actions ures under Chapter VII.
of nations in the attainment of these common ends.

Article 2
The Organization and its Members, in pursuit CHAPTER II
of the Purposes stated in Article 1, shall act in MEMBERSHIP
accordance with the following Principles.
1. The Organization is based on the principle Article 3
of the sovereign equality of all its Members. The original Members of the United Nations
2. All Members, in order to ensure to all of shall be the states which, having participated in
them the rights and benefits resulting from mem- the United Nations Conference on International
bership, shall fulfil in good faith the obligations Organization at San Francisco, or having previ-
assumed by them in accordance with the present ously signed the Declaration by United Nations
Charter. of January 1,1942, sign the present Charter and
3. All Members shall settle their international ratify it in accordance with Article 110.
 Article 4 Article 8
1. Membership in the United Nations is open The United Nations shall place no restrictions
to all other peace-loving states which accept the on the eligibility of men and women to participate
obligations contained in the present Charter and, in any capacity and under conditions of equality
in the judgment of the Organization, are able and in-its principal and subsidiary organs.
willing to carry out these obligations.
2. The admission of any such state to mem-
bership in the United Nations will be effected by a
decision of the General Assembly upon the recom- CHAPTER IV
mendation of the Security Council. THE GENERAL ASSEMBLY
Article 5 / Composition
A Member of the United Nations against which Article 9
preventive or enforcement action has been taken 1. The General Assembly shall consist of all
by the Security Council may be suspended from the Members of the United Nations.
the exercise of the rights and privileges of mem- 2. Each Member shall have not more than five
bership by the General Assembly upon the recom- representatives in the General Assembly.
mendation of the Security Council. The exercise
of these rights and privileges may be restored by Functions and Powers
the Security Council. Article 10
The General Assembly may discuss any ques-
Article 6 tions or any matters within the scope of the present
A Member of the United Nations which has Charter or relating to the powers and functions of
persistently violated the Principles contained in any organs provided for in the present Charter,
the present Charter may be expelled from the and, except as provided in Article 12, may make
Organization by the General Assembly upon the recommendations to the Members of the United
recommendation of the Security Council. Nations or to the Security Council or to both on
any such questions or matters.

Article 11
CHAPTER III 1. The General Assembly may consider the
ORGANS general principles of cooperation in the mainte-
nance of international peace and security, includ-
Article 7 ing the principles governing disarmament and the
1. There are established as the principal or- regulation of armaments, and may make recom-
gans of the United Nations: a General Assem- mendations with regard to such principles to the
bly, a Security Council, an Economic and Social Members or to the Security Council or to both.
Council, a Trusteeship Council, an International 2. The General Assembly may discuss any
Court of Justice, and a Secretariat. questions relating to the maintenance of inter-
2. Such subsidiary organs as may be found national peace and security brought before it by
necessary may be established in accordance with any Member of the United Nations, or by the
the present Charter. Security Council, or by a state which is not a
Member of the United Nations in accordance with b. promoting international cooperation in
Article 35, paragraph 2, and, except as provided the economic, social, cultural, educational, and
in Article 12, may make recommendations with health fields, and assisting in the realization of
regard to any such questions to the state or states human rights and fundamental freedoms for
concerned or to the Security Council or to both. all without distinction as to race, sex, language,
Any such question on which action is necessary or religion.
shall be referred to the Security Council by the 2. The further responsibilities, functions, and
General Assembly either before or after dis- powers of the General Assembly with respect to
cussion. matters mentioned in paragraph l(b) above are
3. The General Assembly may call the atten- set forth in Chapters IX and X.
tion of the Security Council to situations which
are likely to endanger international peace and Article 14
security. Subject to the provisions of Article 12, the
4. The powers of the General Assembly set General Assembly may recommend measures for
forth in this Article shall not limit the general the peaceful adjustment of any situation, regard-
scope of Article 10. less of origin, which it deems likely to impair the
general welfare or friendly relations among na-
Article 12 tions, including situations resulting from a viola-
1. While the Security Council is exercising in tion of the provisions of the present Charter setting
respect of any dispute or situation the functions forth the Purposes and Principles of the United
assigned to it in the present Charter, the General Nations.
Assembly shall not make any recommendation Article 15
with regard to that dispute or situation unless the 1. The General Assembly shall receive and
Security Council so requests. consider annual and special reports from the Se-
2. The Secretary-General, with the consent of curity Council; these reports shall include an
the Security Council, shall notify the General account of the measures that the Security Council
Assembly at each session of any matters relative has decided upon or taken to maintain interna-
to the maintenance of international peace and tional peace and security.
security which are being dealt with by the Security 2. The General Assembly shall receive and
Council and shall similarly notify the General consider reports from the other organs of the
Assembly, or the Members of the United Nations United Nations.
if the General Assembly is not in session, immedi-
ately the Security Council ceases to deal with such Article 16
matters. The General Assembly shall perform such
functions with respect to the international trus-
Article 13 teeship system as are assigned to it under Chap-
1. The General Assembly shall initiate studies ters XII and XIII, including the approval of the
and make recommendations for the purpose of : trusteeship agreements for areas not designated
a. promoting international cooperation in as strategic.
the political field and encouraging the progres- Article 17
sive development of international law and its 1. The General Assembly shall consider and
codification; approve the budget of the Organization.
 2. The expenses of the Organization shall be due from it for the preceding two full years. The
borne by the Members as apportioned by the General Assembly may, nevertheless, permit such
General Assembly. a Member to vote if it is satisfied that the failure
3. The General Assembly shall consider and to pay is due to conditions beyond the control of
approve any financial and budgetary arrange- the Member.
ments with specialized agencies referred to in
Article 57 and shall examine the administra- Procedure
tive budgets of such specialized agencies with a Article 20
view to making recommendations to the agencies The General Assembly shall meet in regular
concerned. annual sessions and in such special sessions as
occasion may require. Special sessions shall be
Voting convoked by the Secretary-General at the request
Article 18 of the Security Council or of a majority of the
1. Each member of the General Assembly Members of the United Nations.
shall have one vote.
2. Decisions of the General Assembly on im- Article 21
portant questions shall be made by a two-thirds The General Assembly shall adopt its own rules
majority of the members present and voting. of procedure. It shall elect its President for each
These questions shall include: recommendations session.
with respect to the maintenance of international
peace and security, the election of the non-perma- Article 22
nent members of the Security Council, the elec- The General Assembly may establish such
tion of the members of the Economic and Social subsidiary organs as it deems necessary for the
Council, the election of members of the Trustee- performance of its functions.
ship Council in accordance with paragraph l(c)
of Article 86, the admission of new Members to
the United Nations, the suspension of the rights CHAPTER V
and privileges of membership, the expulsion of
THE SECURITY COUNCIL
Members, questions relating to the operation of
the trusteeship system, and budgetary questions. Composition
3. Decisions on other questions, including the Article 23
determination of additional categories of ques- 1. The Security Council shall consist of eleven
tions to be decided by a two-thirds majority, shall Members of the United Nations. The Republic
be made by a majority of the members present of China, France, the Union of Soviet Socialist
and voting. Republics, the United Kingdom of Great Britain
and Northern Ireland, and the United States of
Article 19 America shall be permanent members of the
A Member of the United Nations which is in Security Council. The General Assembly shall
arrears in the payment of its financial contribu- elect six other Members of the United Nations to
tions to the Organization shall have no vote in be non-permanent members of the Security Coun-
the General Assembly if the amount of its arrears cil, due regard being specially paid, in the first
equals or exceeds the amount of the contributions instance to the contribution of Members of the
United Nations to the maintenance of interna- curity Council shall be responsible for formulat-
tional peace and security and to the other pur- ing, with the assistance of the Military Staff Com-
poses of the Organization, and also to equitable mittee referred to in Article 47, plans to be sub-
geographical distribution. mitted to the Members of the United Nations for
2. The non-permanent members of the Se- the establishment of a system for the regulation
curity Council shall be elected for a term of two "of armaments.
years. In the first election of the non-permanent
members, however, three shall be chosen for a Voting
term of one year. A retiring member shall not be Article 27
eligible for immediate re-election. 1. Each member of the Security Council shall
3. Each member of the Security Council shall have one vote.
have one representative. 2. Decisions of the Security Council on pro-
cedural matters shall be made by an affirmative
Functions and Powers vote of seven members.
Article 24 3. Decisions of the Security Council on all
1. In order to ensure prompt and effective other matters shall be made by an affirmative vote
action by the United Nations, its Members confer of seven members including the concurring votes
on the Security Council primary responsibility of the permanent members ; provided that, in deci-
for the maintenance of international peace and sions under Chapter VI, and under paragraph 3
security, and agree that in carrying out its duties of Article 52, a party to a dispute shall abstain
under this responsibility the Security Council acts from voting.
on their behalf.
2. In discharging these duties the Security Procedure
Council shall act in accordance with the Purposes Article
and Principles of the United Nations. The specific 1. The Security Council shall be so organized
powers granted to the Security Council for the as to be able to function continuously. Each
discharge of these duties are laid down in Chapters member of the Security Council shall for this pur-
VI, VII, VIII, and XII. pose be represented at all times at the seat of the
3. The Security Council shall submit annual Organization.
and, when necessary, special reports to the Gen- 2. The Security Council shall hold periodic
eral Assembly for its consideration. meetings at which each of its members may, if it
so desires, be represented by a member of the
Article 25 government or by some other specially designated
The Members of the United Nations agree to representative.
accept and carry out the decisions of the Security 3. The Security Council may hold meetings at
Council in accordance with the present Charter. such places other than the seat of the Organization
as in its judgment will best facilitate its work.
Article 26
In order to promote the establishment and Article 29
maintenance of international peace and security The Security Council may establish such sub-
with the least diversion for armaments of the sidiary organs as it deems necessary for the per-
world's human and economic resources, the Se- formance of its functions.
 Article 30 national friction or give rise to a dispute, in order
The Security Council shall adopt its own rules to determine whether the continuance of the dis-
of procedure, including the method of selecting pute or situation is likely to endanger the main-
its President. tenance of international peace and security.
Article 31
Any Member of the United Nations which is not Article 35
a member of the Security Council may participate, 1. Any Member of the United Nations may
without vote, in the discussion of any question bring any dispute, or any situation of the nature
brought before the Security Council whenever the referred to in Article 34, to the attention of the
latter considers that the interests of that Member Security Council or of the General Assembly.
are specially affected. 2. A state which is not a Member of the United
Nations may bring to the attention of the Security
Article 32 Council or of the General Assembly any dispute
Any Member of the United Nations which is to which it is a party if it accepts in advance, for
not a member of the Security Council or any state the purposes of the dispute, the obligations of
which is not a Member of the United Nations, if pacific settlement provided in the present Charter.
it is a party to a dispute under consideration by 3. The proceedings of the General Assembly
the Security Council, shall be invited to partici- in respect of matters brought to its attention under
pate, without vote, in the discussion relating to this Article will be subject to the provisions of
the dispute. The Security Council shall lay down Articles 11 and 12.
such conditions as it deems just for the participa-
tion, of a state which is not a Member of the United Article 36
Nations. 1. The Security Council may, at any stage of
a dispute of the nature referred to in Article 33
CHAPTER VI or of a situation of like nature, recommend appro-
PACIFIC SETTLEMENT OF DISPUTES priate procedures or methods of adjustment.
2. The Security Council should take into con-
Article 33 sideration any procedures for the settlement of
1. The parties to any dispute, the continuance the dispute which have already been adopted by
of which is likely to endanger the maintenance of the parties.
international peace and security, shall, first of all, 3. In making recommendations under this Ar-
seek a solution by negotiation, enquiry, mediation, ticle the Security Council should also take into
conciliation, arbitration, judicial settlement, re- consideration that legal disputes should as a gen-
sort to regional agencies or arrangements, or other eral rule be referred by the parties to the Interna-
peaceful means of their own choice. tional Court of Justice in accordance with the
2. The Security Council shall, when it deems provisions of the Statute of the Court.
necessary, call upon the parties to settle their
dispute by such means. Article 37
1. Should the parties to a dispute of the nature
Article 34 referred to in Article 33 fail to settle it by the
The Security Council may investigate any dis- means indicated in that Article, they shall refer it
pute, or any situation which might lead to inter- to the Security Council.
8
 2. If the Security Council deems that the con- employed to give effect to its decisions, and it may
tinuance of the dispute is in fact likely to endanger call upon the Members of the United Nations to
the maintenance of international peace and se- apply such measures. These may include com-
curity, it shall decide whether to take action under plete or partial interruption of economic relations
Article 36 or to recommend such terms of settle- and of rail, sea, air, postal, telegraphic, radio,
ment as it may consider appropriate. and other means of communication, and the sev-
erance of diplomatic relations.
Article 38
Without prejudice to the provisions of Articles Article 42
33 to 37, the Security Council may, if all the par- Should the Security Council consider that meas-
ties to any dispute so request, make recommenda- ures provided for in Article 41 would be inade-
tions to the parties with a view to a pacific settle- quate or have proved to be inadequate, it may take
ment of the dispute. such action by air, sea, or land forces as may be
necessary to maintain or restore international
CHAPTER W peace and security. Such action may include
demonstrations, blockade, and other operations
ACTION WITH RESPECT TO THREATS TO
by air, sea, or land forces of Members of the United
THE PEACE, BREACHES OF THE PEACE,
Nations.
AND ACTS OF AGGRESSION
Article 43
Article 39 1. All Members of the United Nations, in order
The Security Council shall determine the exist- to contribute to the maintenance of international
ence of any threat to the peace, breach of the peace and security, undertake to make available
peace, or act of aggression and shall make recom- to the Security Council, on its call and in accord-
mendations, or decide what measures shall be ance with a special agreement or agreements,
taken in accordance with Articles 41 and 42, to armed forces, assistance, and facilities, including
maintain or restore international peace and se- rights of passage, necessary for the purpose of
curity. maintaining international peace and security.
Article 40 2. Such agreement or agreements shall govern
In order to prevent an aggravation of the situa- the numbers and types of forces, their degree of
tion, the Security Council may, before making the readiness and general location, and the nature of
recommendations or deciding upon the measures the facilities and assistance to be provided.
provided for in Article 39, call upon the parties 3. The agreement or agreements shall be ne-
concerned to comply with such provisional meas- gotiated as soon as possible on the initiative of the
ures as it deems necessary or desirable. Such pro- Security Council. They shall be concluded be-
visional measures shall be without prejudice to the tween the Security Council and Members or be-
rights, claims, or position of the parties concerned. tween the Security Council and groups of Members
The Security Council shall duly take account of and shall be subject to ratification by the signatory
failure to comply with such provisional measures. states in accordance with their respective constitu-
tional processes. .
Article 41 Article 44
The Security Council may decide what meas- When the Security Council has decided to use
ures not involving the use of armed force are to be force it shall, before calling upon a Member not
represented on it to provide armed forces in ful- 3. The Military Staff Committee shall be re-
filhnent of the obligations assumed under Article sponsible under the Security Council for the
43, invite that Member, if the Member so desires, strategic direction of any armed forces placed at
to participate in the decisions of the Security the disposal of the Security Council. Questions
Council concerning the employment of contin- relating to the command of such forces shall be
gents of that Member's armed forces. worked out subsequently.
4. The Military Staff Committee, with the
Article 45 authorization of the Security Council and after
In order to enable the United Nations to take consultation with appropriate regional agencies,
urgent military measures, Members shall hold may establish regional subcommittees.
immediately available national air-force contin-
gents for combined international enforcement ac- Article 48
tion. The strength and degree of readiness of these 1. The action required to carry out the deci-
contingents and plans for their combined action sions of the Security Council for the mainte-
shall be determined, within the limits laid down in nance of international peace and security shall be
the special agreement or agreements referred to taken by all the Members of the United Nations
in Article 43, by the Security Council with the or by some of them, as the Security Council may
assistance of the Military Staff Committee. determine.
2. Such decisions shall be carried out by the
Article 46 Members of the United Nations directly and
Plans for the application of armed force shall through their action in the appropriate interna-
be made by the Security Council with the assist- tional agencies of which they are members.
ance of the Military Staff Committee.
Article 49
Article 47 The Members of the United Nations shall join
1. There shall be established a Military Staff in affording mutual assistance in carrying out the
Committee to advise and assist the Security measures decided upon by the Security Council.
Council on all questions relating to the Security
Council's military requirements for the mainte- Article 50
nance of international peace and security, the em- If preventive or enforcement measures against
ployment and command of forces placed at its any state are taken by the Security Council, any
disposal, the regulation of armaments, and pos- other state, whether a Member of the United
sible disarmament. Nations or not, which finds itself confronted with
2. The Military Staff Committee shall consist special economic problems arising from the carry-
of the Chiefs of Staff of the permanent members ing out of those measures shall have the right to
of the Security Council or their representatives. consult the Security Council with regard to a solu-
Any Member of the United Nations not perma- tion of those problems.
nently represented on the Committee shall be in-
vited by the Committee to be associated with it Article 51
when the efficient discharge of the Committee's Nothing in the present Charter shall impair the
responsibilities requires the participation of that inherent right of individual or collective self-
Member in its work. defense if an armed attack occurs against a Mem-
10
her of the United Nations, until the Security Coun- agencies for enforcement action Under its author-
cil has taken the measures necessary to maintain ity. But no enforcement action shall be taken
international peace and security. Measures taken under regional arrangements or by regional agen-
by Members in the exercise of this right of self- cies without the authorization of the Security
defense shall be immediately reported to the Se- Council* with the exception of measures against
curity Council and shall not in any way affect the any enemy state, as defined in paragraph 2 of
authority and responsibility of the Security Coun- this Article, provided for pursuant to Article
cil under the present Charter to take at any time 107 or in regional arrangements directed against
such action as it deems necessary in order to main- renewal of aggressive policy on the part of any
tain or restore international peace and security. such state, until such time as the Organization
may, on request of the Governments concerned,
be charged with the responsibility for preventing
CHAPTER VIII further aggression by such a state.
REGIONAL ARRANGEMENTS 2. The term enemy state as used in paragraph
1 of this Article applies to any state which during
Article 52 the Second World War has been an enemy of any
1. Nothing in the present Charter precludes signatory of the present Charter.
the existence of regional arrangements or agen-
cies for dealing with such matters relating to the Article 54
maintenance of international peace and security The Security Council shall at all times be kept
as are appropriate for regional action, provided fully informed of activities undertaken or in con-
that such arrangements or agencies and their ac- templation under regional arrangements or by
tivities are consistent with the Purposes and Prin- regional agencies for the maintenance of inter-
ciples of the United Nations. national peace and security.
2. The Members of the United Nations enter-
ing into such arrangements or constituting such
agencies shall make every effort to achieve pacific CHAPTER IX
settlement of local disputes through such re- INTERNATIONAL ECONOMIC AND
gional arrangements or by such regional agencies SOCIAL COOPERATION
before referring them to the Security Council.
3. The Security Council shall encourage the Article 55
development of pacific settlement of local dis- With a view to the creation of conditions of
putes through such regional arrangements or by stability and well-being which are necessary for
such regional agencies either on the initiative of peaceful and friendly relations among nations
the states concerned or by reference from the based on respect for the principle of equal rights
Security Council. and self-determination of peoples, the United
4. This Article in no way impairs the applica- Nations shall promote:
tion of .Articles 34 and 35. a. higher standards of living, full employ-
ment, and conditions of economic and social
Article 53 progress and development;
1. The Security Council shall, where appro- b. solutions of international economic, so-
priate, utilize such regional arrangements or cial, health, and related problems; and inter-
11
 national cultural and educational cooperation; the Economic and Social Council, which shall
and have for this purpose the powers set forth in
c. universal respect for, and observance of, Chapter X.
human rights and fundamental freedoms for
all without distinction as to race, sex, language,
or religion. CHAPTER X
Article 56 THE ECONOMIC AND SOCIAL COUNCIL
All Members pledge themselves to take joint
and separate action in cooperation with the Or- Composition
ganization for the achievement of the purposes set Article 61
forth in Article 55. 1. The Economic and Social Council shall con-
sist of eighteen Members of the United Nations
Article 57 elected by the General Assembly.
1. The various specialized agencies, estab- 2. Subject to the provisions of paragraph 3,
lished by intergovernmental agreement and hav- six members of the Economic and Social Council
ing wide international responsibilities, as defined shall be elected each year for a term of three years.
in their basic instruments, in economic, social, A retiring member shall be eligible for immediate
cultural, educational, health, and related fields, re-election.
shall be brought into relationship with the United 3. At the first election, eighteen members of
Nations in accordance with the provisions of the Economic and Social Council shall be chosen.
Article 63. The term of office of six members so chosen shall
2. Such agencies thus brought into relation- expire at the end of one year, and of six other
ship with the United Nations are hereinafter re- members at the end of two years, in accordance
ferred to as specialized agencies. with arrangements made by the General Assembly.
4. Each member of the Economic and Social
Article 58 Council shall have one representative.
The Organization shall make recommendations
for the coordination of the policies and activities Functions and Powers
of the specialized agencies. Article 62
1. The Economic and Social Council may make
Article 59 or initiate studies and reports with respect to inter-
The Organization shall, where appropriate, national economic, social, cultural, educational,
initiate negotiations among the states concerned health, and related matters and may make recom-
for the creation of any new specialized agencies mendations with respect to any such matters to the
required for the accomplishment of the purposes General Assembly, to the Members of the United
set forth in Article 55. Nations, and to the specialized agencies concerned.
2. It may make recommendations for the pur-
Article 60 pose of promoting respect for, and observance of,
Responsibility for the discharge of the func- human rights and fundamental freedoms for all.
tions of the Organization set forth in this Chap- 3. It may prepare draft conventions for sub-
ter shall be vested in the General Assembly and, mission to the General Assembly, with respect to
under the authority of the General Assembly, in matters falling within its competence.
12
 4. It may call, in accordance with the rules Assembly, perform services at the request of
prescribed by the United Nations, international Members of the United Nations and at the request
conferences on matters falling within its com- of specialized agencies.
petence. 3. It shall perform such other functions as are
Article 63 specified elsewhere in the present Charter or as
1. The Economic and Social Council may en- may be assigned to it by the General Assembly.
ter into agreements with any of the agencies re-
ferred to in Article 57, defining the terms on Voting
which the agency concerned shall be brought into Article 67
relationship with the United Nations. Such agree- 1. Each member of the Economic and Social
ments shall be subject to approval by the Gen- Council shall have one vote.
eral Assembly. 2. Decisions of the Economic and Social Coun-
2. It may coordinate the activities of the spe- cil shall be made by a majority of the members
cialized agencies through consultation with and present and voting.
recommendations to such agencies and through
recommendations to the General Assembly and to Procedure
the Members of the United Nations. Article 68
The Economic and Social Council shall set up
Article 64 commissions in economic and social fields and for
1. The Economic and Social Council may the promotion of human rights, and such other
take appropriate steps to obtain regular reports commissions as may be required for the perform-
from the specialized agencies. It may make ar- ance of its functions.
rangements with the Members of the United
Nations and with the specialized agencies to obtain Article 69
reports on the steps taken to give effect to its own The Economic and Social Council shall invite
recommendations and to recommendations on any Member of the United Nations to participate,
matters falling within its competence made by without vote, in its deliberations on any matter
the General Assembly. of particular concern to that Member.
2. It may communicate its observations on
these reports to the General Assembly. Article 70
The Economic and Social Council may make
Article 65 arrangements for representatives of the special-
The Economic and Social Council may furnish ized agencies to participate, without vote, in its
information to the Security Council and shall deliberations and in those of the commissions
assist the Security Council upon its request. established by it, and for its representatives to
participate in the deliberations of the specialized
Article 66 agencies.
1. The Economic and Social Council shall per- Article 71
form such functions as fall within its competence The Economic and Social Council may make
in connection with the carrying out of the recom- suitable arrangements for consultation with non-
mendations of the General Assembly. governmental organizations which are concerned
2. It may, with the approval of the General with matters within its competence. Such arrange-

13
ments may be made with international organiza- c. to further international peace and se-
tions and, where appropriate, with national or- curity;
ganizations after consultation with the Member d. to promote constructive measures of de-
of the United Nations concerned. velopment, to encourage research, and to co-
operate with one another and, when and where
Article 72 appropriate, with specialized international bod-
1. The Economic and Social Council shall ies with a view to the practical achievement of
adopt its own rules of procedure, including the the social, economic, and scientific purposes
method of selecting its President. set forth in this Article; and
2. The Economic and Social Council shall meet e. to transmit regularly to the Secretary-
as required in accordance with its rules, which General for information purposes, subject to
shall include provision for the convening of meet- such limitation as security and constitutional
ings on the request of a majority of its members. considerations may require, statistical and other
information of a technical nature relating to
CHAPTER XI economic, social, and educational conditions in
DECLARATION REGARDING the territories for which they are respectively
NON-SELF-GOVERNING TERRITORIES responsible other than those territories to which
Chapters XII and XIII apply.
Article 73
Members of the United Nations which have or Article 74
assume responsibilities for the administration of Members of the United Nations also agree that
territories whose peoples have not yet attained their policy in respect of the territories to which
a full measure of self-government recognize the this Chapter applies, no less than in respect of their
principle that the interests of the inhabitants of metropolitan areas, must be based on the general
these territories are paramount, and accept as a principle of good-neighborliness, due account be-
sacred trust the obligation to promote to the ut- ing taken of the interests and well-being of the rest
most, within the system of international peace and of the world, in social, economic, and commercial
security established by the present Charter, the matters.
well-being of the inhabitants of these territories,
and, to this end: CHAPTER XII
a. to ensure, with due respect for the cul- INTERNATIONAL TRUSTEESHIP SYSTEM
ture of the peoples concerned, their political,
economic, social, and educational advance- Article 75
ment, their just treatment, and their protection The United Nations shall establish under its
against abuses; authority an international trusteeship system for
b. to develop self-government, to take due the administration and supervision of such terri-
account of the political aspirations of the tories as may be placed thereunder by subsequent
peoples, and to assist them in the progressive individual agreements. These territories are
development of their free political institutions, hereinafter referred to as trust territories.
according to the particular circumstances of
each territory and its peoples and their varying Article 76
i stages of advancement; The basic objectives of the trusteeship system,
14
in accordance with the Purposes of the United will be brought under the trusteeship system and
Nations laid down in Article 1 of the present Char- upon what terms.
ter, shall be:
a. to further international peace and se- Article 78
curity; The trusteeship system shall not apply to terri-
b. to promote the political, economic, social, tories which have become Members of the United
and educational advancement of the inhabitants Nations, relationship among which shall be based
of the trust territories, and their progressive on respect for the principle of sovereign equality.
development towards self-government or inde-
pendence as may be appropriate to the par- Article 79
ticular circumstances of each territory and its The terms of trusteeship for each territory to
peoples and the freely expressed wishes of the be placed under the trusteeship system, including
peoples concerned, and as may be provided by any alteration or amendment, shall be agreed upon
the terms of each trusteeship agreement; by the states directly concerned, including the
c. to encourage respect for human rights mandatory power in the case of territories held
and for fundamental freedoms for all without under mandate by a Member of the United Na-
distinction as to race, sex, language, or religion, tions, and shall be approved as provided for in
and to encourage recognition of the interde- Articles 83 and 85.
pendence of the peoples of the world; and
d. to ensure equal treatment in social, eco- Article 80
nomic, and commercial matters for all Members 1. Except as may be agreed upon in individual
of the United Nations and their nationals, and trusteeship agreements, made under Articles 77,
also equal treatment for the latter in the ad- 79, and 81, placing each territory under the trus-
ministration of justice, without prejudice to the teeship system, and until such agreements have
attainment of the foregoing objectives and sub- been concluded, nothing in this Chapter shall be
ject to the provisions of Article 80. 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
Article 77 to which Members of the United Nations may re-
1. The trusteeship system shall apply to spectively be parties.
such territories in the following categories as may 2. Paragraph 1 of this Article shall not be in-
be placed thereunder by means of trusteeship terpreted as giving grounds for delay or postpone-
agreements: ment of the negotiation and conclusion of agree-
a. territories now held under mandate; ments for placing mandated and other territories
b. territories which may be detached from under the trusteeship system as provided for in
enemy states as a result of the Second World Article 77.
War; and Article 81
c. territories voluntarily placed under the The trusteeship agreement shall in each case
system by states responsible for their admin- include the terms under which the trust territory
istration. will be administered and designate the authority
2. It will be a matter for subsequent agreement which will exercise the administration of the trust
as to which territories in the foregoing categories territory. Such authority, hereinafter called the

15
administering authority, may be one or more regard to trusteeship agreements for all areas not
states or the Organization itself. designated as strategic, including the approval of
the terms of the trusteeship agreements and of
Article 82 , their alteration or amendment, shall be exercised
There may be designated, in any trusteeship by the General Assembly.
agreement, a strategic area or areas which may 2. The Trusteeship Council, operating under
include part or all of the trust territory to which the authority of the General Assembly, shall assist
the agreement applies, without prejudice to any the General Assembly in carrying out these
special agreement or agreements made under functions.
Article 43.
Article 83
1. All functions of the United Nations relating CHAPTER XIII
to strategic areas, including the approval of the THE TRUSTEESHIP COUNCIL
terms of the trusteeship agreements and of their
alteration or amendment, shall be exercised by the Composition
Security Council. Article 86
2. The basic objectives set forth in Article 76 1. The Trusteeship Council shall consist of
shall be applicable to the people of each strategic the following Members of the United Nations:
area. a. those Members administering trust ter-
3. The Security Council shall, subject to the ritories;
provisions of the trusteeship agreements and with- b. such of those Members mentioned by
out prejudice to security considerations, avail name in Article 23 as are not administering
itself of the assistance of the Trusteeship Council trust territories; and
to perform those functions of the United Nations c. as many other Members elected for three-
under the trusteeship system relating to political, year terms by the General Assembly as may be
economic, social, and educational matters in the necessary to ensure that the total number of
strategic areas. members of the Trusteeship Council is equally
divided between those Members of the United
Article 84 Nations which administer trust territories and
It shall be the duty of the administering author- those which do not.
ity to ensure that the trust territory shall play its 2. Each member of the Trusteeship Council
part in the maintenance of international peace and shall designate one specially qualified person to
security. To this end the administering authority represent it therein.
may make use of volunteer forces, facilities, and
assistance from the trust territory in carrying out
Functions and Powers
the obligations towards the Security Council un-
dertaken in this regard by the administering au- Article 87
thority, as well as for local defense and the main- The General Assembly and, under its author-
tenance of law and order within the trust territory. ity, the Trusteeship Council, in carrying out their
functions, may:
Article 85 a. consider reports submitted by the admin-
1. The functions of the United Nations with istering authority;
16
 b. accept petitions and examine them in CHAPTER XIV
consultation with the administering authority; THE INTERNATIONAL COURT
c. provide for periodic visits to the respec- OF JUSTICE
tive trust territories at times agreed upon with
the administering authority; and Article 92
d. take these and other actions in conformity The International Court of Justice shall be the
with the terms of the trusteeship agreements. principal judicial organ of the United Nations.
It shall function in accordance with the annexed
Article 88 Statute, which is based upon the Statute of the
The Trusteeship Council shall formulate a Permanent Court of International Justice and
questionnaire on the political, economic, social, forms an integral part of the present Charter.
and educational advancement of the inhabitants
of each trust territory, and the administering Article 93
authority for each trust territory within the com- 1. All Members of the United Nations are ipso
petence of the General Assembly shall make an facto parties to the Statute of the International
annual report to the General Assembly upon the Court of Justice.
basis of such questionnaire. 2. A state which is not a Member of the United
Nations may become a party to the Statute of
Voting the International Court of Justice on conditions
Article 89 to be determined in each case by the General
1. Each member of the Trusteeship Council Assembly upon the recommendation of the Secu-
shall have one vote. rity Council.
2. Decisions of the Trusteeship Council shall
be made by a majority of the members present and Article 94
voting. 1. Each Member of the United Nations under-
takes to comply with the decision of the Inter-
Procedure national Court of Justice in any case to which it is
Article 90 a party.
1. The Trusteeship Council shall adopt its own 2. If any party to a case fails to perform the
rules of procedure, including the method of select- obligations incumbent upon it under a judgment
ing its President. rendered by the Court, the other party may have
2. The Trusteeship Council shall meet as re- recourse to the Security Council, which may, if it
quired in accordance with its rules, which shall deems necessary, make recommendations or de-
include provision for the convening of meetings cide upon measures to be taken to give effect to
on the request of a majority of its members. the judgment.

Article 91 Article 95
The Trusteeship Council shall, when appropri- Nothing in the present Charter shall prevent
ate, avail itself of the assistance of the Economic Members of the United Nations from entrusting
and Social Council and of the specialized agencies the solution of their differences to other tribunals
in regard to matters with which they are respec- by virtue of agreements already in existence or
tively concerned. which may be concluded in the future.

17
 Article 96 tary-General and the staff shall not seek or receive
1. The General Assembly or the Security instructions from any government or from any
Council may request the International Court of other authority external to the Organization.
Justice to give an advisory opinion on any legal They shall refrain from any action which might
question. reflect on their position as international officials
2. Other organs of the United Nations and responsible only to the Organization.
specialized agencies, which may at any time be 2. Each Member of the United Nations under-
so authorized by the General Assembly, may also takes to respect the exclusively international
request advisory opinions of the Court on legal character of the responsibilities of the Secretary-
questions arising within the scope of their activ- General and the staff and not to seek to influence
ities. them in the discharge of their responsibilities.

Article 101
CHAPTER XV 1. The staff shall be appointed by the Secre-
THE SECRETARIAT tary-General under regulations established by the
General Assembly.
Article 97 2. Appropriate staffs shall be permanently
The Secretariat shall comprise a Secretary- assigned to the Economic and Social Council, the
General and such staff as the Organization may Trusteeship Council, and, as required, to other
require. The Secretary-General shall be ap- organs of the United Nations. These staffs shall
pointed by the General Assembly upon the recom- form a part of the Secretariat.
mendation of the Security Council. He shall be 3. The paramount consideration in the em-
the chief administrative officer of the Organization. ployment of the staff and in the determination of
the conditions of service shall be the necessity of
Article 98 securing the highest standards of efficiency, com-
The Secretary-General shall act in that capacity petence, and integrity. Due regard shall be paid
in all meetings of the General Assembly, of the to the importance of recruiting the staff on as wide
Security Council, of the Economic and Social a geographical basis as possible.
Council, and of the Trusteeship Council, and shall
perform such other functions as are entrusted to
him by these organs. The Secretary-General shall CHAPTER XVI
make an annual report to the General Assembly MISCELLANEOUS PROVISIONS
on the work of the Organization.
Article 102
Article 99 1. Every treaty and every international agree-
The Secretary-General may bring to the atten- ment entered into by any Member of the United
tion of the Security Council any matter which in Nations after the present Charter comes into force
his opinion may threaten the maintenance of in- shall as soon as possible be registered with the
ternational peace and security. Secretariat and published by it.
2. No party to any such treaty or international
Article 100 agreement which has not been registered in ac-
1. In the performance of their duties the Secre- cordance with the provisions of paragraph 1 of
18
this Article may invoke that treaty or agreement the exercise of its responsibilities under Article
before any organ of the United Nations. 42, the parties to the Four-Nation Declaration,
signed at Moscow, October 30,1943, and France,
Article 103 shall, in accordance with the provisions of para-
In the event of a conflict between the obligations graph 5 of that Declaration, consult with one an-
of the Members of the United Nations under the other and as occasion requires with other Members
present Charter and their obligations under any of the United Nations with a view to such joint
other international agreement, their obligations action on behalf of the Organization as may be
under the present Charter shall prevail. necessary for the purpose of maintaining inter-
national peace and security.
Article 104
The Organization shall enjoy in the territory of Article 107
each of its Members such legal capacity as may be Nothing in the present Charter shall invalidate
necessary for the exercise of its functions and the or preclude action, in relation to any state which
fulfillment of its purposes. during the Second World War has been an enemy
of any signatory to the present Charter, taken or
Article 105 authorized as a result of that war by the Govern-
1. The Organization shall enjoy in the territory ments having responsibility for such action.
of each of its Members such privileges and im-
munities as are necessary for the fulfillment of its
purposes. CHAPTER XVIII
2. Representatives of the Members of the AMENDMENTS
United Nations and officials of the Organization
shall similarly enjoy such privileges and immuni- Article 108
ties as are necessary for the independent exercise Amendments to the present Charter shall come
of their functions in connection with the Organi- into force for all Members of the United Nations
zation. when they have been adopted by a vote of two
3. The General Assembly may make recom- thirds of the members of the General Assembly
mendations with a view to determining the details and ratified in accordance with their respective
of the application of paragraphs 1 and 2 of this constitutional processes by two thirds of the Mem-
Airticle or may propose conventions to the Mem- bers of the United Nations, including all the per-
bers of the United Nations for this purpose. manent members of the Security Council.

Article 109
CHAPTER XVH 1. A General Conference of the Members of
TRANSITIONAL SECURITY the United Nations for the purpose of reviewing
ARRANGEMENTS the present Charter may be held at a date and
place to be fixed by a two-thirds vote of the mem-
Article 106 bers of the General Assembly and by a vote of any
Pending the coming into force of such special seven members of the Security Council. Each
agreements referred to in Article 43 as in the Member of the United Nations shall have one vote
opinion of the Security Council enable it to begin in the conference.

19
 2. Any alteration of the present Charter rec- 3. The present Charter shall come into force
ommended by a two-thirds vote of the conference upon the deposit of ratifications by the Republic
shall take effect when ratified in accordance with of China, France, the Union of Soviet Socialist
their respective constitutional processes by two Republics, the United Kingdom of Great Britain
thirds of the Members of the United Nations in- and Northern Ireland, and the United States of
cluding all the permanent members of the Security America, and by a majority of the other signatory
Council. . states. A protocol of the ratifications deposited
3. If such a conference has not been held be- shall thereupon be drawn up by the Government
fore the tenth annual session of the General As- of the United States of America which shall com-
sembly following the coming into force of the pres- municate copies thereof to all the signatory states.
ent Charter, the proposal to call such a conference 4. The states signatory to the present Charter
shall be placed on the agenda of that session of the which ratify it after it has come into force will be-
General Assembly, and the conference shall be come original Members of the United Nations on
held if so decided by a majority vote of the mem- the date of the deposit of their respective ratifi-
bers of the General Assembly and by a vote of any cations.
seven members of the Security Council. Article HI
The present Charter, of which the Chinese,
French, Russian, English, and Spanish texts are
CHAPTER XIX equally authentic, shall remain deposited in the
RATIFICATION AND SIGNATURE archives of the Government of the United States
of America. Duly certified copies thereof shall be
Article 110 transmitted by that Government to the Govern-
1. The present Charter shall be ratified by the ments of the other signatory states.
signatory states in accordance with their respec-
tive constitutional processes. / IN FAITH WHEREOF the representatives of the
2. The ratifications shall be deposited with the Governments of the United Nations have signed
Government of the United States of America, the present Charter.
which shall notify all the signatory states of each DONE at the city of San Francisco the twenty-
deposit as well as the Secretary-General of the sixth day of June, one thousand nine hundred and
Organization when he has been appointed. forty-five.

20
STATUTE OF THE INTERNATIONAL COURT OF JUSTICE
Article 1 those prescribed for members of the Permanent
INTERNATIONAL COURT OF JUSTICE estab- Courkof Arbitration by Article 44 of the Conven-
lished by the Charter of the United Nations as tion of The Hague of 1907 for the pacific settle-
the principal judicial organ of the United Nations ment of international disputes.
shall be constituted and shall function in accord- 3. The conditions under which a state which
ance with the provisions of the present Statute. is a party to the present Statute but is not a Mem-
ber of the United Nations may participate in elect-
CHAPTER I ing the members of the Court shall, in the absence
ORGANIZATION OF THE COURT of a special agreement, be laid down by the Gen-
eral Assembly upon recommendation of the Se-
Article 2 curity Council.
The Court shall be composed of a body of inde-
pendent judges, elected regardless of their nation- Article 5
ality from among persons of high moral character, 1. At least three months before the date of the
who possess the qualifications required in their re- election, the Secretary-General of the United
spective countries for appointment to the highest Nations shall address a written request to the
judicial offices, or are jurisconsults of recognized members of the Permanent Court of Arbitration
competence in international law. belonging to the states which are parties to the
present Statute, and to the members of the na-
Article 3 tional groups appointed under Article 4, para-
1. The Court shall consist of fifteen members, graph 2, inviting them to undertake, within a given
no two of whom may be nationals of the same state. time, by national groups, the nomination of per-
2, A person who for the purposes of member- sons in a position to accept the duties of a member
ship in the Court could be regarded as a national of the Court.
of more than one state shall be deemed to be a 2. No group may nominate more than four per-
national of the one in which he ordinarily exercises sons, not more than two of whom shall be of their
civil and political rights. own nationality. In no case may the number of
candidates nominated by a group be more than
Article 4 double the number of seats to be filled.
1. The members of the Court shall be elected
by the General Assembly and by the Security Article 6
Council from a list of persons nominated by the Before making these nominations, each national
national groups in the Permanent Court of Arbitra- group is recommended to consult its highest court
tion, in accordance with the following provisions. of justice, its legal faculties and schools of law, and
2. In the case of Members of the United Na- its national academies and national sections of in-
tions not represented in the Permanent Court of ternational academies devoted to the study of law.
Arbitration, candidates shall be nominated by
national groups appointed for this purpose by Article 7
their governments under the same conditions as 1. The Secretary-General shall prepare a list
21
in alphabetical order of all the persons thus nomi- Article 12
nated. Save as provided in Article 12, paragraph 1. If, after the third meeting, one or more seats
2, these shall be the only persons eligible. still remain unfilled, a joint conference consisting
2. The Secretary-General shall submit this list of six members, three appointed by the General
to the General Assembly and to the Security Assembly and three by the Security Council, may
Council. be formed at any time at the request of either the
General Assembly or the Security Council, for the
Article 8 purpose of choosing by the vote of an absolute
The General Assembly and the Security Coun- majority one name for each seat still vacant, to
cil shall proceed independently of one another to submit to the General Assembly and the Security
elect the members of the Court. Council for their respective acceptance.
2. If the joint conference is unanimously agreed
upon any person who fulfils the required condi-
Article 9 tions, he maybe included in its list, even though
At every election, the electors shall bear in mind he was not included in the list of nominations re-
not only that the persons to be elected should in- ferred to in Article 7.
dividually possess the qualifications required, but 3. If the joint conference is satisfied that it will
also that in the body as a whole the representation not be successful in procuring an election, those
of the main forms of civilization and of the prin- members of the Court who have already been
cipal legal systems of the world should be assured. elected shall, within a period to be fixed by the
Security Council, proceed to fill the vacant seats
Article 10 by selection from among those candidates who
1. Those candidates who obtain an absolute have obtained votes either in the General Assem-
majority of votes in the General Assembly and in bly or in the Security Council.
the Security Council shall be considered as elected. 4. In the event of an equality of votes among
2. Any vote of the Security Council, whether the judges, the eldest judge shall have a casting
for the election of judges or for the appointment vote.
of members of the conference envisaged in Article
12, shall be taken without any distinction between
permanent and non-permanent members of the Article 13
Security Council. 1. The members of the Court shall be elected
3. In the event of more than one national of the for nine years and may be re-elected; provided,
same state obtaining an absolute majority of the however, that of the judges elected at the first elec-
votes both of the General Assembly and of the tion, the terms of five judges shall expire at the end
Security Council, the eldest of these only shall be of three years and the terms of five more judges
considered as elected. shall expire at the end of six years.
2. The judges whose terms are to expire at the
Article 11 end of the above-mentioned initial periods of three
If, after the first meeting held for the purpose and six years shall be chosen by lot to be drawn
of the election, one or more seats remain to be by the Secretary-General immediately after the
filled, a second and, if necessary, a third meeting first election has been completed.
shall take place. 3. The members of the Court shall continue to
22
discharge their duties until their places have been Article 18
filled. Though replaced, they shall finish any cases 1. No member of the Court can be dismissed
which they may have begun. unless, in the unanimous opinion of the other
4. In the case of the resignation of a member members, he has ceased to fulfil the required con-
of the Court, the resignation shall be addressed to ditions.
the President of the Court for transmission to the 2. Formal notification thereof shall be made to
Secretary-General. This last notification makes the the Secretary-General by the Registrar.
place vacant. 3. This notification makes the place vacant.

Article 14 Article 19
Vacancies shall be filled by the same method as The members of the Court, when engaged on
that laid down for the first election, subject to the the business of the Court, shall enjoy diplomatic
following provision : the Secretary-General shall, privileges and immunities.
within one month of the occurrence of the vacancy,
proceed to issue the invitations provided for in Article 20
Article 5, and the date of the election shall be fixed Every member of the Court shall, before taking
by the Security Council. up his duties, make a solemn declaration in open
court that he will exercise his powers impartially
Article 15 and conscientiously.
A member of the Court elected to replace a
member whose term of office has not expired shall Article 21
hold office for the remainder of his predecessor's 1. The Court shall elect its President and Vice-
term. President for three years; they may be re-elected.
2. The Court shall appoint its Registrar and
Article 16 may provide for the appointment of such other
1. No member of the Court may exercise any officers as may be necessary.
political or administrative function, or engage in
any other occupation of a professional nature. Article 22
2. Any doubt on this point shall be settled by 1. The seat of the Court shall be established at
the decision of the Court. The Hague. This, however, shall not prevent the
Court from sitting and exercising its functions
Article 17 elsewhere whenever the Court considers it desir-
1. No member of the Court may act as agent, able.
counsel, or advocate in any case. 2. The President and the Registrar shall reside
2. No member may participate in the decision at the seat of the Court.
of any case in which he has previously taken part
as agent, counsel, or advocate for one of the par- Article 23
ties, or as a member of a national or international 1. The Court shall remain permanently in
court, or of a commission of enquiry, or in any session, except during the judicial vacations,
other capacity. the dates and duration of which shall be fixed
3. Any doubt on this point shall be settled by by the Court.
the decision of the Court. 2. Members of the Court are entitled to peri-
23
 odic leave, the dates and duration of which shall for dealing with a particular case. The number of
be fixed by the Court, having in mind the distance judges to constitute such a chamber shall be de-
between The Hague and the home of each judge. termined by the Court with the approval of the
3. Members of the Court shall be bound, un- parties.
less they are on leave or prevented from attending 3. Cases shall be heard and determined by the
" by illness or other serious reasons duly explained chambers provided for in this Article if the parties
to the President, to hold themselves permanently so request.
at the disposal of the Court. Article 27
A judgment given by any of the chambers pro-
Article 24 vided for in Articles 26 and 29 shall be considered
1. If, for some special reason, a member of the as rendered by the Court.
Court considers that he should not take part in the
decision of a particular case, he shall so inform the Article 28
President. The chambers provided for in Articles 26 and
2. If the President considers that for some spe- 29 may, with the consent of the parties, sit and ex-
cial reason one of the members of the Court should ercise their functions elsewhere than at The Hague.
not sit in a particular case, he shall give him notice
accordingly. Article 29
3. If in any such case the member of the Court With a view to the speedy despatch of business,
and the President disagree, the matter shall be the Court shall form annually a chamber com-
settled by the decision of the Court. posed of five judges which, at the request of the
parties, may hear and determine cases by summary
Article 25 procedure. In addition, two judges shall be se-
1. The full Court shall sit except when it is ex- lected for the purpose of replacing judges who find
pressly provided otherwise in the present Statute. it impossible to sit.
2. Subject to the condition that the number of
judges available to constitute the Court is not Article 30
thereby reduced below eleven, the Rules of the 1. The Court shall frame rules for carrying ou t
Court may provide for allowing one or more judges, its functions. In particular, it shall lay down rules
according to circumstances and in rotation, to be of procedure.
dispensed from sitting. 2. The Rules of the Court may provide for as-
3. A quorum of nine judges shall suffice to con- sessors to sit with the Court or with any of its
stitute the Court. chambers, without the right to vote.

Article 26 Article 31
1. The Court may from time to time form one 1. Judges of the nationality of each of the
or more chambers, composed of three or more parties shall retain their right to sit in the case
judges as the Court may determine, for dealing before the Court.
with particular categories of cases; for example, 2. If the Court includes upon the Bench a judge
labor cases and cases relating to transit and com- of the nationality of one of the parties, any other
munications. party may choose a person to sit as judge. Such
2. The Court may at any time form a chamber person shall be chosen preferably from among
24
those persons who have been nominated as candi- the General Assembly on the proposal of the Court.
dates as provided in Articles 4 and 5. 7. Regulations made by the General Assembly
3. If the Court includes upon the Bench no shall fix the conditions under which retirement
judge of the nationality of the parties, each of these pensions may be given to members of the Court
parties may proceed to choose a judge as provided and to the Registrar, and the conditions under
in paragraph 2 of this Article. which members of the Court and the Registrar
4. The provisions of this Article shall apply to shall have their traveling expenses refunded.
the case of Articles 26 and 29. In such cases, the 8. The above salaries, allowances, and com-
President shall request one or, if necessary, two pensation shall be free of all taxation.
of the members of the Court forming the chamber
to give place to the members of the Court of the Article 33
nationality of the parties concerned, and, failing The expenses of the Court shall be borne by the
such, or if they are unable to be present, to the United Nations in such a manner as shall be de-
judges specially chosen by the parties. cided by the General Assembly.
5. Should there be several parties in the same
interest, they shall, for the purpose of the preced-
ing provisions, be reckoned as one party only. Any
doubt upon this point shall be settled by the de-
CHAPTER II
cision of the Court. COMPETENCE OF THE COURT
6. Judges chosen as laid down in paragraphs
2,3, and 4 of this Article shall fulfil the conditions Article 34
required by Articles 2,17 (paragraph 2 ) , 20, and 1. Only states may be parties in cases before
24 of the present Statute. They shall take part in the Court.
the decision on terms of complete equality with 2. The Court, subject to and in conformity with
their colleagues. its Rules, may request of public international or-
ganizations information relevant to cases before it,
Article 32 and shall receive such information presented by
1. Each member of the Court shall receive an such organizations on their own initiative.
annual salary. 3. Whenever the construction of the constitu-
2. The President shall receive a special annual ent instrument of a public international organi-
allowance. zation or of an international convention adopted
3. The Vice-President shall receive a special thereunder is in question in a case before the Court,
allowance for every day on which he acts as Presi- the Registrar shall so notify the public interna-
dent. tional organization concerned and shall communi-
4. The judges chosen under Article 31, other cate to it copies of all the written proceedings.
than members of the Court, shall receive compen-
sation for each^day on which they exercise their Article 35
functions. 1. The Court shall be open to the states parties
5. These salaries, allowances, and compensa- to the present Statute.
tion shall be fixed by the General Assembly. They 2. The conditions under which the Court shall
may not be decreased during the term of office. be open to other states shall, subject to the special
6. The salary of the Registrar shall be fixed by provisions contained in treaties in force, be laid
25
down by the Security Council, but in no case shall International Court of Justice for the period which
such conditions place the parties in a position of they still have to run and in accordance with their
inequality before the Court. terms.
3. When a state which is not a Member of the 6. In the event of a dispute as to whether the
United Nations is a party to a case, the Court shall Court has jurisdiction, the matter shall be settled
fix the amount which that party is to contribute by the decision of the Court.
towards the expenses of the Court. This provision
shall not apply if such state is bearing a share of Article 37
the expenses of the Court. Whenever a treaty or convention in force pro-
vides for reference of a matter to a tribunal to have
Article 36 been instituted by the League of Nations, or to the
1. The jurisdiction of the Court comprises all Permanent Court of International Justice, the
cases which the parties refer to it and all matters matter shall, as between the parties to the present
specially provided for in the Charter of the United Statute, be referred to the International Court of
Nations or in treaties and conventions in force. Justice.
2. The states parties to the present Statute may Article 38
at any time declare that they recognize as compul- 1. The Court, whose function is to decide in
sory ipso facto and without special agreement, in accordance with international law such disputes
relation to any other state accepting the same obli- as are submitted to it, shall apply:
gation, the jurisdiction of the Court in all legal a. international conventions, whether gen-
disputes concerning: eral or particular, establishing rules expressly
a. the interpretation of a treaty; recognized by the contesting states ;
b. any question of international law; b. international custom, as evidence of a
c. the existence of any fact which, if estab- general practice accepted as law;
lished, would constitute a breach of an inter- c. the general principles of law recognized
national obligation ; by civilized nations ;
d. the nature or extent of the reparation to d. subject to the provisions of Article 59,
be made for the breach of an international ob- judicial decisions and the teachings of the most
ligation. highly qualified publicists of the various na-
3. The declarations referred to above may be tions, as subsidiary means for the determination
made unconditionally or on condition of reci- of rules of law.
procity on the part of several or certain states, or 2. This provision shall not prejudice the power
for a certain time. of the Court to decide a case ex aequo et bond, if
4. Such declarations shall be deposited with the parties agree thereto.
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. CHAPTER III
5. Declarations made under Article 36 of the PROCEDURE
Statute of the Permanent Court of International
Justice and which are still in force shall be deemed, Article 39
as between the parties to the present Statute, to be 1. The official languages of the Court shall be
acceptances of the compulsory jurisdiction of the French and English. If the parties agree that the
26
case shall be conducted in French, the judgment ties before the Court shall enjoy the privileges
shall be delivered in French. If the parties agree and immunities necessary to the independent ex-
that the case shall be conducted in English, the ercise of their duties.
judgment shall be delivered in English.
2. In the absence of an agreement as to which Article 43
language shall be employed, each party may, in 1. The procedure shall consist of two parts:
the pleadings, use the language which it prefers; written and oral.
the decision of the Court shall be given in French 2. The written proceedings shall consist of
and English. In this case the Court shall at the the communication to the Court and to the parties
same time determine which of the two texts shall of memorials, counter-memorials and, if neces-
be considered as authoritative. sary, replies; also all papers and documents in
3. The Court shall, at the request of any party, support.
authorize a language other than French or English 3. These communications shall be made
to be used by that party. through the Registrar, in the order and within the
time fixed by the Court.
Article 40 4. A certified copy of every document produced
1. Cases are brought before the Court, as the by one party shall be communicated to the other
case may be, either by the notification of the special party.
agreement or by a written application addressed 5. The oral proceedings shall consist of the
to the Registrar. In either case the subject of the hearing by the Court of witnesses, experts, agents,
dispute and the parties shall be indicated. counsel, and advocates.
2. The Registrar shall forthwith communicate
the application to all concerned. Article 44
3. He shall also notify the Members of the 1. For the service of all notices upon persons
United Nations through the Secretary-General, other than the agents, counsel, and advocates, the
and also any other states entitled to appear before Court shall apply direct to the government of the
the Court. state upon whose territory the notice has to be
served.
Article 41 2. The same provision shall apply whenever
1. The Court shall have the power to indicate, steps are to be taken to procure evidence on the
if it considers that circumstances so require, any spot.
provisional measures which ought to be taken to
preserve the respective rights of either party. Article 45
2. Pending the final decision, notice of the The hearing shall be under the control of the
measures suggested shall forthwith be given to the President or, if he is unable to preside, of the Vice-
parties and to the Security Council. President; if neither is able to preside, the senior
judge present shall preside.
Article 42
1. The parties shall be represented by agents. Article 46
2. They may have the assistance of counsel or The hearing in Court shall be public, unless the
advocates before the Court. Court shall decide otherwise, or unless the parties
3. The agents, counsel, and advocates of par- demand that the public be not admitted.

27
 Article 47 2. The Court must, before doing so, satisfy it-
1. Minutes shall be made at each hearing and self, not only that it has jurisdiction in accordance
signed by the Registrar and the President. with Articles 36 and 37, but also that the claim is
2. These minutes alone shall be authentic. well founded in fact and law.

Article 48 Article 54
The Court shall make orders for the conduct of 1. When, subject to the control of the Court,
the case, shall decide the form and time in which the agents, counsel, and advocates have completed
each party must conclude its arguments, and make their presentation of the case, the President shall
all arrangements connected with the taking of declare the hearing closed.
evidence. 2. The Court shall withdraw to consider the
judgment.
Article 49 3. The deliberations of the Court shall take
The Court may, even before the hearing begins, place in private and remain secret.
call upon the agents to produce any document or
to supply any explanations. Formal note shall be Article 55
taken of any refusal. 1. All questions shall be decided by a maj ority
of the judges present.
Article 50 2. In the event of an equality of votes, the Pres-
The Court may, at any time, entrust any indi- ident or the judge who acts in his place shall have
vidual, body, bureau, commission, or other organ- a casting vote.
ization that it may select, with the task of carrying
out an enquiry or giving an expert opinion. Article 56
1. The judgment shall state the reasons on
Article 51 which it is based.
During the hearing any relevant questions are 2. It shall contain the names of the judges who
to be put to the witnesses and experts under the have taken part in the decision.
conditions laid down by the Court in the rules of
procedure referred to in Article 30. Article 57
If the judgment does not represent in whole or
Article 52 in part the unanimous opinion of the judges, any
After the Court has received the proofs and evi- judge shall be entitled to deliver a separate opinion.
dence within the time specified for the purpose,
it may refuse to accept any further oral or written Article 58
evidence that one party may desire to present un- The judgment shall be signed by the President
less the other side consents. and by the Registrar. It shall be read in open court,
due notice having heen given to the agents.
Article 53
1. Whenever one of the parties does not appear Article 59
before the Court, or fails to defend its case, the The decision of the Court has no binding force
other party may call upon the Court to decide in except between the parties and in respect of that
favor of its claim. particular case.
28
 Article 60 2. Every state so notified has the right to inter-
The judgment is final and without appeal. In vene in the proceedings; but if it uses this right,
the event of dispute as to the meaning or scope of the construction given by the judgment will be
the judgment, the Court shall construe it upon the equally binding upon it.
request of any party.
Article 64
Article 61 Unless otherwise decided by the Court, each
1. An application for revision of a judgment party shall bear its own costs.
may be made only when it is based upon the dis-
covery of some fact of such a nature as to be a de-
cisive factor, which fact was, when the judgment
was given, unknown to the Court and also to the CHAPTER IV
party claiming revision, always provided that such ADVISORY OPINIONS
ignorance was not due to negligence.
2. The proceedings for revision shall be opened Article 65
by a judgment of the Court expressly recording the 1. The Court may give an advisory opinion on
existence of the new fact, recognizing that it has any legal question at the request of whatever body
such a character as to lay the case open to revision, may be authorized by or in accordance with the
and declaring the application admissible on this Charter of the United Nations to make such a
ground. request.
3. The Court may require previous compliance 2. Questions upon which the advisory opinion
with the terms of the judgment before it admits of the Court is asked shall be laid before the Court
proceedings in revision. by means of a written request containing an exact
4. The application for revision must be made statement of the question upon which an opinion
at latest within six months of the discovery of the is required, and accompanied by all documents
new fact. likely to throw light upon the question.
5. No application for revision may be made
after the lapse of ten years from the date of the Article 66
judgment. 1. The Registrar shall forthwith give notice of
the request for an advisory opinion to all states
Article 62 entitled to appear before the Court.
1. Should a state consider that it has an interest 2. The Registrar shall also, by means of a
of a legal nature which may be affected by the de- special and direct communication, notify any state
cision in the case, it may submit a request to the entitled to appear before the Court or international
Court to be permitted to intervene. organization considered by the Court, or, should
2. It shall be for the Court to decide upon this it not be sitting, by the President, as likely to be
request. able to furnish information on the question, that
Article 63 the Court will be prepared to receive, within a
1. Whenever the construction of a convention time limit to be fixed by the President, written
to which states other than those concerned in the statements, or to hear, at a public sitting to be held
case are parties is in question, the Registrar shall for the purpose, oral statements relating to the
notify all such states forthwith. question.

29
 3. Should any such state entitled to appear be- Court shall further be guided by the provisions of
fore the Court have failed to receive the special the present Statute which apply in contentious
communication referred to in paragraph 2 of this cases to the extent to which it recognizes them to be
Article, such state may express a desire to submit applicable.
a written statement or to be heard; and the Court
will decide.
4. States and organizations having presented CHAPTERV
written or oral statements or both shall be per- AMENDMENT
mitted to comment on the statements made br-
other states or organizations in the form, to the Article 69
extent, and within the time limits which the Court, Amendments to the present Statute shall be
or, should it not be sitting, the President, shall effected by the same procedure as is provided by
decide in each particular case. Accordingly, the the Charter of the United Nations for amendments
Registrar shall in due time communicate any such to that Charter, subject however to any provisions
written statements to states and organizations which the General Assembly upon recommenda-
having submitted similar statements. tion of the Security Council may adopt concerning
the participation of states which are parties to the
Article 67 present Statute but are not Members of the United
The Court shall deliver its advisory opinions in Nations.
open court, notice having been given to the Secre-
tary-General and to the representatives of Members Article 70
of the United Nations, of other states and of inter- The Court shall have power to propose such
national organizations immediately concerned. amendments to the present Statute as it may deem
necessary, through written communications to the
Article 68 Secretary-General, for consideration in conformity
In the exercise of its advisory functions the with the provisions of Article 69.

30
FOR CHINA:
POUR LA CHINE:

3a Kirran:
POR LA CHINA:

$
F O R T H E UNION OF SOVIET SOCIALIST R E P U B L I C S :
POUR L'UNION DES REPUBLIQUES SOVIETIQUES SOCIALISTES:

3a C0103 COBETCKIIX ComiajiHcnraecKiix Pecnyojimc:

P O R LA UNION DE REPUBLICAS SOCIALISTAS SOVIETICAS:

(H^tMh-—"
F O R T H E U N I T E D K I N G D O M O F G R E A T B R I T A I N AND N O R T H E R N I R E L A N D :
P O U R L E R O Y A U M E - U N I D E G R A N D E - B R E T A G N E E T D ' I R L A N D E DU N O R D :

3a Coe^HHeHHoe KopojieBCTBO BejiHEoftpHTamninCeBepHOHH H Ce

P O R E L R E I N O U N I D O D E LA G R A N B R E T A N A E IRLANDA D E L N O R T E :

FOR THE UNITED STATES OF AMERICA

POUR LES ETATS-UNIS D'AMERIQUE:

3a CoeflimeHHBie IHraTH
P O R LOS ESTAD

"7"

\L ^A
FOR FRANCE:
POUR LA FRANCE

3a
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 [Link] Bejitran:
POR EL REINO DE BELGICA:

FOR BOLIVIA:
POUR LA BOLIVIE

3a BojniBiiio:
POR BOLIVIA:
FOR BRAZIL:
POUR LE BRESIL:

3a Bpa3iiJiino:
POR E L BRASIL:

'C-<--i»_-»—•—• \ j
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;

(^J^VY//l*^
FOR COLOMBIA:
POUR LA COLOMBIE
Ff 5 * 1
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

3a lIexocjioBaKHH):
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:

^A^K^J^ilíL
FOR EGYPT:
POUR L'EGYPTE:

3a
POR EGIPTO:
FOR E L SALVADOR:
POUR LE SALVADOR

3a
POR EL SALVADOR:
r

FOR ETHIOPIA:
POUR L'ETHIOPIE

3a
POR ETIOPIA:
FOR GREECE:
POUR LA GRECE:

3a rpemiio:
POR GRECIA:

FOR GUATEMALA:
POUR LE GUATEMALA

JBUU&
3a FBaTeMajiy:
POR GUATEMALA

FOR HAITI:
POUR HAITI:

3a
POR HAITI :
 F
OR HONDURAS:
POUR LE HONDURAS:

3a FoHflypac:
P O R HONDURAS:

FOR INDIA:
POUR L ' I N D E :

3a HH,¡JHIO:
POR LA INDIA:

FOR IRAN:
POUR L'IRAN:

3a Hpan:
POR IRAN:
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 T H E NETHERLANDS

POUR LE ROYAUME DES PAYS-BAS :

3a KopojieBCTBo
P O R EL REINO DE HOLANDA:

FOR N E W ZEALAND:
POUR LA NOUVELLE-ZELANDE:

3a HOBVK) 3ejiaHffHio:
P O R 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:
[Link] 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 S Y R I E :

3a Cnpnio:
POR SIRIA:

FOR T U R K E Y :
POUR LA TURQUIE

3aTypupEDEo:
P O R 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:

ut ^vwi / V(ro o

FOR THE UNION OF SOUTH AFRICA:

POUR L'UNION SUD-AFRICAINE:

3a IOiKHoa^pmcaHCKiiH C0103:
POR LA UNIÓN SUDAFRICANA:
FOR URUGUAY:
POUR L'URUGUAY

3a
POR EL URUGUAY

FOR VENEZUELA:
POUR LE VENEZUELA:

8a BeHecyaziy:
POR VENEZUELA:
F O R YUGOSLAVIA:
POUR LA YOUGOSLAVIE

3a K)rocJiaBmo:
P O R YUGOSLAVIA:

I C e r t i f y 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.

I n T e s t i m o n y W h e r e o f , I, EDWARD R. STETTINIUS, JR., Secretary of State, have here-

unto 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.

Se/ifeUiTyjof State

Assistant Chief, Division of Central Services

 ! "# $% "

&'( ')*&' &' *+,) !' -)* & )!)

! "

# $ %
"

& "
' (
) *++)
+ )!$ ,

"
& ++
- # # *%%*++
.$ / + $0
. # $! &
$ %*,
' / $* 0,$%! *

* "
& % $)
$ 1+
. $)

% $ / "
' * *$)

& "
. $
2 +! %)
*$$*3 +
* ' ,! ) ,*

"
1*%$ +
. 2 22*$

$ ++)
$*
$ ('
+ ) %*
$ $* &
% , ) 0) +* (

1 "
( '*
+ & $ ),
. 4$ ' ) , ++

1
 "
/ ' ,*
. . 4 ' *( !
. 4! , ,
. + , )
1 %*%*' &*+
' $ * &*! ) 5*,
+ / %*&*$$*$
' ,, $
' ' $6 *
$ ' *((*$
) ' )$
+ ' ) $6 )
,*5$)
% $*! +*
. 4 *$$ )
. 4 1 $*+

"
. *, *(
! $ $
& 2*$, ,%*(
' 2 ! ) ,( +*(

' - "
. 4' !
$*5*
1 % ++)
! 1 1 6 *(
$ ) $ *!
' . *$$
* $*(

"
.% $) *' *,
* * &) +! ,
) $ ' ++*$
' ),

"

$) .
% +1* *!
, )*

! "
0,,*$ 0
. 4 ! ) ,( +*(
+ ( $
' $$) 5)

"
%* ' *++) 2
+ % ,&
2 + % +1
! / ' %)
& !
$ * $)

2
* "
!$$*
& / + ) $,) (
$$
!1
$) ,*

, "
+ $! *++)
' ) $%*$) $
%$

/ "
+) *(
$ $1
. 4 ' *)

"
' $ & !
) *,) $*
! $1*$
. 4$ ! *$$*(
2 -, * ) %*+$)
2 2! *$)
7 ) &*,

"
) +* 5 ' $)
2 $$*% +
+ 2 ,*$)

/ "
/ ! $ %5
& ) $ *++1

,) ! * $

# - / 2 /
"

! "

8 "9 :
;9/: ;9 : ; 9:

! "

! "

3
 - / * /

8
7
- -

! "

7 8 7 8 -
- /
-

! " .

/ /

! "

/ $
/

! " /

/ -

! " #

, -

! "

7 /
,
-

! " 0

%
/ / /

4
! "

/ /
8 / / /

/ / /7
/

! "

/ / &
/

! "

/ / &
' 2 $ /

/
#
/ -

! "

/ &

! " .

/ / /
<
-
/ &

! "

/
/
&
, # ,* # &*$*) 2
* 2 - '
$ / => % / ?@AA

5
 % $ %
-
% / == ?@AA "

% B B
C 7
%
"

B !
/
/ / /
' D E & F

* / /
$ !

B
$ C
/ - /
! - ?@GA
C 3
/
$ C
/

/ /

/ C
/
9 : / C
!

' D
/ $
?H % / /
B

??"
B / / /
3# $ . D
/
B

& "
' (
) *++)
+ )!$ ,

"
- # # *%%*++
. # $! &

* "

6
& % $)
$ 1+
% $ / "
' * *$)

& "
. $
2 +! %)
* ' ,! ) ,*
*$$*3 +

"
1*%$ +
. 2 22*$
$ ++)
$ ('
+ ) %*
% , ) 0) +* (

1 "
+ & $ ),
. $ ' ) , ++

"
' ,*
. 4 1 $*+
' ' $6 *
% $*! +*
1 %* %*' &*+
,*5$)
+ %* &*$$*$
' $ * &*! ) 5*,
. 4! , ,
. + , )
' ,, $
$ ' *((*$
) ' )$
+ ' ) $6 )
. 4 *$$ )

"
. *, *(
' 2 ! ) ,( +*(

' - "
1 % ++)
' . *$$
* $*(

"
. % $) *' *,
' ),
* * &) +! ,
! "
' $$) 5)

"
+ % ,&
! / ' %)

* "

7
 ! $$*
& + ) $,) (
$$ 1
! 1
$) ,*

, "
+ $! *++)
' ) $%*$) $
%$

/ "
+) *(
$ $1

"
' $ & !
.$ ! *$$*(
2 2! *$)
2 , * ) %*+$)
) &*,

"
9 :
) +* 5 ' $)

/ "
/ ! $ %5
& ) $ *++1
,) ! * $

8
INSTITUT DE DROIT INTERNATIONAL 10th Commission – Sub-group C
Session de Rhodes – 2011 PLENIERE
8 September 2011

TENTH COMMISSION

Present Problems of the Use of Force in International Law

Sub-Group C – Military assistance on request

Rapporteur : M. Gerhard Hafner

RESOLUTION

The Institute of International Law,

Bearing in mind the purposes and principles of the Charter of the United Nations
concerning the maintenance of international peace and security and the promotion of good
neighbourliness and friendly relations and co-operation among States;

Recalling in particular the provisions of the Declaration on Principles of International Law

concerning Friendly Relations and Co-operation among States in accordance with the Charter of
the United Nations (GA Res. 2625 (XXV) of 24 October 1970);

Recalling the Resolution of the Institute on “The Principle of Non-Intervention in Civil

Wars” (Wiesbaden Session, 1975);

Having regard to existing State practice on military assistance on request;

Recalling the need for strict observance of the principle of non-intervention;

Considering that each State must respect the principle of equal rights and self-
determination of peoples as expressed in Article 1, paragraph 2, of the Charter of the United
Nations;

Recalling further the need for strict observance of the Charter of the United Nations, in
particular its Article 2(4) and Article 2(7);

Adopts the following Resolution:

10 RES-C EN PLENIERE GH/sf 1

 10th Commission – Sub-Group C
PLENIERE
8 September 2011

Article 1
Definitions

For the purposes of this Resolution:

a) “Military assistance on request” means direct military assistance by the sending of armed
forces by one State to another State upon the latter’s request.

b) “Request” means a request reflecting the free expression of will of the requesting State and
its consent to the terms and modalities of the military assistance.

Article 2
Scope

1. This Resolution applies to situations of internal disturbances and tensions, such as riots,
isolated and sporadic acts of violence and other acts of a similar nature, including acts of
terrorism, below the threshold of non-international armed conflict in the sense of Article 1 of
Protocol II Additional to the Geneva Conventions relating to the Protection of Victims of Non-
International Armed Conflicts of 1977.

2. The objective of military assistance is to assist the requesting State in its struggle against
non-State actors or individual persons within its territory, with full respect for human rights and
fundamental freedoms.

Article 3
Prohibition of military assistance

1. Military assistance is prohibited when it is exercised in violation of the Charter of the

United Nations, of the principles of non-intervention, of equal rights and self-determination of
peoples and generally accepted standards of human rights and in particular when its object is to
support an established government against its own population.

2. Military assistance shall not be provided where such provision would be inconsistent with a
Security Council resolution relating to the specific situation, adopted under Chapter VII of the
Charter of the United Nations.

10 RES-C EN PLENIERE GH/sf 2

 10th Commission – Sub-Group C
PLENIERE
8 September 2011

Article 4
Request

1. Military assistance may only be provided upon the request of the requesting State.

2. The request shall be valid, specific and in conformity with the international obligations of
the requesting State.

3. If military assistance is based on a treaty, an ad hoc request is required for the specific case.

4. Any request that is followed by military assistance shall be notified to the Secretary-
General of the United Nations.

Article 5
Withdrawal

The requesting State is free to terminate its request or to withdraw its consent to the
provision of military assistance at any time, irrespective of the expression of consent through a
treaty.
Article 6
Other limits on the provision of military assistance

1. Military assistance shall be carried out in conformity with the terms and modalities of the
request.

2. Military assistance shall not be provided beyond the time agreed to by the requesting State,
without further agreement thereon.

3. Military assistance shall not constitute a coercive measure in order to obtain from a State
the subordination of the exercise of its sovereign rights.

Article 7
Additional obligation of the requesting State

Military assistance shall not be used by the requesting State to circumvent its international
obligations.

________

10 RES-C EN PLENIERE GH/sf 3

 Vienna Convention on the Law of Treaties
1969

Done at Vienna on 23 May 1969. Entered into force on 27 January 1980.

United Nations, Treaty Series, vol. 1155, p. 331

Copyright © United Nations

2005
 Vienna Convention on the Law of Treaties
Done at Vienna on 23 May 1969

The States Parties to the present Convention,

Considering the fundamental role of treaties in the history of international relations,

Recognizing the ever-increasing importance of treaties as a source of international law and as a

means of developing peaceful cooperation among nations, whatever their constitutional and social
systems,

Noting that the principles of free consent and of good faith and the pacta sunt servanda rule are
universally recognized,

Affirming that disputes concerning treaties, like other international disputes, should be settled by
peaceful means and in conformity with the principles of justice and international law,

Recalling the determination of the peoples of the United Nations to establish conditions under
which justice and respect for the obligations arising from treaties can be maintained,

Having in mind the principles of international law embodied in the Charter of the United Nations,
such as the principles of the equal rights and self-determination of peoples, of the sovereign equality and
independence of all States, of non-interference in the domestic affairs of States, of the prohibition of the
threat or use of force and of universal respect for, and observance of, human rights and fundamental
freedoms for all,

Believing that the codification and progressive development of the law of treaties achieved in the
present Convention will promote the purposes of the United Nations set forth in the Charter, namely, the
maintenance of international peace and security, the development of friendly relations and the
achievement of cooperation among nations,

Affirming that the rules of customary international law will continue to govern questions not
regulated by the provisions of the present Convention,

Have agreed as follows:

PART I.
INTRODUCTION

Article 1
Scope of the present Convention

The present Convention applies to treaties between States.

2
 Article 2
Use of terms

1. For the purposes of the present Convention:

(a) “treaty” means an international agreement concluded between States in written form and governed
by international law, whether embodied in a single instrument or in two or more related instruments and
whatever its particular designation;

(b) “ratification”, “acceptance”, “approval” and “accession” mean in each case the international act
so named whereby a State establishes on the international plane its consent to be bound by a treaty;

(c) “full powers” means a document emanating from the competent authority of a State designating a
person or persons to represent the State for negotiating, adopting or authenticating the text of a treaty,
for expressing the consent of the State to be bound by a treaty, or for accomplishing any other act with
respect to a treaty;

(d) “reservation” means a unilateral statement, however phrased or named, made by a State, when
signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to
modify the legal effect of certain provisions of the treaty in their application to that State;

(e) “negotiating State” means a State which took part in the drawing up and adoption of the text of
the treaty;

(f) “contracting State” means a State which has consented to be bound by the treaty, whether or not
the treaty has entered into force;

(g) “party” means a State which has consented to be bound by the treaty and for which the treaty is in
force;

(h) “third State” means a State not a party to the treaty;

(i) “international organization” means an intergovernmental organization.

2. The provisions of paragraph 1 regarding the use of terms in the present Convention are without
prejudice to the use of those terms or to the meanings which may be given to them in the internal law of
any State.

Article 3
International agreements not within the scope
of the present Convention

The fact that the present Convention does not apply to international agreements concluded
between States and other subjects of international law or between such other subjects of international
law, or to international agreements not in written form, shall not affect:

3
(a) the legal force of such agreements;

(b) the application to them of any of the rules set forth in the present Convention to which they would
be subject under international law independently of the Convention;

(c) the application of the Convention to the relations of States as between themselves under
international agreements to which other subjects of international law are also parties.

Article 4
Non-retroactivity of the present Convention

Without prejudice to the application of any rules set forth in the present Convention to which
treaties would be subject under international law independently of the Convention, the Convention
applies only to treaties which are concluded by States after the entry into force of the present
Convention with regard to such States.

Article 5
Treaties constituting international organizations and treaties
adopted within an international organization

The present Convention applies to any treaty which is the constituent instrument of an
international organization and to any treaty adopted within an international organization without
prejudice to any relevant rules of the organization.

PART II.
CONCLUSION AND ENTRY INTO FORCE OF TREATIES
SECTION 1. CONCLUSION OF TREATIES

Article 6
Capacity of States to conclude treaties

Every State possesses capacity to conclude treaties.

Article 7
Full powers

1. A person is considered as representing a State for the purpose of adopting or authenticating the
text of a treaty or for the purpose of expressing the consent of the State to be bound by a treaty if:

(a) he produces appropriate full powers; or

(b) it appears from the practice of the States concerned or from other circumstances that their
intention was to consider that person as representing the State for such purposes and to dispense with
full powers.

4
 2. In virtue of their functions and without having to produce full powers, the following are
considered as representing their State:

(a) Heads of State, Heads of Government and Ministers for Foreign Affairs, for the purpose of
performing all acts relating to the conclusion of a treaty;

(b) heads of diplomatic missions, for the purpose of adopting the text of a treaty between the
accrediting State and the State to which they are accredited;

(c) representatives accredited by States to an international conference or to an international

organization or one of its organs, for the purpose of adopting the text of a treaty in that conference,
organization or organ.

Article 8
Subsequent confirmation of an act performed
without authorization

An act relating to the conclusion of a treaty performed by a person who cannot be considered
under article 7 as authorized to represent a State for that purpose is without legal effect unless afterwards
confirmed by that State.

Article 9
Adoption of the text

1. The adoption of the text of a treaty takes place by the consent of all the States participating in
its drawing up except as provided in paragraph 2.

2. The adoption of the text of a treaty at an international conference takes place by the vote of two
thirds of the States present and voting, unless by the same majority they shall decide to apply a different
rule.
Article 10
Authentication of the text

The text of a treaty is established as authentic and definitive:

(a) by such procedure as may be provided for in the text or agreed upon by the States participating in
its drawing up; or

(b) failing such procedure, by the signature, signature ad referendum or initialling by the
representatives of those States of the text of the treaty or of the Final Act of a conference incorporating
the text.

5
 Article 11
Means of expressing consent to be bound by a treaty

The consent of a State to be bound by a treaty may be expressed by signature, exchange of

instruments constituting a treaty, ratification, acceptance, approval or accession, or by any other means
if so agreed.

Article 12
Consent to be bound by a treaty expressed by signature

1. The consent of a State to be bound by a treaty is expressed by the signature of its representative
when:

(a) the treaty provides that signature shall have that effect;

(b) it is otherwise established that the negotiating States were agreed that signature should have that
effect; or

(c) the intention of the State to give that effect to the signature appears from the full powers of its
representative or was expressed during the negotiation.

2. For the purposes of paragraph 1:

(a) the initialling of a text constitutes a signature of the treaty when it is established that the
negotiating States so agreed;

(b) the signature ad referendum of a treaty by a representative, if confirmed by his State, constitutes a
full signature of the treaty.

Article 13
Consent to be bound by a treaty expressed by an
exchange of instruments constituting a treaty

The consent of States to be bound by a treaty constituted by instruments exchanged between them
is expressed by that exchange when:

(a) the instruments provide that their exchange shall have that effect; or

(b) it is otherwise established that those States were agreed that the exchange of instruments should
have that effect.

Article 14
Consent to be bound by a treaty expressed by ratification,
acceptance or approval

1. The consent of a State to be bound by a treaty is expressed by ratification when:

6
(a) the treaty provides for such consent to be expressed by means of ratification;

(b) it is otherwise established that the negotiating States were agreed that ratification should be
required;

(c) the representative of the State has signed the treaty subject to ratification; or

(d) the intention of the State to sign the treaty subject to ratification appears from the full powers of
its representative or was expressed during the negotiation.

2. The consent of a State to be bound by a treaty is expressed by acceptance or approval under

conditions similar to those which apply to ratification.

Article 15
Consent to be bound by a treaty expressed by accession

The consent of a State to be bound by a treaty is expressed by accession when:

(a) the treaty provides that such consent may be expressed by that State by means of accession;

(b) it is otherwise established that the negotiating States were agreed that such consent may be
expressed by that State by means of accession; or

(c) all the parties have subsequently agreed that such consent may be expressed by that State by
means of accession.

Article 16
Exchange or deposit of instruments of ratification,
acceptance, approval or accession

Unless the treaty otherwise provides, instruments of ratification, acceptance, approval or

accession establish the consent of a State to be bound by a treaty upon:

(a) their exchange between the contracting States;

(b) their deposit with the depositary; or

(c) their notification to the contracting States or to the depositary, if so agreed.

Article 17
Consent to be bound by part of a treaty and
choice of differing provisions

1. Without prejudice to articles 19 to 23, the consent of a State to be bound by part of a treaty is
effective only if the treaty so permits or the other contracting States so agree.

7
 2. The consent of a State to be bound by a treaty which permits a choice between differing
provisions is effective only if it is made clear to which of the provisions the consent relates.

Article 18
Obligation not to defeat the object and purpose
of a treaty prior to its entry into force

A State is obliged to refrain from acts which would defeat the object and purpose of a treaty
when:

(a) it has signed the treaty or has exchanged instruments constituting the treaty subject to ratification,
acceptance or approval, until it shall have made its intention clear not to become a party to the treaty; or

(b) it has expressed its consent to be bound by the treaty, pending the entry into force of the treaty
and provided that such entry into force is not unduly delayed.

SECTION 2. RESERVATIONS

Article 19
Formulation of reservations

A State may, when signing, ratifying, accepting, approving or acceding to a treaty, formulate a
reservation unless:

(a) the reservation is prohibited by the treaty;

(b) the treaty provides that only specified reservations, which do not include the reservation in
question, may be made; or

(c) in cases not failing under subparagraphs (a) and (b), the reservation is incompatible with the
object and purpose of the treaty.

Article 20
Acceptance of and objection to reservations

1. A reservation expressly authorized by a treaty does not require any subsequent acceptance by
the other contracting States unless the treaty so provides.

2. When it appears from the limited number of the negotiating States and the object and purpose of
a treaty that the application of the treaty in its entirety between all the parties is an essential condition of
the consent of each one to be bound by the treaty, a reservation requires acceptance by all the parties.

3. When a treaty is a constituent instrument of an international organization and unless it

otherwise provides, a reservation requires the acceptance of the competent organ of that organization.

4. In cases not falling under the preceding paragraphs and unless the treaty otherwise provides:

8
(a) acceptance by another contracting State of a reservation constitutes the reserving State a party to
the treaty in relation to that other State if or when the treaty is in force for those States;

(b) an objection by another contracting State to a reservation does not preclude the entry into force of
the treaty as between the objecting and reserving States unless a contrary intention is definitely
expressed by the objecting State;

(c) an act expressing a State’s consent to be bound by the treaty and containing a reservation is
effective as soon as at least one other contracting State has accepted the reservation.

5. For the purposes of paragraphs 2 and 4 and unless the treaty otherwise provides, a reservation is
considered to have been accepted by a State if it shall have raised no objection to the reservation by the
end of a period of twelve months after it was notified of the reservation or by the date on which it
expressed its consent to be bound by the treaty, whichever is later.

Article 21
Legal effects of reservations and of objections to reservations

1. A reservation established with regard to another party in accordance with articles 19, 20 and 23:

(a) modifies for the reserving State in its relations with that other party the provisions of the treaty to
which the reservation relates to the extent of the reservation; and

(b) modifies those provisions to the same extent for that other party in its relations with the reserving
State.

2. The reservation does not modify the provisions of the treaty for the other parties to the treaty
inter se.

3. When a State objecting to a reservation has not opposed the entry into force of the treaty
between itself and the reserving State, the provisions to which the reservation relates do not apply as
between the two States to the extent of the reservation.

Article 22
Withdrawal of reservations and of
objections to reservations

1. Unless the treaty otherwise provides, a reservation may be withdrawn at any time and the
consent of a State which has accepted the reservation is not required for its withdrawal.

2. Unless the treaty otherwise provides, an objection to a reservation may be withdrawn at any
time.

3. Unless the treaty otherwise provides, or it is otherwise agreed:

9
(a) the withdrawal of a reservation becomes operative in relation to another contracting State only
when notice of it has been received by that State;

(b) the withdrawal of an objection to a reservation becomes operative only when notice of it has been
received by the State which formulated the reservation.

Article 23
Procedure regarding reservations

1. A reservation, an express acceptance of a reservation and an objection to a reservation must be

formulated in writing and communicated to the contracting States and other States entitled to become
parties to the treaty.

2. If formulated when signing the treaty subject to ratification, acceptance or approval, a

reservation must be formally confirmed by the reserving State when expressing its consent to be bound
by the treaty. In such a case the reservation shall be considered as having been made on the date of its
confirmation.

3. An express acceptance of, or an objection to, a reservation made previously to confirmation of

the reservation does not itself require confirmation.

4. The withdrawal of a reservation or of an objection to a reservation must be formulated in

writing.

SECTION 3. ENTRY INTO FORCE AND PROVISIONAL ,

APPLICATION OF TREATIES

Article 24
Entry into force

1. A treaty enters into force in such manner and upon such date as it may provide or as the
negotiating States may agree.

2. Failing any such provision or agreement, a treaty enters into force as soon as consent to be
bound by the treaty has been established for all the negotiating States.

3. When the consent of a State to be bound by a treaty is established on a date after the treaty has
come into force, the treaty enters into force for that State on that date, unless the treaty otherwise
provides.

4. The provisions of a treaty regulating the authentication of its text, the establishment of the
consent of States to be bound by the treaty, the manner or date of its entry into force, reservations, the
functions of the depositary and other matters arising necessarily before the entry into force of the treaty
apply from the time of the adoption of its text.

10
 Article 25
Provisional application

1. A treaty or a part of a treaty is applied provisionally pending its entry into force if:

(a) the treaty itself so provides; or

(b) the negotiating States have in some other manner so agreed.

2. Unless the treaty otherwise provides or the negotiating States have otherwise agreed, the
provisional application of a treaty or a part of a treaty with respect to a State shall be terminated if that
State notifies the other States between which the treaty is being applied provisionally of its intention not
to become a party to the treaty.

PART III.
O BSERVANCE, APPLICATION AND
INTERPRETATION OF TREATIES
SECTION 1. OBSERVANCE OF TREATIES

Article 26
“Pacta sunt servanda”

Every treaty in force is binding upon the parties to it and must be performed by them in good
faith.

Article 27
Internal law and observance of treaties

A party may not invoke the provisions of its internal law as justification for its failure to perform
a treaty. This rule is without prejudice to article 46.

SECTION 2. APPLICATION OF TREATIES

Article 28
Non-retroactivity of treaties

Unless a different intention appears from the treaty or is otherwise established, its provisions do
not bind a party in relation to any act or fact which took place or any situation which ceased to exist
before the date of the entry into force of the treaty with respect to that party.

Article 29
Territorial scope of treaties

Unless a different intention appears from the treaty or is otherwise established, a treaty is binding
upon each party in respect of its entire territory.

11
 Article 30
Application of successive treaties relating to
the same subject matter

1. Subject to Article 103 of the Charter of the United Nations, the rights and obligations of States
Parties to successive treaties relating to the same subject matter shall be determined in accordance with
the following paragraphs.

2. When a treaty specifies that it is subject to, or that it is not to be considered as incompatible
with, an earlier or later treaty, the provisions of that other treaty prevail.

3. When all the parties to the earlier treaty are parties also to the later treaty but the earlier treaty
is not terminated or suspended in operation under article 59, the earlier treaty applies only to the extent
that its provisions are compatible with those of the later treaty.

4. When the parties to the later treaty do not include all the parties to the earlier one:

(a) as between States Parties to both treaties the same rule applies as in paragraph 3;

(b) as between a State party to both treaties and a State party to only one of the treaties, the treaty to
which both States are parties governs their mutual rights and obligations.

5. Paragraph 4 is without prejudice to article 41, or to any question of the termination or

suspension of the operation of a treaty under article 60 or to any question of responsibility which may
arise for a State from the conclusion or application of a treaty the provisions of which are incompatible
with its obligations towards another State under another treaty.

SECTION 3. INTERPRETATION OF TREATIES

Article 31
General rule of interpretation

1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given
to the terms of the treaty in their context and in the light of its object and purpose.

2. The context for the purpose of the interpretation of a treaty shall comprise, in addition to the
text, including its preamble and annexes:

(a) any agreement relating to the treaty which was made between all the parties in connection with
the conclusion of the treaty;

(b) any instrument which was made by one or more parties in connection with the conclusion of the
treaty and accepted by the other parties as an instrument related to the treaty.

3. There shall be taken into account, together with the context:

12
(a) any subsequent agreement between the parties regarding the interpretation of the treaty or the
application of its provisions;

(b) any subsequent practice in the application of the treaty which establishes the agreement of the
parties regarding its interpretation;

(c) any relevant rules of international law applicable in the relations between the parties.

4. A special meaning shall be given to a term if it is established that the parties so intended.

Article 32
Supplementary means of interpretation

Recourse may be had to supplementary means of interpretation, including the preparatory work of
the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the
application of article 31, or to determine the meaning when the interpretation according to article 31:

(a) leaves the meaning ambiguous or obscure; or

(b) leads to a result which is manifestly absurd or unreasonable.

Article 33
Interpretation of treaties authenticated in two or more languages

1. When a treaty has been authenticated in two or more languages, the text is equally authoritative
in each language, unless the treaty provides or the parties agree that, in case of divergence, a particular
text shall prevail.

2. A version of the treaty in a language other than one of those in which the text was authenticated
shall be considered an authentic text only if the treaty so provides or the parties so agree.

3. The terms of the treaty are presumed to have the same meaning in each authentic text.

4. Except where a particular text prevails in accordance with paragraph 1, when a comparison of
the authentic texts discloses a difference of meaning which the application of articles 31 and 32 does not
remove, the meaning which best reconciles the texts, having regard to the object and purpose of the
treaty, shall be adopted.

SECTION 4. TREATIES AND THIRD STATES

Article 34
General rule regarding third States

A treaty does not create either obligations or rights for a third State without its consent.

13
 Article 35
Treaties providing for obligations for third States

An obligation arises for a third State from a provision of a treaty if the parties to the treaty intend
the provision to be the means of establishing the obligation and the third State expressly accepts that
obligation in writing.

Article 36
Treaties providing for rights for third States

1. A right arises for a third State from a provision of a treaty if the parties to the treaty intend the
provision to accord that right either to the third State, or to a group of States to which it belongs, or to all
States, and the third State assents thereto. Its assent shall be presumed so long as the contrary is not
indicated, unless the treaty otherwise provides.

2. A State exercising a right in accordance with paragraph 1 shall comply with the conditions for
its exercise provided for in the treaty or established in conformity with the treaty.

Article 37
Revocation or modification of obligations or
rights of third States

1. When an obligation has arisen for a third State in conformity with article 35, the obligation may
be revoked or modified only with the consent of the parties to the treaty and of the third State, unless it
is established that they had otherwise agreed.

2. When a right has arisen for a third State in conformity with article 36, the right may not be
revoked or modified by the parties if it is established that the right was intended not to be revocable or
subject to modification without the consent of the third State.

Article 38
Rules in a treaty becoming binding on third States
through international custom

Nothing in articles 34 to 37 precludes a rule set forth in a treaty from becoming binding upon a
third State as a customary rule of international law, recognized as such.

PART IV.
AMENDMENT AND
M ODIFICATION OF TREATIES

Article 39
General rule regarding the amendment of treaties

A treaty may be amended by agreement between the parties. The rules laid down in Part II apply
to such an agreement except insofar as the treaty may otherwise provide.

14
 Article 40
Amendment of multilateral treaties

1. Unless the treaty otherwise provides, the amendment of multilateral treaties shall be governed
by the following paragraphs.

2. Any proposal to amend a multilateral treaty as between all the parties must be notified to all the
contracting States, each one of which shall have the right to take part in:

(a) the decision as to the action to be taken in regard to such proposal;

(b) the negotiation and conclusion of any agreement for the amendment of the treaty.

3. Every State entitled to become a party to the treaty shall also be entitled to become a party to
the treaty as amended.

4. The amending agreement does not bind any State already a party to the treaty which does not
become a party to the amending agreement; article 30, paragraph 4 (b), applies in relation to such State.

5. Any State which becomes a party to the treaty after the entry into force of the amending
agreement shall, failing an expression of a different intention by that State:

(a) be considered as a party to the treaty as amended; and

(b) be considered as a party to the unamended treaty in relation to any party to the treaty not bound
by the amending agreement.

Article 41
Agreements to modify multilateral treaties between
certain of the parties only

1. Two or more of the parties to a multilateral treaty may conclude an agreement to modify the
treaty as between themselves alone if:

(a) the possibility of such a modification is provided for by the treaty; or

(b) the modification in question is not prohibited by the treaty and:

(i) does not affect the enjoyment by the other parties of their rights under the treaty or the
performance of their obligations;
(ii) does not relate to a provision, derogation from which is incompatible with the effective
execution of the object and purpose of the treaty as a whole.

2. Unless in a case falling under paragraph 1 (a) the treaty otherwise provides, the parties in
question shall notify the other parties of their intention to conclude the agreement and of the
modification to the treaty for which it provides.

15
 PART V.
INVALIDITY, T ERMINATION AND SUSPENSION OF THE OPERATION OF TREATIES
SECTION 1. GENERAL PROVISIONS

Article 42
Validity and continuance in force of treaties

1. The validity of a treaty or of the consent of a State to be bound by a treaty may be impeached
only through the application of the present Convention.

2. The termination of a treaty, its denunciation or the withdrawal of a party, may take place only as
a result of the application of the provisions of the treaty or of the present Convention. The same rule
applies to suspension of the operation of a treaty.

Article 43
Obligations imposed by international law
independently of a treaty

The invalidity, termination or denunciation of a treaty, the withdrawal of a party from it, or the
suspension of its operation, as a result of the application of the present Convention or of the provisions
of the treaty, shall not in any way impair the duty of any State to fulfil any obligation embodied in the
treaty to which it would be subject under international law independently of the treaty.

Article 44
Separability of treaty provisions

1. A right of a party, provided for in a treaty or arising under article 56, to denounce, withdraw
from or suspend the operation of the treaty may be exercised only with respect to the whole treaty unless
the treaty otherwise provides or the parties otherwise agree.

2. A ground for invalidating, terminating, withdrawing from or suspending the operation of a

treaty recognized in the present Convention may be invoked only with respect to the whole treaty except
as provided in the following paragraphs or in article 60.

3. If the ground relates solely to particular clauses, it may be invoked only with respect to those
clauses where:

(a) the said clauses are separable from the remainder of the treaty with regard to their application;

(b) it appears from the treaty or is otherwise established that acceptance of those clauses was not an
essential basis of the consent of the other party or parties to be bound by the treaty as a whole; and

(c) continued performance of the remainder of the treaty would not be unjust.

4. In cases falling under articles 49 and 50, the State entitled to invoke the fraud or corruption may
do so with respect either to the whole treaty or, subject to paragraph 3, to the particular clauses alone.

16
 5. In cases falling under articles 51, 52 and 53, no separation of the provisions of the treaty is
permitted.

Article 45
Loss of a right to invoke a ground for invalidating, terminating,
withdrawing from or suspending the operation of a treaty

A State may no longer invoke a ground for invalidating, terminating, withdrawing from or
suspending the operation of a treaty under articles 46 to 50 or articles 60 and 62 if, after becoming aware
of the facts:

(a) it shall have expressly agreed that the treaty is valid or remains in force or continues in operation,
as the case may be; or

(b) it must by reason of its conduct be considered as having acquiesced in the validity of the treaty or
in its maintenance in force or in operation, as the case may be.

SECTION 2. INVALIDITY OF TREATIES

Article 46
Provisions of internal law regarding competence
to conclude treaties

1. A State may not invoke the fact that its consent to be bound by a treaty has been expressed in
violation of a provision of its internal law regarding competence to conclude treaties as invalidating its
consent unless that violation was manifest and concerned a rule of its internal law of fundamental
importance.

2. A violation is manifest if it would be objectively evident to any State conducting itself in the
matter in accordance with normal practice and in good faith.

Article 47
Specific restrictions on authority to express
the consent of a State

If the authority of a representative to express the consent of a State to be bound by a particular

treaty has been made subject to a specific restriction, his omission to observe that restriction may not be
invoked as invalidating the consent expressed by him unless the restriction was notified to the other
negotiating States prior to his expressing such consent.

Article 48
Error

1. A State may invoke an error in a treaty as invalidating its consent to be bound by the treaty if
the error relates to a fact or situation which was assumed by that State to exist at the time when the
treaty was concluded and formed an essential basis of its consent to be bound by the treaty.

17
 2. Paragraph 1 shall not apply if the State in question contributed by its own conduct to the error
or if the circumstances were such as to put that State on notice of a possible error.

3. An error relating only to the wording of the text of a treaty does not affect its validity; article 79
then applies.

Article 49
Fraud

If a State has been induced to conclude a treaty by the fraudulent conduct of another negotiating
State, the State may invoke the fraud as invalidating its consent to be bound by the treaty.

Article 50
Corruption of a representative of a State

If the expression of a State’s consent to be bound by a treaty has been procured through the
corruption of its representative directly or indirectly by another negotiating State, the State may invoke
such corruption as invalidating its consent to be bound by the treaty.

Article 51
Coercion of a representative of a State

The expression of a State’s consent to be bound by a treaty which has been procured by the
coercion of its representative through acts or threats directed against him shall be without any legal
effect.

Article 52
Coercion of a State by the threat or use of force

A treaty is void if its conclusion has been procured by the threat or use of force in violation of the
principles of international law embodied in the Charter of the United Nations.

Article 53
Treaties conflicting with a peremptory norm of
general international law (“jus cogens”)

A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general
international law. For the purposes of the present Convention, a peremptory norm of general
international law is a norm accepted and recognized by the international community of States as a whole
as a norm from which no derogation is permitted and which can be modified only by a subsequent norm
of general international law having the same character.

18
 SECTION 3. TERMINATION AND SUSPENSION
OF THE OPERATION OF TREATIES

Article 54
Termination of or withdrawal from a treaty under
its provisions or by consent of the parties

The termination of a treaty or the withdrawal of a party may take place:

(a) in conformity with the provisions of the treaty; or

(b) at any time by consent of all the parties after consultation with the other contracting States.

Article 55
Reduction of the parties to a multilateral treaty below the
number necessary for its entry into force

Unless the treaty otherwise provides, a multilateral treaty does not terminate by reason only of the
fact that the number of the parties falls below the number necessary for its entry into force.

Article 56
Denunciation of or withdrawal from a treaty containing no
provision regarding termination, denunciation or withdrawal

1. A treaty which contains no provision regarding its termination and which does not provide for
denunciation or withdrawal is not subject to denunciation or withdrawal unless:

(a) it is established that the parties intended to admit the possibility of denunciation or withdrawal; or

(b) a right of denunciation or withdrawal may be implied by the nature of the treaty.

2. A party shall give not less than twelve months’ notice of its intention to denounce or withdraw
from a treaty under paragraph 1.

Article 57
Suspension of the operation of a treaty under its
provisions or by consent of the parties

The operation of a treaty in regard to all the parties or to a particular party may be suspended:

(a) in conformity with the provisions of the treaty; or

(b) at any time by consent of all the parties after consultation with the other contracting States.

19
 Article 58
Suspension of the operation of a multilateral treaty by
agreement between certain of the parties only

1. Two or more parties to a multilateral treaty may conclude an agreement to suspend the
operation of provisions of the treaty, temporarily and as between themselves alone, if:

(a) the possibility of such a suspension is provided for by the treaty; or

(b) the suspension in question is not prohibited by the treaty and:

(i) does not affect the enjoyment by the other parties of their rights under the treaty or the
performance of their obligations;
(ii) is not incompatible with the object and purpose of the treaty.

2. Unless in a case falling under paragraph 1 (a) the treaty otherwise provides, the parties in
question shall notify the other parties of their intention to conclude the agreement and of those
provisions of the treaty the operation of which they intend to suspend.

Article 59
Termination or suspension of the operation of a treaty
implied by conclusion of a later treaty

1. A treaty shall be considered as terminated if all the parties to it conclude a later treaty relating
to the same subject matter and:

(a) it appears from the later treaty or is otherwise established that the parties intended that the matter
should be governed by that treaty; or

(b) the provisions of the later treaty are so far incompatible with those of the earlier one that the two
treaties are not capable of being applied at the same time.

2. The earlier treaty shall be considered as only suspended in operation if it appears from the later
treaty or is otherwise established that such was the intention of the parties.

Article 60
Termination or suspension of the operation of a treaty
as a consequence of its breach

1. A material breach of a bilateral treaty by one of the parties entitles the other to invoke the
breach as a ground for terminating the treaty or suspending its operation in whole or in part.

2. A material breach of a multilateral treaty by one of the parties entitles:

(a) the other parties by unanimous agreement to suspend the operation of the treaty in whole or in
part or to terminate it either:

20
 (i) in the relations between themselves and the defaulting State; or
(ii) as between all the parties;

(b) a party specially affected by the breach to invoke it as a ground for suspending the operation of
the treaty in whole or in part in the relations between itself and the defaulting State;

(c) any party other than the defaulting State to invoke the breach as a ground for suspending the
operation of the treaty in whole or in part with respect to itself if the treaty is of such a character that a
material breach of its provisions by one party radically changes the position of every party with respect
to the further performance of its obligations under the treaty.

3. A material breach of a treaty, for the purposes of this article, consists in:

(a) a repudiation of the treaty not sanctioned by the present Convention; or

(b) the violation of a provision essential to the accomplishment of the object or purpose of the treaty.

4. The foregoing paragraphs are without prejudice to any provision in the treaty applicable in the
event of a breach.

5. Paragraphs 1 to 3 do not apply to provisions relating to the protection of the human person
contained in treaties of a humanitarian character, in particular to provisions prohibiting any form of
reprisals against persons protected by such treaties.

Article 61
Supervening impossibility of performance

1. A party may invoke the impossibility of performing a treaty as a ground for terminating or
withdrawing from it if the impossibility results from the permanent disappearance or destruction of an
object indispensable for the execution of the treaty. If the impossibility is temporary, it may be invoked
only as a ground for suspending the operation of the treaty.

2. Impossibility of performance may not be invoked by a party as a ground for terminating,

withdrawing from or suspending the operation of a treaty if the impossibility is the result of a breach by
that party either of an obligation under the treaty or of any other international obligation owed to any
other party to the treaty.

Article 62
Fundamental change of circumstances

1. A fundamental change of circumstances which has occurred with regard to those existing at the
time of the conclusion of a treaty, and which was not foreseen by the parties, may not be invoked as a
ground for terminating or withdrawing from the treaty unless:

(a) the existence of those circumstances constituted an essential basis of the consent of the parties to
be bound by the treaty; and

21
(b) the effect of the change is radically to transform the extent of obligations still to be performed
under the treaty.

2. A fundamental change of circumstances may not be invoked as a ground for terminating or

withdrawing from a treaty:

(a) if the treaty establishes a boundary; or

(b) if the fundamental change is the result of a breach by the party invoking it either of an obligation
under the treaty or of any other international obligation owed to any other party to the treaty.

3. If, under the foregoing paragraphs, a party may invoke a fundamental change of circumstances
as a ground for terminating or withdrawing from a treaty it may also invoke the change as a ground for
suspending the operation of the treaty.

Article 63
Severance of diplomatic or consular relations

The severance of diplomatic or consular relations between parties to a treaty does not affect the
legal relations established between them by the treaty except insofar as the existence of diplomatic or
consular relations is indispensable for the application of the treaty.

Article 64
Emergence of a new peremptory norm of general
international law (“jus cogens”)

If a new peremptory norm of general international law emerges, any existing treaty which is in
conflict with that norm becomes void and terminates.

SECTION 4. PROCEDURE

Article 65
Procedure to be followed with respect to invalidity,
termination, withdrawal from or suspension of the
operation of a treaty

1. A party which, under the provisions of the present Convention, invokes either a defect in its
consent to be bound by a treaty or a ground for impeaching the validity of a treaty, terminating it,
withdrawing from it or suspending its operation, must notify the other parties of its claim. The
notification shall indicate the measure proposed to be taken with respect to the treaty and the reasons
therefor.

2. If, after the expiry of a period which, except in cases of special urgency, shall not be less than
three months after the receipt of the notification, no party has raised any objection, the party making the
notification may carry out in the manner provided in article 67 the measure which it has proposed.

22
 3. If, however, objection has been raised by any other party, the parties shall seek a solution
through the means indicated in Article 33 of the Charter of the United Nations.

4. Nothing in the foregoing paragraphs shall affect the rights or obligations of the parties under
any provisions in force binding the parties with regard to the settlement of disputes.

5. Without prejudice to article 45, the fact that a State has not previously made the notification
prescribed in paragraph 1 shall not prevent it from making such notification in answer to another party
claiming performance of the treaty or alleging its violation.

Article 66
Procedures for judicial settlement, arbitration and conciliation

If, under paragraph 3 of article 65, no solution has been reached within a period of 12 months
following the date on which the objection was raised, the following procedures shall be followed:

(a) any one of the parties to a dispute concerning the application or the interpretation of article 53 or
64 may, by a written application, submit it to the International Court of Justice for a decision unless the
parties by common consent agree to submit the dispute to arbitration;

(b) any one of the parties to a dispute concerning the application or the interpretation of any of the
other articles in part V of the present Convention may set in motion the procedure specified in the Annex
to the Convention by submitting a request to that effect to the Secretary-General of the United Nations.

Article 67
Instruments for declaring invalid, terminating, withdrawing
from or suspending the operation of a treaty

1. The notification provided for under article 65, paragraph 1, must be made in writing.

2. Any act of declaring invalid, terminating, withdrawing from or suspending the operation of a
treaty pursuant to the provisions of the treaty or of paragraphs 2 or 3 of article 65 shall be carried out
through an instrument communicated to the other parties. If the instrument is not signed by the Head of
State, Head of Government or Minister for Foreign Affairs, the representative of the State
communicating it may be called upon to produce full powers.

Article 68
Revocation of notifications and instruments provided
for in articles 65 and 67

A notification or instrument provided for in article 65 or 67 may be revoked at any time before it
takes effect.

23
 SECTION 5. CONSEQUENCES OF THE INVALIDITY, TERMINATION
OR SUSPENSION OF THE OPERATION OF A TREATY

Article 69
Consequences of the invalidity of a treaty

1. A treaty the invalidity of which is established under the present Convention is void. The
provisions of a void treaty have no legal force.

2. If acts have nevertheless been performed in reliance on such a treaty:

(a) each party may require any other party to establish as far as possible in their mutual relations the
position that would have existed if the acts had not been performed;

(b) acts performed in good faith before the invalidity was invoked are not rendered unlawful by
reason only of the invalidity of the treaty.

3. In cases falling under article 49, 50, 51 or 52, paragraph 2 does not apply with respect to the
party to which the fraud, the act of corruption or the coercion is imputable.

4. In the case of the invalidity of a particular State’s consent to be bound by a multilateral treaty,
the foregoing rules apply in the relations between that State and the parties to the treaty.

Article 70
Consequences of the termination of a treaty

1. Unless the treaty otherwise provides or the parties otherwise agree, the termination of a treaty
under its provisions or in accordance with the present Convention:

(a) releases the parties from any obligation further to perform the treaty;

(b) does not affect any right, obligation or legal situation of the parties created through the execution
of the treaty prior to its termination.

2. If a State denounces or withdraws from a multilateral treaty, paragraph 1 applies in the relations
between that State and each of the other parties to the treaty from the date when such denunciation or
withdrawal takes effect.

Article 71
Consequences of the invalidity of a treaty which conflicts
with a peremptory norm of general international law

1. In the case of a treaty which is void under article 53 the parties shall:

(a) eliminate as far as possible the consequences of any act performed in reliance on any provision
which conflicts with the peremptory norm of general international law; and

24
(b) bring their mutual relations into conformity with the peremptory norm of general international
law.

2. In the case of a treaty which becomes void and terminates under article 64, the termination of
the treaty:

(a) releases the parties from any obligation further to perform the treaty;

(b) does not affect any right, obligation or legal situation of the parties created through the execution
of the treaty prior to its termination, provided that those rights, obligations or situations may thereafter
be maintained only to the extent that their maintenance is not in itself in conflict with the new
peremptory norm of general international law.

Article 72
Consequences of the suspension of the operation of a treaty

1. Unless the treaty otherwise provides or the parties otherwise agree, the suspension of the
operation of a treaty under its provisions or in accordance with the present Convention:

(a) releases the parties between which the operation of the treaty is suspended from the obligation to
perform the treaty in their mutual relations during the period of the suspension;

(b) does not otherwise affect the legal relations between the parties established by the treaty.

2. During the period of the suspension the parties shall refrain from acts tending to obstruct the
resumption of the operation of the treaty.

PART VI.
M ISCELLANEOUS PROVISIONS

Article 73
Cases of State succession, State responsibility
and outbreak of hostilities

The provisions of the present Convention shall not prejudge any question that may arise in regard
to a treaty from a succession of States or from the international responsibility of a State or from the
outbreak of hostilities between States.

Article 74
Diplomatic and consular relations and the
conclusion of treaties

The severance or absence of diplomatic or consular relations between two or more States does not
prevent the conclusion of treaties between those States. The conclusion of a treaty does not in itself
affect the situation in regard to diplomatic or consular relations.

25
 Article 75
Case of an aggressor State

The provisions of the present Convention are without prejudice to any obligation in relation to a
treaty which may arise for an aggressor State in consequence of measures taken in conformity with the
Charter of the United Nations with reference to that State’s aggression.

PART VII.
DEPOSITARIES , NOTIFICATIONS,
CORRECTIONS AND REGISTRATION

Article 76
Depositaries of treaties

1. The designation of the depositary of a treaty may be made by the negotiating States, either in
the treaty itself or in some other manner. The depositary may be one or more States, an international
organization or the chief administrative officer of the organization.

2. The functions of the depositary of a treaty are international in character and the depositary is
under an obligation to act impartially in their performance. In particular, the fact that a treaty has not
entered into force between certain of the parties or that a difference has appeared between a State and a
depositary with regard to the performance of the latter’s functions shall not affect that obligation.

Article 77
Functions of depositaries

1. The functions of a depositary, unless otherwise provided in the treaty or agreed by the
contracting States, comprise in particular:

(a) keeping custody of the original text of the treaty and of any full powers delivered to the
depositary;

(b) preparing certified copies of the original text and preparing any further text of the treaty in such
additional languages as may be required by the treaty and transmitting them to the parties and to the
States entitled to become parties to the treaty;

(c) receiving any signatures to the treaty and receiving and keeping custody of any instruments,
notifications and communications relating to it;

(d) examining whether the signature or any instrument, notification or communication relating to the
treaty is in due and proper form and, if need be, bringing the matter to the attention of the State in
question;

(e) informing the parties and the States entitled to become parties to the treaty of acts, notifications
and communications relating to the treaty;

26
(f) informing the States entitled to become parties to the treaty when the number of signatures or of
instruments of ratification, acceptance, approval or accession required for the entry into force of the
treaty has been received or deposited;

(g) registering the treaty with the Secretariat of the United Nations;

(h) performing the functions specified in other provisions of the present Convention.

2. In the event of any difference appearing between a State and the depositary as to the
performance of the latter’s functions, the depositary shall bring the question to the attention of the
signatory States and the contracting States or, where appropriate, of the competent organ of the
international organization concerned.

Article 78
Notifications and communications

Except as the treaty or the present Convention otherwise provide, any notification or
communication to be made by any State under the present Convention shall:

(a) if there is no depositary, be transmitted direct to the States for which it is intended, or if there is a
depositary, to the latter;

(b) be considered as having been made by the State in question only upon its receipt by the State to
which it was transmitted or, as the case may be, upon its receipt by the depositary;

(c) if transmitted to a depositary, be considered as received by the State for which it was intended
only when the latter State has been informed by the depositary in accordance with article 77, paragraph 1
(e).

Article 79
Correction of errors in texts or in certified copies
of treaties

1. Where, after the authentication of the text of a treaty, the signatory States and the contracting
States are agreed that it contains an error, the error shall, unless they decide upon some other means of
correction, be corrected:

(a) by having the appropriate correction made in the text and causing the correction to be initialled by
duly authorized representatives;

(b) by executing or exchanging an instrument or instruments setting out the correction which it has
been agreed to make; or

(c) by executing a corrected text of the whole treaty by the same procedure as in the case of the
original text.

27
 2. Where the treaty is one for which there is a depositary, the latter shall notify the signatory
States and the contracting States of the error and of the proposal to correct it and shall specify an
appropriate time-limit within which objection to the proposed correction may be raised. If, on the expiry
of the time-limit:

(a) no objection has been raised, the depositary shall make and initial the correction in the text and
shall execute a procès-verbal of the rectification of the text and communicate a copy of it to the parties
and to the States entitled to become parties to the treaty;

(b) an objection has been raised, the depositary shall communicate the objection to the signatory
States and to the contracting States.

3. The rules in paragraphs I and 2 apply also where the text has been authenticated in two or more
languages and it appears that there is a lack of concordance which the signatory States and the
contracting States agree should be corrected.

4. The corrected text replaces the defective text ab initio, unless the signatory States and the
contracting States otherwise decide.

5. The correction of the text of a treaty that has been registered shall be notified to the Secretariat
of the United Nations.

6. Where an error is discovered in a certified copy of a treaty, the depositary shall execute a
procès-verbal specifying the rectification and communicate a copy of it to the signatory States and to the
contracting States.

Article 80
Registration and publication of treaties

1. Treaties shall, after their entry into force, be transmitted to the Secretariat of the United Nations
for registration or filing and recording, as the case may be, and for publication.

2. The designation of a depositary shall constitute authorization for it to perform the acts specified
in the preceding paragraph.

PART VIII.
FINAL PROVISIONS

Article 81
Signature

The present Convention shall be open for signature by all States Members of the United Nations
or of any of the specialized agencies or of the International Atomic Energy Agency or parties to the
Statute of the International Court of Justice, and by any other State invited by the General Assembly of
the United Nations to become a party to the Convention, as follows: until 30 November 1969, at the

28
Federal Ministry for Foreign Affairs of the Republic of Austria, and subsequently, until 30 April 1970, at
United Nations Headquarters, New York.

Article 82
Ratification

The present Convention is subject to ratification. The instruments of ratification shall be

deposited with the Secretary-General of the United Nations.

Article 83
Accession

The present Convention shall remain open for accession by any State belonging to any of the
categories mentioned in article 81. The instruments of accession shall be deposited with the Secretary-
General of the United Nations.

Article 84
Entry into force

1. The present Convention shall enter into force on the thirtieth day following the date of deposit
of the thirty-fifth instrument of ratification or accession.

2. For each State ratifying or acceding to the Convention after the deposit of the thirty-fifth
instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after
deposit by such State of its instrument of ratification or accession.

Article 85
Authentic texts

The original of the present Convention, of which the Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their
respective Governments, have signed the present Convention.

D ONE at Vienna this twenty-third day of May, one thousand nine hundred and sixty-nine.

ANNEX

1. A list of conciliators consisting of qualified jurists shall be drawn up and maintained by the
Secretary-General of the United Nations. To this end, every State which is a Member of the United
Nations or a party to the present Convention shall be invited to nominate two conciliators, and the names
of the persons so nominated shall constitute the list. The term of a conciliator, including that of any
conciliator nominated to fill a casual vacancy, shall be five years and may be renewed. A conciliator
whose term expires shall continue to fulfil any function for which he shall have been chosen under the
following paragraph.

29
 2. When a request has been made to the Secretary-General under article 66, the Secretary-General
shall bring the dispute before a conciliation commission constituted as follows:

The State or States constituting one of the parties to the dispute shall appoint:

(a) one conciliator of the nationality of that State or of one of those States, who may or may not be
chosen from the list referred to in paragraph 1; and

(b) one conciliator not of the nationality of that State or of any of those States, who shall be chosen
from the list.

The State or States constituting the other party to the dispute shall appoint two conciliators in the same
way. The four conciliators chosen by the parties shall be appointed within sixty days following the date
on which the Secretary-General receives the request.

The four conciliators shall, within sixty days following the date of the last of their own appointments,
appoint a fifth conciliator chosen from the list, who shall be chairman.

If the appointment of the chairman or of any of the other conciliators has not been made within the
period prescribed above for such appointment, it shall be made by the Secretary-General within sixty
days following the expiry of that period. The appointment of the chairman may be made by the
Secretary-General either from the list or from the membership of the International Law Commission.
Any of the periods within which appointments must be made may be extended by agreement between the
parties to the dispute.

Any vacancy shall be filled in the manner prescribed for the initial appointment.

3. The Conciliation Commission shall decide its own procedure. The Commission, with the
consent of the parties to the dispute, may invite any party to the treaty to submit to it its views orally or
in writing. Decisions and recommendations of the Commission shall be made by a majority vote of the
five members.

4. The Commission may draw the attention of the parties to the dispute to any measures which
might facilitate an amicable settlement.

5. The Commission shall hear the parties, examine the claims and objections, and make proposals
to the parties with a view to reaching an amicable settlement of the dispute.

6. The Commission shall report within twelve months of its constitution. Its report shall be
deposited with the Secretary-General and transmitted to the parties to the dispute. The report of the
Commission, including any conclusions stated therein regarding the facts or questions of law, shall not
be binding upon the parties and it shall have no other character than that of recommendations submitted
for the consideration of the parties in order to facilitate an amicable settlement of the dispute.

30
 7. The Secretary-General shall provide the Commission with such assistance and facilities as it
may require. The expenses of the Commission shall be borne by the United Nations.

_____________

31
 Convention for the Protection of Cultural Property in the Event of Armed
Conflict. The Hague, 14 May 1954.
The High Contracting Parties,

Recognizing that cultural property has suffered grave damage during recent armed conflicts
and that, by reason of the developments in the technique of warfare, it is in increasing danger of
destruction;
Being convinced that damage to cultural property belonging to any people whatsoever means
damage to the cultural heritage of all mankind, since each people makes its contribution to the
culture of the world;
Considering that the preservation of the cultural heritage is of great importance for all peoples
of the world and that it is important that this heritage should receive international protection;
Guided by the principles concerning the protection of cultural property during armed conflict,
as established in the Conventions of The Hague of 1899 and of 1907 and in the Washington
Pact of 15 April 1935;
Being of the opinion that such protection cannot be effective unless both national and
international measures have been taken to organize it in time of peace;
Being determined to take all possible steps to protect cultural property;
Have agreed upon the following provisions:

CHAPTER I : GENERAL PROVISIONS REGARDING PROTECTION

Definition of Cultural Property

Article 1. For the purposes of the present Convention, the term "cultural property" shall cover,
irrespective of
origin or ownership:
(a) movable or immovable property of great importance to the cultural heritage of every
people, such asmonuments of architecture, art or history, whether religious or secular;
archaeological sites; groups of buildings which, as a whole, are of historical or artistic interest;
works of art; manuscripts, books and other objects of artistic, historical or archaeological
interest; as well as scientific collections and important collections of books or archives or of
reproductions of the property defined above;
(b) buildings whose main and effective purpose is to preserve or exhibit the movable cultural
property defined in sub-paragraph (a) such as museums, large libraries and depositories of
archives, and refuges intended to shelter, in the event of armed conflict, the movable cultural
property defined in subparagraph (a);
(c) centres containing a large amount of cultural property as defined in sub-paragraphs (a)
and (b), to be known as "centres containing monuments".

Protection of Cultural Property

Art. 2. For the purposes of the present Convention, the protection of cultural property shall
comprise the safeguarding of and respect for such property.

Safeguarding of Cultural Property

Art. 3. The High Contracting Parties undertake to prepare in time of peace for the
safeguarding of cultural property situated within their own territory against the foreseeable
effects of an armed conflict, by taking such measures as they consider appropriate.

Respect for Cultural Property

Art. 4. 1. The High Contracting Parties undertake to respect cultural property situated within
their own territory as well as within the territory of other High Contracting Parties by refraining
from any use of the property and its immediate surroundings or of the appliances in use for its
protection for purposes which are likely to expose it to destruction or damage in the event of
armed conflict; and by refraining from any act of hostility directed against such property.
2. The obligations mentioned in paragraph I of the present Article may be waived only in
cases where military necessity imperatively requires such a waiver.
3. The High Contracting Parties further undertake to prohibit, prevent and, if necessary, put a
stop to any form of theft, pillage or misappropriation of, and any acts of vandalism directed
against, cultural property. They shall, refrain from requisitioning movable cultural property
situated in the territory of another High Contracting Party.
4. They shall refrain from any act directed by way of reprisals against cultural property.
5. No High Contracting Party may evade the obligations incumbent upon it under the present
Article, in respect of another High Contracting Party, by reason of the fact that the latter has not
applied the measures of safeguard referred to in Article 3.

Occupation

Art. 5. 1. Any High Contracting Party in occupation of the whole or part of the territory of
another High Contracting Party shall as far as possible support the competent national
authorities of the occupied country in safeguarding and preserving its cultural property.
2. Should it prove necessary to take measures to preserve cultural property situated in
occupied territory and damaged by military operations, and should the competent national
authorities be unable to take such measures, the Occupying Power shall, as far as possible, and
in close co-operation with such authorities, take the most necessary measures of preservation.
3. Any High Contracting Party whose government is considered their legitimate government
by members of a resistance movement, shall, if possible, draw their attention to the obligation to
comply with those provisions of the Conventions dealing with respect for cultural property.

Distinctive Marking of Cultural Property

Art. 6. In accordance with the provisions of Article 16, cultural property may bear a distinctive
emblem so as to facilitate its recognition.

Military Measures

Art. 7. 1. The High Contracting Parties undertake to introduce in time of peace into their
military regulations or instructions such provisions as may ensure observance of the present
Convention, and to foster in the members of their armed forces a spirit of respect for the culture
and cultural property of all peoples.
2. The High Contracting Parties undertake to plan or establish in peacetime, within their
armed forces, services or specialist personnel whose purpose will be to secure respect for
cultural property and to co-operate with the civilian authorities responsible for safeguarding it.

CHAPTER II : SPECIAL PROTECTION

Granting of Special Protection

Art. 8. 1. There may be placed under special protection a limited number of refuges intended
to shelter movable cultural property in the event of armed conflict, of centres containing
monuments and other immovable cultural property of very great importance, provided that
they:
(a) are situated at an adequate distance from any large industrial centre or from any important
military objective constituting a vulnerable point, such as, for example, an aerodrome,
broadcasting station, establishment engaged upon work of national defence, a port or railway
station of relative importance or a main line of communication;
(b) are not used for military purposes.
2. A refuge for movable cultural property may also be placed under special protection,
whatever its location, if it is so constructed that, in all probability, it will not be damaged by
bombs.
3. A centre containing monuments shall be deemed to be used for military purposes
whenever it is used for the movement of military personnel or material, even in transit. The
same shall apply whenever activities directly connected with military operations, the stationing of
military personnel, or the production of war material are carried on within the centre.
4. The guarding of cultural property mentioned in paragraph I above by armed custodians
specially empowered to do so, or the presence, in the vicinity of such cultural property, of police
forces normally responsible for the maintenance of public order, shall not be deemed to be used
for military purposes.
5. If any cultural property mentioned in paragraph I of the present Article is situated near an
important military objective as defined in the said paragraph, it may nevertheless be placed
under special protection if the High Contracting Party asking for that protection undertakes, in
the event of armed conflict, to make no use of the objective and particularly, in the case of a
port, railway station or aerodrome, to divert all traffic therefrom. In that event, such diversion
shall be prepared in time of peace.
6. Special protection is granted to cultural property by its entry in the "International Register of
Cultural Property under Special Protection". This entry shall only be made, in accordance with
the provisions of the present Convention and under the conditions provided for in the
Regulations for the execution of the Convention.

Immunity of Cultural Property under Special Protection

Art. 9. The High Contracting Parties undertake to ensure the immunity of cultural property
under special protection by refraining, from the time of entry in the International Register, from
any act of hostility directed against such property and, except for the cases provided for in
paragraph 5 of Article 8, from any use of such property or its surroundings for military purposes.

Identification and Control

Art. 10. During an armed conflict, cultural property under special protection shall be marked
with the distinctive emblem described in Article 16, and shall be open to international control as
provided for in the Regulations for the execution of the Convention.

Withdrawal of Immunity

Art. 11. 1. If one of the High Contracting Parties commits, in respect of any item of cultural
property under special protection, a violation of the obligations under Article 9, the opposing
Party shall, so long as this violation persists, be released from the obligation to ensure the
immunity of the property concerned. Nevertheless, whenever possible, the latter Party shall first
request the cessation of such violation within a reasonable time.
2. Apart from the case provided for in paragraph I of the present Article, immunity shall be
withdrawn from cultural property under special protection only in exceptional cases of
unavoidable military necessity, and only for such time as that necessity continues. Such
necessity can be established only by the officer commanding a force the equivalent of a division
in size or larger. Whenever circumstances permit, the opposing Party shall be notified, a
reasonable time in advance, of the decision to withdraw immunity.
3. The Party withdrawing immunity shall, as soon as possible, so inform the
Commissioner-General for cultural property provided for in the Regulations for the execution of
the Convention, in writing, stating the reasons.

CHAPTER III : TRANSPORT OF CULTURAL PROPERTY

Transport under Special Protection

Art. 12. 1. Transport exclusively engaged in the transfer of cultural property, whether within a
territory or to another territory, may, at the request of the High Contracting Party concerned, take
place under special protection in accordance with the conditions specified in the Regulations for
the execution of the Convention.
2. Transport under special protection shall take place under the international supervision
provided for in the aforesaid Regulations and shall display the distinctive emblem described in
Article 16.
3. The High Contracting Parties shall refrain from any act of hostility directed against transport
under special protection.

Transport in Urgent Cases

Art. 13. 1. If a High Contracting Party considers that the safety of certain cultural property
requires its transfer and that the matter is of such urgency that the procedure laid down in Article
12 cannot be followed, especially at the beginning of an armed conflict, the transport may
display the distinctive emblem described in Article 16, provided that an application for immunity
referred to in Article 12 has not already been made and refused. As far as possible, notification
of transfer should be made to the opposing Parties. Nevertheless, transport conveying cultural
property to the territory of another country may not display the distinctive emblem unless
immunity has been expressly granted to it.
2. The High Contracting Parties shall take, so far as possible, the necessary precautions to
avoid acts of hostility directed against the transport described in paragraph 1 of the present
Article and displaying the distinctive emblem.

Immunity from Seizure, Capture and Prize

Art. 14. 1. Immunity from seizure, placing in prize, or capture shall be granted to:
(a) cultural property enjoying the protection provided for in Article 12 or that provided for in
Article 13;
(b) the means of transport exclusively engaged in the transfer of such cultural property.
2. Nothing in the present Article shall limit the right of visit and search.

CHAPTER IV : PERSONNEL

Personnel

Art. 15. As far as is consistent with the interests of security, personnel engaged in the
protection of cultural property shall, in the interests of such property, be respected and, if they
fall into the hands of the opposing Party, shall be allowed to continue to carry out duties
whenever the cultural property for which they are responsible has also fallen into the hands of
the opposing Party.

CHAPTER V : THE DISTINCTIVE EMBLEM

Emblem of the Convention

Art. 16. 1. The distinctive emblem of the Convention shall take the form of a shield, pointed
below, per saltire blue and white (a shield consisting of a royal-blue square, one of the angles of
which forms the point of the shield, and of a royal-blue triangle above the square, the space on
either side being taken up by a white triangle).
2. The emblem shall be used alone, or repeated three times in a triangular formation (one
shield below), under the conditions provided for in Article 17.

Use of the Emblem

Art. 17. 1. The distinctive emblem repeated three times may be used only as a means of
identification of:
(a) immovable cultural property under special protection;
(b) the transport of cultural property under the conditions provided for in Articles 12 and 13:
 (c) improvised refuges, under the conditions provided for in the Regulations for the execution
of the Convention.
2. The distinctive emblem may be used alone only as a means of identification of:
(a) cultural property not under special protection;
(b) the persons responsible for the duties of control in accordance with the Regulations for the
execution of the Convention;
(c) the personnel engaged in the protection of cultural property;
(d) the identity cards mentioned in the Regulations for the execution of the Convention.
3. During an armed conflict, the use of the distinctive emblem in any other cases than those
mentioned in the preceding paragraphs of the present Article, and the use for any purpose
whatever of a sign resembling the distinctive emblem, shall be forbidden.
4. The distinctive emblem may not be placed on any immovable cultural property unless at
the same time there is displayed an authorization duly dated and signed by the competent
authority of the High Contracting Party.

CHAPTER VI : SCOPE OF APPLICATION OF THE CONVENTION

Application of the Convention

Art. 18. 1. Apart from the provisions which shall take effect in time of peace, the present
Convention shall apply in the event of declared war or of any other armed conflict which may
arise between two or more of the High Contracting Parties, even if the state of war is not
recognized by one or more of them.
2. The Convention shall also apply to all cases of partial or total occupation of the territory of a
High Contracting Party, even if the said occupation meets with no armed resistance.
3. If one of the Powers in conflict is not a Party to the present Convention, the Powers which
are Parties thereto shall nevertheless remain bound by it in their mutual relations. They shall
furthermore be bound by the Convention, in relation to the said Power, if the latter has declared
that it accepts the provisions thereof and so long as it applies them.

Conflicts Not of an International Character

Art. 19. 1. In the event of an armed conflict not of an international character occurring within
the territory of one of the High Contracting Parties, each party to the conflict shall be bound to
apply, as a minimum, the provisions of the present Convention which relate to respect for
cultural property.
2. The parties to the Conflict shall endeavour to bring into force, by means of special
agreements, all or part of the other provisions of the present Convention.
3. The United Nations Educational, Scientific and Cultural Organization may offer its services
to the parties to the conflict.
4. The application of the preceding provisions shall not affect the legal status of the parties to
the conflict.

CHAPTER VII : EXECUTION OF THE CONVENTION

Regulations for the Execution of the Convention

Art. 20. The procedure by which the present Convention is to be applied is defined in the
Regulations for its execution, which constitute an integral part thereof.

Protecting Powers

Art. 21. The present Convention and the Regulations for its execution shall be applied with the
co-operation of the Protecting Powers responsible for safeguarding the interests of the Parties
to the conflict.
 Conciliation Procedure

Art. 22. 1. The Protecting Powers shall lend their good offices in all cases where they may
deem it useful in the interests of cultural property, particularly if there is disagreement between
the Parties to the conflict as to the application or interpretation of the provisions of the present
Convention or the Regulations for its execution.
2. For this purpose, each of the Protecting Powers may, either at the invitation of one Party, of
the Director-General of the United Nations Educational, Scientific and Cultural Organization, or
on its own initiative, propose to the Parties to the conflict a meeting of their representatives, and
in particular of the authorities responsible for the protection of cultural property, if considered
appropriate on suitably chosen neutral territory. The Parties to the conflict shall be bound to give
effect to the proposals for meeting made to them. The Protecting Powers shall propose for
approval by the Parties to the conflict a person belonging to a neutral Power or a person
presented by the Director-General of the United Nations Educational, Scientific and Cultural
Organization, which person shall be invited to take part in such a meeting in the capacity of
Chairman.

Assistance of UNESCO

Art. 23. 1. The High Contracting Parties may call upon the United Nations Educational,
Scientific and Cultural Organization for technical assistance in organizing the protection of their
cultural property, or in connexion with any other problem arising out of the application of the
present Convention or the Regulations for its execution. The Organization shall accord such
assistance within the limits fixed by its programme and by its resources.
2. The Organization is authorized to make, on its own initiative, proposals on this matter to the
High Contracting Parties.

Special Agreements

Art. 24. 1. The High Contracting Parties may conclude special agreements for all matters
concerning which they deem it suitable to make separate provision.
2. No special agreement may be concluded which would diminish the protection afforded by
the present Convention to cultural property and to the personnel engaged in its protection.

Dissemination of the Convention

Art. 25. The High Contracting Parties undertake, in time of peace as in time of armed conflict,
to disseminate the text of the present Convention and the Regulations for its execution as widely
as possible in their respective countries. They undertake, in particular, to include the study
thereof in their programmes of military and, if possible, civilian training, so that its principles are
made known to the whole population, especially the armed forces and personnel engaged in the
protection of cultural property.

Translations, Reports

Art. 26. 1. The High Contracting Parties shall communicate to one another, through the
Director-General of the United Nations Educational, Scientific and Cultural Organization, the
official translations of the present Convention and of the Regulations for its execution.
2. Furthermore, at least once every four years, they shall forward to the Director-General a
report giving whatever information they think suitable concerning any measures being taken,
prepared or contemplated by their respective administrations in fulfilment of the present
Convention and of the Regulations for its execution.

Meetings

Art. 27. 1. The Director-General of the United Nations Educational, Scientific and Cultural
Organization may, with the approval of the Executive Board, convene meetings of
representatives of the High Contracting Parties. He must convene such a meeting if at least
one-fifth of the High Contracting Parties so request.
2. Without prejudice to any other functions which have been conferred on it by the present
Convention or the Regulations for its execution, the purpose of the meeting will be to study
problems concerning the application of the Convention and of the Regulations for its execution,
and to formulate recommendations in respect thereof.
3. The meeting may further undertake a revision of the Convention or the Regulations for its
execution if the majority of the High Contracting Parties are represented, and in accordance with
the provisions of Article 39.

Sanctions

Art. 28. The High Contracting Parties undertake to take, within the framework of their ordinary
criminal jurisdiction, all necessary steps to prosecute and impose penal or disciplinary sanctions
upon those persons, of whatever nationality, who commit or order to be committed a breach of
the present Convention.

FINAL PROVISIONS

Languages

Art. 29. 1. The present Convention is drawn up in English, French, Russian and Spanish, the
four texts being equally authoritative.
2. The United Nations Educational, Scientific and Cultural Organization shall arrange for
translations of the Convention into the other official languages of its General Conference.

Signature

Art. 30. The present Convention shall bear the date of 14 May 1954 and, until the date of 31
December 1954, shall remain open for signature by all States invited to the Conference which
met at The Hague from 21 April 1954 to 14 May 1954.

Ratification

Art. 31. 1. The present Convention shall be subject to ratification by Signatory States in
accordance with their respective constitutional procedures.
2. The instruments of ratification shall be deposited with the Director-General of the United
Nations Educational, Scientific and Cultural Organization.

Accession

Art. 32. From the date of its entry into force, the present Convention shall be open for
accession by all States mentioned in Article 30 which have not signed it, as well as any other
State invited to accede by the Executive Board of the United Nations Educational, Scientific and
Cultural Organization. Accession shall be effected by the deposit of an instrument of accession
with the Director-General of the United Nations Educational, Scientific and Cultural Organization.

Entry into Force

Art. 33. 1. The present Convention shall enter into force three months after five instruments of
ratification have been deposited.
2. Thereafter, it shall enter into force, for each High Contracting Party, three months after the
deposit of its instrument of ratification or accession.
 3. The situations referred to in Articles 18 and 19 shall give immediate effect to ratifications or
accessions deposited by the Parties to the conflict either before or after the beginning of
hostilities or occupation. In such cases the Director-General of the United Nations Educational,
Scientific and Cultural Organization shall transmit the communications referred to in Article 38
by the speediest method.

Effective Application

Art. 34. 1. Each State Party to the Convention on the date of its entry into force shall take all
necessary measures to ensure its effective application within a period of six months after such
entry into force.
2. This period shall be six months from the date of deposit of the instruments of ratification or
accession for any State which deposits its instrument of ratification or accession after the date of
the entry into force of the Convention.

Territorial Extension of the Convention

Art. 35. Any High Contracting Party may, at the time of ratification or accession, or at any time
thereafter, declare by notification addressed to the Director-General of the United Nations
Educational, Scientific and Cultural Organization, that the present Convention shall extend to all
or any of the territories for whose international relations it is responsible. The said notification
shall take effect three months after the date of its receipt.

Relation to Previous Conventions

Art. 36. 1. In the relations between Powers which are bound by the Conventions of The
Hague concerning the Laws and Customs of War on Land (IV) and concerning Naval
Bombardment in Time of War (IX), whether those of 29 July 1899 or those of 18 October 1907,
and which are Parties to the present Convention, this last Convention shall be supplementary to
the aforementioned Convention (IX) and to the Regulations annexed to the aforementioned
Convention (IV) and shall substitute for the emblem described in Article 5 of the aforementioned
Convention (IX) the emblem described in Article 16 of the Present Convention, in cases in which
the present Convention and the Regulations for its execution provide for the use of this
distinctive emblem.
2. In the relations between Powers which are bound by the Washington Pact of 15 April 1935
for the Protection of Artistic and Scientific Institutions and of Historic Monuments (Roerich Pact)
and which are Parties to the present Convention, the latter Convention shall be supplementary
to the Roerich Pact and shall substitute for the distinguishing flag described in Article III of the
Pact the emblem defined in Article 16 of the present Convention, in cases in which the present
Convention and the Regulations for its execution provide for the use of this distinctive emblem.

Denunciation

Art. 37. 1. Each High Contracting Party may denounce the present Convention, on its own
behalf, or on behalf of any territory for whose international relations it is responsible.
2. The denunciation shall be notified by an instrument in writing, deposited with the
Director-General of the United Nations Educational, Scientific and Cultural Organization.
3. The denunciation shall take effect one year after the receipt of the instrument of
denunciation. However, if, on the expiry of this period, the denouncing Party is involved in an
armed conflict, the denunciation shall not take effect until the end of hostilities, or until the
operations of repatriating cultural property are completed, whichever is the later.

Notifications

Art. 38. The Director-General of the United Nations Educational, Scientific and Cultural
Organization shall inform the States referred to in Articles 30 and 32, as well as the United
Nations, of the deposit of all the instruments of ratification, accession or acceptance provided for
in Articles 31, 32 and 39 and of the notifications and denunciations provided for respectively in
Articles 35, 37 and 39.

Revision of the Convention and of the Regulations for its Execution

Art. 39. 1. Any High Contracting Party may propose amendments to the present Convention
or the Regulations for its execution. The text of any proposed amendment shall be
communicated to the Director-General of the United Nations Educational, Scientific and Cultural
Organization who shall transmit it to each High Contracting Party with the request that such
Party reply
within four months stating whether it:
(a) desires that a Conference be convened to consider
the proposed amendment;
(b) favours the acceptance of the proposed amendment
without a Conference; or
(c) favours the rejection of the proposed amendment
without a Conference.
2. The Director-General shall transmit the replies, received under paragraph I of the present
Article, to all High Contracting Parties.
3. If all the High Contracting Parties which have, within the prescribed time-limit, stated their
views to the Director-General of the United Nations Educational, Scientific and Cultural
Organization, pursuant to paragraph 1 (b) of this Article, inform him that they favour acceptance
of the amendment without a Conference, notification of their decision shall be made by the
Director-General in accordance with Article 38. The amendment shall become effective for all
the High Contracting Parties on the expiry of ninety days from the date of such notification.
4. The Director-General shall convene a Conference of the High Contracting Parties to
consider the proposed amendment if requested to do so by more than one-third of the High
Contracting Parties.
5. Amendments to the Convention or to the Regulations for its execution, dealt with under the
provisions of the preceding paragraph, shall enter into force only after they have been
unanimously adopted by the High Contracting Parties represented at the Conference and
accepted by each of the High Contracting Parties.
6. Acceptance by the High Contracting Parties of amendments to the Convention or to the
Regulations for its execution, which have been adopted by the Conference mentioned in
paragraphs 4 and 5, shall be effected by the deposit of a formal instrument with the
Director-General of the United Nations Educational, Scientific and Cultural Organization.
7. After the entry into force of amendments to the present Convention or to the Regulations
for its execution, only the text of the Convention or of the Regulations for its execution thus
amended shall remain open for ratification or accession.

Registration

Art. 40. In accordance with Article 102 of the Charter of the United Nations, the present
Convention shall be registered with the Secretariat of the United Nations at the request of the
Director-General of the United Nations Educational, Scientific and Cultural Organization.

In faith whereof the undersigned, duly authorized, have signed the present Convention.

Done at The Hague, this fourteenth day of May 1954, in a single copy which shall be
deposited in the archives of the United Nations Educational, Scientific and Cultural Organization,
and certified true copies of which shall be delivered to all the States referred to in Articles 30 and
32 as well as to the United Nations.

REGULATIONS FOR THE EXECUTION OF THE CONVENTION FOR THE PROTECTION OF

CULTURAL PROPERTY IN EVENT OF ARMED CONFLICT
CHAPTER I : CONTROL

International List of Persons

Article 1. On the entry into force of the Convention, the Director-General of the United Nations
Educational, Scientific and Cultural Organization shall compile an international list consisting of
all persons nominated by the High Contracting Parties as qualified to carry out the functions of
Commissioner-General for Cultural Property. On the initiative of the Director-General of the
United Nations Educational, Scientific and Cultural Organization, this list shall be periodically
revised on the basis of requests formulated by the High Contracting Parties.

Organization of Control

Art. 2. As soon as any High Contracting Party is engaged in an armed conflict to which Article
18 of the
Convention applies:
(a) It shall appoint a representative for cultural property situated in its territory; if it is in
occupation of another territory, it shall appoint a special representative for cultural property
situated in that territory;
(b) The Protecting Power acting for each of the Parties in conflict with such High Contracting
Party shall appoint delegates accredited to the latter in conformity with Article 3 below;
(c) A Commissioner-General for Cultural Property shall be appointed to such High
Contracting Party in accordance with Article 4.

Appointment of Delegates of Protecting Powers

Art. 3. The Protecting Power shall appoint its delegates from among the members of its
diplomatic or consular staff or, with the approval of the Party to which they will be accredited,
from among other persons.

Appointment of Commissioner-General

Art. 4. 1. The Commissioner-General for Cultural Property shall be chosen from the
international list of persons by joint agreement between the Party to which he will be accredited
and the Protecting Powers acting on behalf of the opposing Parties.
2. Should the Parties fail to reach agreement within three weeks from the beginning of their
discussions on this point, they shall request the President of the International Court of Justice to
appoint the Commissioner-General, who shall not take up his duties until the Party to which he
is accredited has approved his appointment.

Functions of Delegates

Art. 5. The delegates of the Protecting Powers shall take note of violations of the Convention,
investigate, with the approval of the Party to which they are accredited, the circumstances in
which they have occurred, make representations locally to secure their cessation and, if
necessary, notify the Commissioner-General of such violations. They shall keep him informed of
their activities.

Functions of the Commissioner-General

Art. 6. 1. The Commissioner-General for Cultural Property shall deal with all matters referred
to him in connexion with the application of the Convention, in conjunction with the representative
of the Party to which he is accredited and with the delegates concerned.
2. He shall have powers of decision and appointment in the cases specified in the present
Regulations.
3. With the agreement of the Party to which he is accredited, he shall have the right to order
an investigation or to conduct it himself.
4. He shall make any representations to the Parties to the conflict or to their Protecting
Powers which he deems useful for the application of the Convention.
5. He shall draw up such reports as may be necessary on the application of the Convention
and communicate them to the Parties concerned and to their Protecting Powers. He shall send
copies to the Director-General of the United Nations Educational, Scientific and Cultural
Organization, who may make use only of their technical contents.
6. If there is no protecting Power, the Commissioner-General shall exercise the functions of
the Protecting Power as laid down in Articles 21 and 22 of the Convention.

Inspectors and Experts

Art. 7. 1. Whenever the Commissioner-General for Cultural Property considers it necessary,

either at the request of the delegates concerned or after consultation with them, he shall
propose, for the approval of the Party to which he is accredited, an inspector of cultural property
to be charged with a specific mission. An inspector shall be responsible only to the
Commissioner-General.
2. The Commissioner-General, delegates and inspectors may have recourse to the services
of experts, who will also be proposed for the approval of the Party mentioned in the preceding
paragraph.

Discharge of the Mission of Control

Art. 8. The Commissioners-General for Cultural Property, delegates of the Protecting Powers,
inspectors and experts shall in no case exceed their mandates. In particular, they shall take
account of the security needs of the High Contracting Party to which they are accredited and
shall in all circumstances act in accordance with the requirements of the military situation as
communicated to them by that High Contracting Party.

Substitutes for Protecting Powers

Art. 9. If a Party to the conflict does not benefit or ceases to benefit from the activities of a
Protecting Power, a neutral State may be asked to undertake those functions of a Protecting
Power which concern the appointment of a Commissioner-General for Cultural Property in
accordance with the procedure laid down in Article 4. The Commissioner-General thus
appointed shall, if need be, entrust to inspectors the functions of delegates of Protecting Powers
as specified in the present Regulations.

Expenses

Art. 10. The remuneration and expenses of the Commissioner-General for Cultural Property,
inspectors and experts shall be met by the Party to which they are accredited. Remuneration
and expenses of delegates of the Protecting Powers shall be subject to agreement between
those Powers and the States whose interests they are safeguarding.

CHAPTER II : SPECIAL PROTECTION

Improvised Refuges

Art. 11. 1. If, during an armed conflict, any High Contracting Party is induced by unforeseen
circumstances to set up an improvised refuge and desires that it should be placed under special
protection, it shall communicate this fact forthwith to the Commissioner-General accredited to
that Party.
2. If the Commissioner-General considers that such a measure is justified by the
circumstances and by the importance of the cultural property sheltered in this improvised refuge,
he may authorize the High Contracting Party to display on such refuge the distinctive emblem
defined in Article 16 of the Convention. He shall communicate his decision without delay to the
delegates of the Protecting Powers who are concerned, each of whom may, within a time-limit of
30 days, order the immediate withdrawal of the emblem.
3. As soon as such delegates have signified their agreement or if the time-limit of 30 days has
passed without any of the delegates concerned having made an objection, and if, in the view of
the Commissioner-General, the refuge fulfils the conditions laid down in Article 8 of the
Convention, the Commissioner-General shall request the Director-General of the United Nations
Educational, Scientific and Cultural Organization to enter the refuge in the Register of Cultural
Property under Special Protection.

International Register of Cultural Property Under Special Protection

Art. 12. 1. An "International Register of Cultural Property under Special Protection" shall be
prepared.
2. The Director-General of the United Nations Educational, Scientific and Cultural
Organization shall maintain this Register. He shall furnish copies to the Secretary-General of the
United Nations and to the High Contracting Parties.
3. The Register shall be divided into sections, each in the name of a High Contracting Party.
Each section
shall be sub-divided into three paragraphs, headed: Refuges, Centres containing Monuments,
Other Immovable Cultural Property. The Director-General shall determine what details each
section shall contain.

Requests for Registration

Art. 13. 1. Any High Contracting Party may submit to the Director-General of the United
Nations Educational, Scientific and Cultural Organization an application for the entry in the
Register of certain refuges, centres containing monuments or other immovable cultural property
situated within its territory. Such application shall contain a description of the location of such
property and shall certify that the property complies with the provisions of Article 8 of the
Convention.
2. In the event of occupation, the Occupying Power shall be competent to make such
application.
3. The Director-General of the United Nations Educational, Scientific and Cultural
Organization shall, without delay, send copies of applications for registration to each of the High
Contracting Parties.

Objections

Art. 14. 1. Any High Contracting Party may, by letter addressed to the Director-General of the
United Nations Educational, Scientific and Cultural Organization, lodge an objection to the
registration of cultural property. This letter must be received by him within four months of the day
on which he sent a copy of the application for registration.
2. Such objection shall state the reasons giving rise to it, the only valid grounds being that:
(a) the property is not cultural property;
(b) the property does not comply with the conditions mentioned in Article 8 of the Convention.
3. The Director-General shall send a copy of the letter of objection to the High Contracting
Parties without delay. He shall, if necessary, seek the advice of the International Committee on
Monuments, Artistic and Historical Sites and Archaeological Excavations and also, if he thinks
fit, of any other competent organization or person.
4. The Director-General, or the High Contracting Party requesting registration, may make
whatever representations they deem necessary to the High Contracting Parties which lodged the
objection, with a view to causing the objection to be withdrawn.
5. If a High Contracting Party which has made an application for registration in time of peace
becomes involved in an armed conflict before the entry has been made, the cultural property
concerned shall at once be provisionally entered in the Register, by the Director-General,
pending the confirmation, withdrawal or cancellation of any objection that may be, or may have
been, made.
 6. If, within a period of six months from the date of receipt of the letter of objection, the
Director-General has not received from the High Contracting Party lodging the objection a
communication stating that it has been withdrawn, the High Contracting Party applying for
registration may request arbitration in accordance with the procedure in the following paragraph.
7. The request for arbitration shall not be made more than one year after the date of receipt
by the Director-General of the letter of objection. Each of the two Parties to the dispute shall
appoint an arbitrator. When more than one objection has been lodged against an application for
registration, the High Contracting Parties which have lodged the objections shall, by common
consent, appoint a single arbitrator. These two arbitrators shall select a chief arbitrator from the
international list mentioned in Article I of the present Regulations. If such arbitrators cannot
agree upon their choice, they shall ask the President of the International Court of Justice to
appoint a chief arbitrator who need not necessarily be chosen from the international list. The
arbitral tribunal thus constituted shall fix its own procedure. There shall be no appeal from its
decisions.
8. Each of the High Contracting Parties may declare, whenever a dispute to which it is a Party
arises, that it does not wish to apply the arbitration procedure provided for in the preceding
paragraph. In such cases, the objection to an application for registration shall be submitted by
the Director-General to the High Contracting Parties. The objection will be confirmed only if the
High Contracting Parties so decide by a two-third majority of the High Contracting Parties voting.
The vote shall be taken by correspondence, unless the Director-General of the United Nations
Educational, Scientific and Cultural Organization deems it essential to convene a meeting under
the powers conferred upon him by Article 27 of the Convention. If the Director-General decides
to proceed with the vote by correspondence, he shall invite the High Contracting Parties to
transmit their votes by sealed letter within six months from the day on which they were invited to
do so.

Registration

Art. 15. 1. The Director-General of the United Nations Educational, Scientific and Cultural
Organization shall cause to be entered in the Register. under a serial number, each item of
property for which application for registration is made, provided that he has not received an
objection within the time-limit prescribed in Paragraph I of Article 14.
2. If an objection has been lodged, and without prejudice to the provision of paragraph 5 of
Article 14, the Director-General shall enter property in the Register only if the objection has been
withdrawn or has failed to be confirmed following the procedures laid down in either paragraph 7
or paragraph 8 of Article 14.
3. Whenever paragraph 3 of Article 11 applies, the Director-General shall enter property in the
Register if so requested by the Commissioner-General for Cultural Property.
4. The Director-General shall send without delay to the Secretary-General of the United
Nations, to the High Contracting Parties, and, at the request of the Party applying for
registration, to all other States referred to in Articles 30 and 32 of the Convention, a certified
copy of each entry in the Register. Entries shall become effective thirty days after despatch of
such copies.

Cancellation

Art. 16. 1. The Director-General of the United Nations Educational, Scientific and Cultural
Organization shall
cause the registration of any property to be cancelled:
(a) at the request of the High Contracting Party within whose territory the cultural property is
situated;
(b) if the High Contracting Party which requested registration has denounced the Convention,
and when that denunciation has taken effect;
(c) in the special case provided for in Article 14, paragraph 5, when an objection has been
confirmed following the procedures mentioned either in paragraph 7 or in paragraph 8 of Article
14.
2. The Director-General shall send without delay, to the Secretary-General of the United
Nations and to all States which received a copy of the entry in the Register, a certified copy of its
cancellation. Cancellation shall take effect thirty days after the despatch of such copies.
CHAPTER III : TRANSPORT OF CULTURAL PROPERTY

Procedure to Obtain Immunity

Art. 17. 1. The request mentioned in paragraph 1 of Article 12 of the Convention shall be
addressed to the Commissioner-General for Cultural Property. It shall mention the reasons on
which it is based and specify the approximate number and the importance of the objects to be
transferred, their present location, the location now envisaged, the means of transport to be
used, the route to be followed, the date proposed for the transfer, and any other relevant
information.
2. If the Commissioner-General, after taking such opinions as he deems fit, considers that
such transfer is justified, he shall consult those delegates of the Protecting Powers who are
concerned, on the measures proposed for carrying it out. Following such consultation, he shall
notify the Parties to the conflict concerned of the transfer, including in such notification all useful
in formation.
3. The Commissioner-General shall appoint one or more inspectors, who shall satisfy
themselves that only the property stated in the request is to be transferred and that the transport
is to be by the approved methods and bears the distinctive emblem. The inspector or inspectors
shall accompany the property to its destination.

Transport Abroad

Art. 18. Where the transfer under special protection is to the territory of another country, it
shall be governed not only by Article 12 of the Convention and by Article 17 of the present
Regulations, but by the
following further provisions:
(a) while the cultural property remains on the territory of another State, that State shall be its
depositary and shall extend to it as great a measure of care as that which it bestows upon its
own cultural property of comparable importance;
(b) the depositary State shall return the property only on the cessation of the conflict; such
return shall be effected within six months from the date on which it was requested;
(c) during the various transfer operations, and while it remains on the territory of another
State, the cultural property shall be exempt from confiscation and may not be disposed of either
by the depositor or by the depositary. Nevertheless, when the safety of the property requires it,
the depositary may, with the assent of the depositor, have the property transported to the
territory of a third country, under the conditions laid down in the present article;
(d) the request for special protection shall indicate that the State to whose territory the
property is to be transferred accepts the provisions of the present Article.

Occupied Territory

Art. 19. Whenever a High Contracting Party occupying territory of another High Contracting
Party transfers cultural property to a refuge situated elsewhere in that territory, without being
able to follow the procedure provided for in Article 17 of the Regulations, the transfer in question
shall not be regarded as misappropriation within the meaning of Article 4 of the Convention,
provided that the Commissioner-General for Cultural Property certifies in writing, after having
consulted the usual custodians, that such transfer was rendered necessary by circumstances.

CHAPTER IV : THE DISTINCTIVE EMBLEM

Affixing of the Emblem

Art. 20. 1. The placing of the distinctive emblem and its degree of visibility shall be left to the
discretion of the competent authorities of each High Contracting Party. It may be displayed on
flags or armlets; it may be painted on an object or represented in any other appropriate form.
2. However, without prejudice to any possible fuller markings, the emblem shall, in the event
of armed conflict and in the cases mentioned in Articles 12 and 13 of the Convention, be placed
on the vehicles of transport so as to be clearly visible in daylight from the air as well as from the
ground.
The emblem shall be visible from the ground:
(a) at regular intervals sufficient to indicate clearly the perimeter of a centre containing
monuments under special protection;
(b) at the entrance to other immovable cultural property under special protection.

Identification of Persons

Art. 21. 1. The persons mentioned in Article 17, paragraph 2 (b) and (c) of the Convention
may wear an armlet bearing the distinctive emblem, issued and stamped by the competent
authorities.
2. Such persons shall carry a special identity card bearing the distinctive emblem. This card
shall mention at least the surname and first names, the date of birth, the title or rank, and the
function of the holder. The card shall bear the photograph of the holder as well as his signature
or his fingerprints, or both. It shall bear the embossed stamp of the competent authorities.
3. Each High Contracting Party shall make out its own type of identity card, guided by the
model annexed, by way of example, to the present Regulations. The High Contracting Parties
shall transmit to each other a specimen of the model they are using. Identity cards shall be
made out, if possible, at least in duplicate, one copy being kept by the issuing Power.
4. The said persons may not, without legitimate reason, be deprived of their identity card or of
the right to wear the armlet.

(Here follow signatures)

 International Covenant on Civil and Political Rights

Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A
(XXI) of 16 December 1966, entry into force 23 March 1976, in accordance with Article 49

Preamble

The States Parties to the present Covenant,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations,
recognition of the inherent dignity and of the equal and inalienable rights of all members of the
human family is the foundation of freedom, justice and peace in the world,

Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free
human beings enjoying civil and political freedom and freedom from fear and want can only be
achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as
his economic, social and cultural rights,

Considering the obligation of States under the Charter of the United Nations to promote universal
respect for, and observance of, human rights and freedoms,

Realizing that the individual, having duties to other individuals and to the community to which he
belongs, is under a responsibility to strive for the promotion and observance of the rights recognized
in the present Covenant,

Agree upon the following articles:

PART I
Article 1

1. All peoples have the right of self-determination. By virtue of that right they freely determine their
political status and freely pursue their economic, social and cultural development.

2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without
prejudice to any obligations arising out of international economic co-operation, based upon the
principle of mutual benefit, and international law. In no case may a people be deprived of its own
means of subsistence.

3. The States Parties to the present Covenant, including those having responsibility for the
administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right
of self-determination, and shall respect that right, in conformity with the provisions of the Charter of
the United Nations.

PART II

Article 2

1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals
within its territory and subject to its jurisdiction the rights recognized in the present Covenant,
without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.

2. Where not already provided for by existing legislative or other measures, each State Party to the
present Covenant undertakes to take the necessary steps, in accordance with its constitutional
processes and with the provisions of the present Covenant, to adopt such laws or other measures as
may be necessary to give effect to the rights recognized in the present Covenant.

3. Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have
an effective remedy, notwithstanding that the violation has been committed by persons acting in an
official capacity;

(b) To ensure that any person claiming such a remedy shall have his right thereto determined by
competent judicial, administrative or legislative authorities, or by any other competent authority
provided for by the legal system of the State, and to develop the possibilities of judicial remedy;

(c) To ensure that the competent authorities shall enforce such remedies when granted.

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women
to the enjoyment of all civil and political rights set forth in the present Covenant.

Article 4

1 . In time of public emergency which threatens the life of the nation and the existence of which is
officially proclaimed, the States Parties to the present Covenant may take measures derogating from
their obligations under the present Covenant to the extent strictly required by the exigencies of the
situation, provided that such measures are not inconsistent with their other obligations under
international law and do not involve discrimination solely on the ground of race, colour, sex,
language, religion or social origin.

2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this
provision.

3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately
inform the other States Parties to the present Covenant, through the intermediary of the Secretary-
General of the United Nations, of the provisions from which it has derogated and of the reasons by
which it was actuated. A further communication shall be made, through the same intermediary, on
the date on which it terminates such derogation.
Article 5

1. Nothing in the present Covenant may be interpreted as implying for any State, group or person
any right to engage in any activity or perform any act aimed at the destruction of any of the rights
and freedoms recognized herein or at their limitation to a greater extent than is provided for in the
present Covenant.

2. There shall be no restriction upon or derogation from any of the fundamental human rights
recognized or existing in any State Party to the present Covenant pursuant to law, conventions,
regulations or custom on the pretext that the present Covenant does not recognize such rights or
that it recognizes them to a lesser extent.

PART III

Article 6

1. Every human being has the inherent right to life. This right shall be protected by law. No one shall
be arbitrarily deprived of his life.

2. In countries which have not abolished the death penalty, sentence of death may be imposed only
for the most serious crimes in accordance with the law in force at the time of the commission of the
crime and not contrary to the provisions of the present Covenant and to the Convention on the
Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant
to a final judgement rendered by a competent court.

3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this
article shall authorize any State Party to the present Covenant to derogate in any way from any
obligation assumed under the provisions of the Convention on the Prevention and Punishment of the
Crime of Genocide.

4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence.
Amnesty, pardon or commutation of the sentence of death may be granted in all cases.
5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of
age and shall not be carried out on pregnant women.

6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment
by any State Party to the present Covenant.

Article 7

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In

particular, no one shall be subjected without his free consent to medical or scientific
experimentation.

Article 8

1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.

2. No one shall be held in servitude.

3.

(a) No one shall be required to perform forced or compulsory labour;

(b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour
may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a
sentence to such punishment by a competent court;

(c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include:

(i) Any work or service, not referred to in subparagraph (b), normally required of a person who is
under detention in consequence of a lawful order of a court, or of a person during conditional
release from such detention;
(ii) Any service of a military character and, in countries where conscientious objection is recognized,
any national service required by law of conscientious objectors;

(iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the
community;

(iv) Any work or service which forms part of normal civil obligations.

Article 9

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary
arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance
with such procedure as are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and
shall be promptly informed of any charges against him.

3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or
other officer authorized by law to exercise judicial power and shall be entitled to trial within a
reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be
detained in custody, but release may be subject to guarantees to appear for trial, at any other stage
of the judicial proceedings, and, should occasion arise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings
before a court, in order that that court may decide without delay on the lawfulness of his detention
and order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to
compensation.

Article 10
1. All persons deprived of their liberty shall be treated with humanity and with respect for the
inherent dignity of the human person.

2.

(a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons
and shall be subject to separate treatment appropriate to their status as unconvicted persons;

(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for
adjudication.

3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be
their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be
accorded treatment appropriate to their age and legal status.

Article 11

No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation. Article
12

1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty
of movement and freedom to choose his residence.

2. Everyone shall be free to leave any country, including his own.

3. The above-mentioned rights shall not be subject to any restrictions except those which are
provided by law, are necessary to protect national security, public order (ordre public), public health
or morals or the rights and freedoms of others, and are consistent with the other rights recognized in
the present Covenant.
4. No one shall be arbitrarily deprived of the right to enter his own country.

Article 13

An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom
only in pursuance of a decision reached in accordance with law and shall, except where compelling
reasons of national security otherwise require, be allowed to submit the reasons against his
expulsion and to have his case reviewed by, and be represented for the purpose before, the
competent authority or a person or persons especially designated by the competent authority.

Article 14

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal
charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair
and public hearing by a competent, independent and impartial tribunal established by law. The press
and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre
public) or national security in a democratic society, or when the interest of the private lives of the
parties so requires, or to the extent strictly necessary in the opinion of the court in special
circumstances where publicity would prejudice the interests of justice; but any judgement rendered
in a criminal case or in a suit at law shall be made public except where the interest of juvenile
persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of
children.

2. Everyone charged with a criminal offence shall have the right to be presumed innocent until
proved guilty according to law.

3. In the determination of any criminal charge against him, everyone shall be entitled to the following
minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which
he understands of the nature and cause of the charge against him;

(b) To have adequate time and facilities for the preparation of his defence and to communicate with
counsel of his own choosing;

(c) To be tried without undue delay;

(d) To be tried in his presence, and to defend himself in person or through legal assistance of his own
choosing; to be informed, if he does not have legal assistance, of this right; and to have legal
assistance assigned to him, in any case where the interests of justice so require, and without
payment by him in any such case if he does not have sufficient means to pay for it;

(e) To examine, or have examined, the witnesses against him and to obtain the attendance and
examination of witnesses on his behalf under the same conditions as witnesses against him;

(f) To have the free assistance of an interpreter if he cannot understand or speak the language used
in court;

(g) Not to be compelled to testify against himself or to confess guilt.

4. In the case of juvenile persons, the procedure shall be such as will take account of their age and
the desirability of promoting their rehabilitation. 5. Everyone convicted of a crime shall have the right
to his conviction and sentence being reviewed by a higher tribunal according to law.

6. When a person has by a final decision been convicted of a criminal offence and when subsequently
his conviction has been reversed or he has been pardoned on the ground that a new or newly
discovered fact shows conclusively that there has been a miscarriage of justice, the person who has
suffered punishment as a result of such conviction shall be compensated according to law, unless it is
proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

7. No one shall be liable to be tried or punished again for an offence for which he has already been
finally convicted or acquitted in accordance with the law and penal procedure of each country.

Article 15

1 . No one shall be held guilty of any criminal offence on account of any act or omission which did not
constitute a criminal offence, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time
when the criminal offence was committed. If, subsequent to the commission of the offence,
provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby.
2. Nothing in this article shall prejudice the trial and punishment of any person for any act or
omission which, at the time when it was committed, was criminal according to the general principles
of law recognized by the community of nations.

Article 16

Everyone shall have the right to recognition everywhere as a person before the law.

Article 17

1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or
correspondence, nor to unlawful attacks on his honour and reputation.

2. Everyone has the right to the protection of the law against such interference or attacks.

Article 18

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall
include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually
or in community with others and in public or private, to manifest his religion or belief in worship,
observance, practice and teaching.

2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion
or belief of his choice.

3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are
prescribed by law and are necessary to protect public safety, order, health, or morals or the
fundamental rights and freedoms of others.
4. The States Parties to the present Covenant undertake to have respect for the liberty of parents
and, when applicable, legal guardians to ensure the religious and moral education of their children in
conformity with their own convictions.

Article 19

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek,
receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing
or in print, in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties
and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as
are provided by law and are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order (ordre public), or of public health or
morals.

Article 20

1. Any propaganda for war shall be prohibited by law.

2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination,
hostility or violence shall be prohibited by law.

Article 21
The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of
this right other than those imposed in conformity with the law and which are necessary in a
democratic society in the interests of national security or public safety, public order (ordre public),
the protection of public health or morals or the protection of the rights and freedoms of others.

Article 22

1. Everyone shall have the right to freedom of association with others, including the right to form and
join trade unions for the protection of his interests.

2. No restrictions may be placed on the exercise of this right other than those which are prescribed
by law and which are necessary in a democratic society in the interests of national security or public
safety, public order (ordre public), the protection of public health or morals or the protection of the
rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on
members of the armed forces and of the police in their exercise of this right.

3. Nothing in this article shall authorize States Parties to the International Labour Organisation
Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to
take legislative measures which would prejudice, or to apply the law in such a manner as to
prejudice, the guarantees provided for in that Convention.

Article 23

1. The family is the natural and fundamental group unit of society and is entitled to protection by
society and the State.

2. The right of men and women of marriageable age to marry and to found a family shall be
recognized.

3. No marriage shall be entered into without the free and full consent of the intending spouses.
4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and
responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of
dissolution, provision shall be made for the necessary protection of any children.

Article 24

1. Every child shall have, without any discrimination as to race, colour, sex, language, religion,
national or social origin, property or birth, the right to such measures of protection as are required
by his status as a minor, on the part of his family, society and the State.

2. Every child shall be registered immediately after birth and shall have a name.

3. Every child has the right to acquire a nationality.

Article 25

Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in
article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;

(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal
suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the
electors;

(c) To have access, on general terms of equality, to public service in his country.

Article 26

All persons are equal before the law and are entitled without any discrimination to the equal
protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all
persons equal and effective protection against discrimination on any ground such as race, colour,
sex, language, religion, political or other opinion, national or social origin, property, birth or other
status.

Article 27

In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such
minorities shall not be denied the right, in community with the other members of their group, to
enjoy their own culture, to profess and practise their own religion, or to use their own language.

PART IV

Article 28

1. There shall be established a Human Rights Committee (hereafter referred to in the present
Covenant as the Committee). It shall consist of eighteen members and shall carry out the functions
hereinafter provided.

2. The Committee shall be composed of nationals of the States Parties to the present Covenant who
shall be persons of high moral character and recognized competence in the field of human rights,
consideration being given to the usefulness of the participation of some persons having legal
experience.

3. The members of the Committee shall be elected and shall serve in their personal capacity.

Article 29

1. The members of the Committee shall be elected by secret ballot from a list of persons possessing
the qualifications prescribed in article 28 and nominated for the purpose by the States Parties to the
present Covenant.
2. Each State Party to the present Covenant may nominate not more than two persons. These
persons shall be nationals of the nominating State.

3. A person shall be eligible for renomination.

Article 30

1. The initial election shall be held no later than six months after the date of the entry into force of
the present Covenant.

2. At least four months before the date of each election to the Committee, other than an election to
fill a vacancy declared in accordance with article 34, the Secretary-General of the United Nations
shall address a written invitation to the States Parties to the present Covenant to submit their
nominations for membership of the Committee within three months.

3. The Secretary-General of the United Nations shall prepare a list in alphabetical order of all the
persons thus nominated, with an indication of the States Parties which have nominated them, and
shall submit it to the States Parties to the present Covenant no later than one month before the date
of each election.

4. Elections of the members of the Committee shall be held at a meeting of the States Parties to the
present Covenant convened by the Secretary General of the United Nations at the Headquarters of
the United Nations. At that meeting, for which two thirds of the States Parties to the present
Covenant shall constitute a quorum, the persons elected to the Committee shall be those nominees
who obtain the largest number of votes and an absolute majority of the votes of the representatives
of States Parties present and voting.

Article 31

1. The Committee may not include more than one national of the same State.
2. In the election of the Committee, consideration shall be given to equitable geographical
distribution of membership and to the representation of the different forms of civilization and of the
principal legal systems.

Article 32

1. The members of the Committee shall be elected for a term of four years. They shall be eligible for
re-election if renominated. However, the terms of nine of the members elected at the first election
shall expire at the end of two years; immediately after the first election, the names of these nine
members shall be chosen by lot by the Chairman of the meeting referred to in article 30, paragraph
4. 2. Elections at the expiry of office shall be held in accordance with the preceding articles of this
part of the present Covenant.

Article 33

1. If, in the unanimous opinion of the other members, a member of the Committee has ceased to
carry out his functions for any cause other than absence of a temporary character, the Chairman of
the Committee shall notify the Secretary-General of the United Nations, who shall then declare the
seat of that member to be vacant.

2. In the event of the death or the resignation of a member of the Committee, the Chairman shall
immediately notify the Secretary-General of the United Nations, who shall declare the seat vacant
from the date of death or the date on which the resignation takes effect.

Article 34

1. When a vacancy is declared in accordance with article 33 and if the term of office of the member
to be replaced does not expire within six months of the declaration of the vacancy, the Secretary-
General of the United Nations shall notify each of the States Parties to the present Covenant, which
may within two months submit nominations in accordance with article 29 for the purpose of filling
the vacancy.

2. The Secretary-General of the United Nations shall prepare a list in alphabetical order of the
persons thus nominated and shall submit it to the States Parties to the present Covenant. The
election to fill the vacancy shall then take place in accordance with the relevant provisions of this
part of the present Covenant.

3. A member of the Committee elected to fill a vacancy declared in accordance with article 33 shall
hold office for the remainder of the term of the member who vacated the seat on the Committee
under the provisions of that article.

Article 35

The members of the Committee shall, with the approval of the General Assembly of the United
Nations, receive emoluments from United Nations resources on such terms and conditions as the
General Assembly may decide, having regard to the importance of the Committee's responsibilities.

Article 36

The Secretary-General of the United Nations shall provide the necessary staff and facilities for the
effective performance of the functions of the Committee under the present Covenant.

Article 37

1. The Secretary-General of the United Nations shall convene the initial meeting of the Committee at
the Headquarters of the United Nations.

2. After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of
procedure.

3. The Committee shall normally meet at the Headquarters of the United Nations or at the United
Nations Office at Geneva.

Article 38
Every member of the Committee shall, before taking up his duties, make a solemn declaration in
open committee that he will perform his functions impartially and conscientiously.

Article 39

1. The Committee shall elect its officers for a term of two years. They may be re-elected.

2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia,
that:

(a) Twelve members shall constitute a quorum;

(b) Decisions of the Committee shall be made by a majority vote of the members present.

Article 40

1. The States Parties to the present Covenant undertake to submit reports on the measures they
have adopted which give effect to the rights recognized herein and on the progress made in the
enjoyment of those rights: (a) Within one year of the entry into force of the present Covenant for the
States Parties concerned;

(b) Thereafter whenever the Committee so requests.

2. All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit
them to the Committee for consideration. Reports shall indicate the factors and difficulties, if any,
affecting the implementation of the present Covenant.

3. The Secretary-General of the United Nations may, after consultation with the Committee, transmit
to the specialized agencies concerned copies of such parts of the reports as may fall within their field
of competence.
4. The Committee shall study the reports submitted by the States Parties to the present Covenant. It
shall transmit its reports, and such general comments as it may consider appropriate, to the States
Parties. The Committee may also transmit to the Economic and Social Council these comments along
with the copies of the reports it has received from States Parties to the present Covenant.

5. The States Parties to the present Covenant may submit to the Committee observations on any
comments that may be made in accordance with paragraph 4 of this article.

Article 41

1. A State Party to the present Covenant may at any time declare under this article that it recognizes
the competence of the Committee to receive and consider communications to the effect that a State
Party claims that another State Party is not fulfilling its obligations under the present Covenant.
Communications under this article may be received and considered only if submitted by a State Party
which has made a declaration recognizing in regard to itself the competence of the Committee. No
communication shall be received by the Committee if it concerns a State Party which has not made
such a declaration. Communications received under this article shall be dealt with in accordance with
the following procedure:

(a) If a State Party to the present Covenant considers that another State Party is not giving effect to
the provisions of the present Covenant, it may, by written communication, bring the matter to the
attention of that State Party. Within three months after the receipt of the communication the
receiving State shall afford the State which sent the communication an explanation, or any other
statement in writing clarifying the matter which should include, to the extent possible and pertinent,
reference to domestic procedures and remedies taken, pending, or available in the matter;

(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months
after the receipt by the receiving State of the initial communication, either State shall have the right
to refer the matter to the Committee, by notice given to the Committee and to the other State;

(c) The Committee shall deal with a matter referred to it only after it has ascertained that all available
domestic remedies have been invoked and exhausted in the matter, in conformity with the generally
recognized principles of international law. This shall not be the rule where the application of the
remedies is unreasonably prolonged;

(d) The Committee shall hold closed meetings when examining communications under this article;
(e) Subject to the provisions of subparagraph (c), the Committee shall make available its good offices
to the States Parties concerned with a view to a friendly solution of the matter on the basis of
respect for human rights and fundamental freedoms as recognized in the present Covenant;

(f) In any matter referred to it, the Committee may call upon the States Parties concerned, referred
to in subparagraph (b), to supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be
represented when the matter is being considered in the Committee and to make submissions orally
and/or in writing;

(h) The Committee shall, within twelve months after the date of receipt of notice under
subparagraph (b), submit a report:

(i) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its
report to a brief statement of the facts and of the solution reached;

(ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its
report to a brief statement of the facts; the written submissions and record of the oral submissions
made by the States Parties concerned shall be attached to the report. In every matter, the report
shall be communicated to the States Parties concerned.

2. The provisions of this article shall come into force when ten States Parties to the present Covenant
have made declarations under paragraph I of this article. Such declarations shall be deposited by the
States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to
the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-
General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject
of a communication already transmitted under this article; no further communication by any State
Party shall be received after the notification of withdrawal of the declaration has been received by
the Secretary-General, unless the State Party concerned has made a new declaration.

Article 42
1.

(a) If a matter referred to the Committee in accordance with article 41 is not resolved to the
satisfaction of the States Parties concerned, the Committee may, with the prior consent of the States
Parties concerned, appoint an ad hoc Conciliation Commission (hereinafter referred to as the
Commission). The good offices of the Commission shall be made available to the States Parties
concerned with a view to an amicable solution of the matter on the basis of respect for the present
Covenant;

(b) The Commission shall consist of five persons acceptable to the States Parties concerned. If the
States Parties concerned fail to reach agreement within three months on all or part of the
composition of the Commission, the members of the Commission concerning whom no agreement
has been reached shall be elected by secret ballot by a two-thirds majority vote of the Committee
from among its members.

2. The members of the Commission shall serve in their personal capacity. They shall not be nationals
of the States Parties concerned, or of a State not Party to the present Covenant, or of a State Party
which has not made a declaration under article 41.

3. The Commission shall elect its own Chairman and adopt its own rules of procedure.

4. The meetings of the Commission shall normally be held at the Headquarters of the United Nations
or at the United Nations Office at Geneva. However, they may be held at such other convenient
places as the Commission may determine in consultation with the Secretary-General of the United
Nations and the States Parties concerned.

5. The secretariat provided in accordance with article 36 shall also service the commissions
appointed under this article.

6. The information received and collated by the Committee shall be made available to the
Commission and the Commission may call upon the States Parties concerned to supply any other
relevant information.
7. When the Commission has fully considered the matter, but in any event not later than twelve
months after having been seized of the matter, it shall submit to the Chairman of the Committee a
report for communication to the States Parties concerned:

(a) If the Commission is unable to complete its consideration of the matter within twelve months, it
shall confine its report to a brief statement of the status of its consideration of the matter;

(b) If an amicable solution to the matter on tie basis of respect for human rights as recognized in the
present Covenant is reached, the Commission shall confine its report to a brief statement of the facts
and of the solution reached;

(c) If a solution within the terms of subparagraph (b) is not reached, the Commission's report shall
embody its findings on all questions of fact relevant to the issues between the States Parties
concerned, and its views on the possibilities of an amicable solution of the matter. This report shall
also contain the written submissions and a record of the oral submissions made by the States Parties
concerned;

(d) If the Commission's report is submitted under subparagraph (c), the States Parties concerned
shall, within three months of the receipt of the report, notify the Chairman of the Committee
whether or not they accept the contents of the report of the Commission.

8. The provisions of this article are without prejudice to the responsibilities of the Committee under
article 41.

9. The States Parties concerned shall share equally all the expenses of the members of the
Commission in accordance with estimates to be provided by the Secretary-General of the United
Nations.

10. The Secretary-General of the United Nations shall be empowered to pay the expenses of the
members of the Commission, if necessary, before reimbursement by the States Parties concerned, in
accordance with paragraph 9 of this article.

Article 43
The members of the Committee, and of the ad hoc conciliation commissions which may be appointed
under article 42, shall be entitled to the facilities, privileges and immunities of experts on mission for
the United Nations as laid down in the relevant sections of the Convention on the Privileges and
Immunities of the United Nations.

Article 44

The provisions for the implementation of the present Covenant shall apply without prejudice to the
procedures prescribed in the field of human rights by or under the constituent instruments and the
conventions of the United Nations and of the specialized agencies and shall not prevent the States
Parties to the present Covenant from having recourse to other procedures for settling a dispute in
accordance with general or special international agreements in force between them.

Article 45

The Committee shall submit to the General Assembly of the United Nations, through the Economic
and Social Council, an annual report on its activities.

PART V

Article 46

Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the
United Nations and of the constitutions of the specialized agencies which define the respective
responsibilities of the various organs of the United Nations and of the specialized agencies in regard
to the matters dealt with in the present Covenant.

Article 47

Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to
enjoy and utilize fully and freely their natural wealth and resources.
PART VI

Article 48

1. The present Covenant is open for signature by any State Member of the United Nations or
member of any of its specialized agencies, by any State Party to the Statute of the International Court
of Justice, and by any other State which has been invited by the General Assembly of the United
Nations to become a Party to the present Covenant.

2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with
the Secretary-General of the United Nations.

3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this
article.

4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-
General of the United Nations.

5. The Secretary-General of the United Nations shall inform all States which have signed this
Covenant or acceded to it of the deposit of each instrument of ratification or accession.

Article 49

1. The present Covenant shall enter into force three months after the date of the deposit with the
Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of
accession.

2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth
instrument of ratification or instrument of accession, the present Covenant shall enter into force
three months after the date of the deposit of its own instrument of ratification or instrument of
accession.
Article 50

The provisions of the present Covenant shall extend to all parts of federal States without any
limitations or exceptions.

Article 51

1. Any State Party to the present Covenant may propose an amendment and file it with the
Secretary-General of the United Nations. The Secretary-General of the United Nations shall
thereupon communicate any proposed amendments to the States Parties to the present Covenant
with a request that they notify him whether they favour a conference of States Parties for the
purpose of considering and voting upon the proposals. In the event that at least one third of the
States Parties favours such a conference, the Secretary-General shall convene the conference under
the auspices of the United Nations. Any amendment adopted by a majority of the States Parties
present and voting at the conference shall be submitted to the General Assembly of the United
Nations for approval.

2. Amendments shall come into force when they have been approved by the General Assembly of the
United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant
in accordance with their respective constitutional processes. 3. When amendments come into force,
they shall be binding on those States Parties which have accepted them, other States Parties still
being bound by the provisions of the present Covenant and any earlier amendment which they have
accepted.

Article 52

1. Irrespective of the notifications made under article 48, paragraph 5, the Secretary-General of the
United Nations shall inform all States referred to in paragraph I of the same article of the following
particulars:

(a) Signatures, ratifications and accessions under article 48;

(b) The date of the entry into force of the present Covenant under article 49 and the date of the
entry into force of any amendments under article 51.
Article 53

1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally
authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of the present
Covenant to all States referred to in article 48.
 International Covenant on Economic, Social and Cultural Rights

Adopted and opened for signature, ratification and accession by General Assembly
resolution 2200A (XXI)
of 16 December 1966

entry into force 3 January 1976, in accordance with article 27

Preamble

The States Parties to the present Covenant,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations,
recognition of the inherent dignity and of the equal and inalienable rights of all members of the human
family is the foundation of freedom, justice and peace in the world,

Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free
human beings enjoying freedom from fear and want can only be achieved if conditions are created
whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political
rights,

Considering the obligation of States under the Charter of the United Nations to promote universal
respect for, and observance of, human rights and freedoms,

Realizing that the individual, having duties to other individuals and to the community to which he
belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in
the present Covenant,

Agree upon the following articles:

PART I

Article 1

1. All peoples have the right of self-determination. By virtue of that right they freely determine their
political status and freely pursue their economic, social and cultural development.

2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without
prejudice to any obligations arising out of international economic co-operation, based upon the
principle of mutual benefit, and international law. In no case may a people be deprived of its own
means of subsistence.

3. The States Parties to the present Covenant, including those having responsibility for the
administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of
self-determination, and shall respect that right, in conformity with the provisions of the Charter of the
United Nations.

PART II

Article 2
 2

1. Each State Party to the present Covenant undertakes to take steps, individually and through
international assistance and co-operation, especially economic and technical, to the maximum of its
available resources, with a view to achieving progressively the full realization of the rights recognized
in the present Covenant by all appropriate means, including particularly the adoption of legislative
measures.

2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the
present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status.

3. Developing countries, with due regard to human rights and their national economy, may determine
to what extent they would guarantee the economic rights recognized in the present Covenant to non-
nationals.

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to
the enjoyment of all economic, social and cultural rights set forth in the present Covenant.

Article 4

The States Parties to the present Covenant recognize that, in the enjoyment of those rights provided
by the State in conformity with the present Covenant, the State may subject such rights only to such
limitations as are determined by law only in so far as this may be compatible with the nature of these
rights and solely for the purpose of promoting the general welfare in a democratic society.

Article 5

1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any
right to engage in any activity or to perform any act aimed at the destruction of any of the rights or
freedoms recognized herein, or at their limitation to a greater extent than is provided for in the
present Covenant.

2. No restriction upon or derogation from any of the fundamental human rights recognized or existing
in any country in virtue of law, conventions, regulations or custom shall be admitted on the pretext
that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

PART III

Article 6

1. The States Parties to the present Covenant recognize the right to work, which includes the right of
everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take
appropriate steps to safeguard this right.

2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this
right shall include technical and vocational guidance and training programmes, policies and techniques
to achieve steady economic, social and cultural development and full and productive employment
under conditions safeguarding fundamental political and economic freedoms to the individual.

Article 7

The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just
and favourable conditions of work which ensure, in particular:

(a) Remuneration which provides all workers, as a minimum, with:

 3

(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in
particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal
pay for equal work;

(ii) A decent living for themselves and their families in accordance with the provisions of the present
Covenant;

(b) Safe and healthy working conditions; (c) Equal opportunity for everyone to be promoted in his
employment to an appropriate higher level, subject to no considerations other than those of seniority
and competence;

(d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as
remuneration for public holidays

Article 8

1. The States Parties to the present Covenant undertake to ensure:

(a) The right of everyone to form trade unions and join the trade union of his choice, subject only to
the rules of the organization concerned, for the promotion and protection of his economic and social
interests. No restrictions may be placed on the exercise of this right other than those prescribed by law
and which are necessary in a democratic society in the interests of national security or public order or
for the protection of the rights and freedoms of others;

(b) The right of trade unions to establish national federations or confederations and the right of the
latter to form or join international trade-union organizations;

(c) The right of trade unions to function freely subject to no limitations other than those prescribed by
law and which are necessary in a democratic society in the interests of national security or public order
or for the protection of the rights and freedoms of others;

(d) The right to strike, provided that it is exercised in conformity with the laws of the particular
country.

2. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by
members of the armed forces or of the police or of the administration of the State. 3. Nothing in this
article shall authorize States Parties to the International Labour Organisation Convention of 1948
concerning Freedom of Association and Protection of the Right to Organize to take legislative measures
which would prejudice, or apply the law in such a manner as would prejudice, the guarantees provided
for in that Convention.

Article 9

The States Parties to the present Covenant recognize the right of everyone to social security, including
social insurance.

Article 10

The States Parties to the present Covenant recognize that:

1. The widest possible protection and assistance should be accorded to the family, which is the natural
and fundamental group unit of society, particularly for its establishment and while it is responsible for
the care and education of dependent children. Marriage must be entered into with the free consent of
the intending spouses.

2. Special protection should be accorded to mothers during a reasonable period before and after
childbirth. During such period working mothers should be accorded paid leave or leave with adequate
social security benefits.
 4

3. Special measures of protection and assistance should be taken on behalf of all children and young
persons without any discrimination for reasons of parentage or other conditions. Children and young
persons should be protected from economic and social exploitation. Their employment in work harmful
to their morals or health or dangerous to life or likely to hamper their normal development should be
punishable by law. States should also set age limits below which the paid employment of child labour
should be prohibited and punishable by law.

Article 11

1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard
of living for himself and his family, including adequate food, clothing and housing, and to the
continuous improvement of living conditions. The States Parties will take appropriate steps to ensure
the realization of this right, recognizing to this effect the essential importance of international co-
operation based on free consent.

2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be
free from hunger, shall take, individually and through international co-operation, the measures,
including specific programmes, which are needed:

(a) To improve methods of production, conservation and distribution of food by making full use of
technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by
developing or reforming agrarian systems in such a way as to achieve the most efficient development
and utilization of natural resources;

(b) Taking into account the problems of both food-importing and food-exporting countries, to ensure
an equitable distribution of world food supplies in relation to need.

Article 12

1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health.

2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of
this right shall include those necessary for:

(a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy
development of the child;

(b) The improvement of all aspects of environmental and industrial hygiene;

(c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases;

(d) The creation of conditions which would assure to all medical service and medical attention in the
event of sickness.

Article 13

1. The States Parties to the present Covenant recognize the right of everyone to education. They agree
that education shall be directed to the full development of the human personality and the sense of its
dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further
agree that education shall enable all persons to participate effectively in a free society, promote
understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and
further the activities of the United Nations for the maintenance of peace.

2. The States Parties to the present Covenant recognize that, with a view to achieving the full
realization of this right:

(a) Primary education shall be compulsory and available free to all;

 5

(b) Secondary education in its different forms, including technical and vocational secondary education,
shall be made generally available and accessible to all by every appropriate means, and in particular
by the progressive introduction of free education;

(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every
appropriate means, and in particular by the progressive introduction of free education;

(d) Fundamental education shall be encouraged or intensified as far as possible for those persons who
have not received or completed the whole period of their primary education;

(e) The development of a system of schools at all levels shall be actively pursued, an adequate
fellowship system shall be established, and the material conditions of teaching staff shall be
continuously improved.

3. The States Parties to the present Covenant undertake to have respect for the liberty of parents and,
when applicable, legal guardians to choose for their children schools, other than those established by
the public authorities, which conform to such minimum educational standards as may be laid down or
approved by the State and to ensure the religious and moral education of their children in conformity
with their own convictions.

4. No part of this article shall be construed so as to interfere with the liberty of individuals and bodies
to establish and direct educational institutions, subject always to the observance of the principles set
forth in paragraph I of this article and to the requirement that the education given in such institutions
shall conform to such minimum standards as may be laid down by the State.

Article 14

Each State Party to the present Covenant which, at the time of becoming a Party, has not been able to
secure in its metropolitan territory or other territories under its jurisdiction compulsory primary
education, free of charge, undertakes, within two years, to work out and adopt a detailed plan of
action for the progressive implementation, within a reasonable number of years, to be fixed in the
plan, of the principle of compulsory education free of charge for all.

Article 15

1. The States Parties to the present Covenant recognize the right of everyone:

(a) To take part in cultural life;

(b) To enjoy the benefits of scientific progress and its applications;

(c) To benefit from the protection of the moral and material interests resulting from any scientific,
literary or artistic production of which he is the author.

2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of
this right shall include those necessary for the conservation, the development and the diffusion of
science and culture. 3. The States Parties to the present Covenant undertake to respect the freedom
indispensable for scientific research and creative activity.

4. The States Parties to the present Covenant recognize the benefits to be derived from the
encouragement and development of international contacts and co-operation in the scientific and
cultural fields.

PART IV

Article 16
 6

1. The States Parties to the present Covenant undertake to submit in conformity with this part of the
Covenant reports on the measures which they have adopted and the progress made in achieving the
observance of the rights recognized herein.

2.

(a) All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit
copies to the Economic and Social Council for consideration in accordance with the provisions of the
present Covenant;

(b) The Secretary-General of the United Nations shall also transmit to the specialized agencies copies
of the reports, or any relevant parts therefrom, from States Parties to the present Covenant which are
also members of these specialized agencies in so far as these reports, or parts therefrom, relate to any
matters which fall within the responsibilities of the said agencies in accordance with their constitutional
instruments.

Article 17

1. The States Parties to the present Covenant shall furnish their reports in stages, in accordance with a
programme to be established by the Economic and Social Council within one year of the entry into
force of the present Covenant after consultation with the States Parties and the specialized agencies
concerned.

2. Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations under
the present Covenant.

3. Where relevant information has previously been furnished to the United Nations or to any
specialized agency by any State Party to the present Covenant, it will not be necessary to reproduce
that information, but a precise reference to the information so furnished will suffice.

Article 18

Pursuant to its responsibilities under the Charter of the United Nations in the field of human rights and
fundamental freedoms, the Economic and Social Council may make arrangements with the specialized
agencies in respect of their reporting to it on the progress made in achieving the observance of the
provisions of the present Covenant falling within the scope of their activities. These reports may
include particulars of decisions and recommendations on such implementation adopted by their
competent organs.

Article 19

The Economic and Social Council may transmit to the Commission on Human Rights for study and
general recommendation or, as appropriate, for information the reports concerning human rights
submitted by States in accordance with articles 16 and 17, and those concerning human rights
submitted by the specialized agencies in accordance with article 18.

Article 20

The States Parties to the present Covenant and the specialized agencies concerned may submit
comments to the Economic and Social Council on any general recommendation under article 19 or
reference to such general recommendation in any report of the Commission on Human Rights or any
documentation referred to therein.

Article 21

The Economic and Social Council may submit from time to time to the General Assembly reports with
recommendations of a general nature and a summary of the information received from the States
Parties to the present Covenant and the specialized agencies on the measures taken and the progress
made in achieving general observance of the rights recognized in the present Covenant.
 7

Article 22

The Economic and Social Council may bring to the attention of other organs of the United Nations,
their subsidiary organs and specialized agencies concerned with furnishing technical assistance any
matters arising out of the reports referred to in this part of the present Covenant which may assist
such bodies in deciding, each within its field of competence, on the advisability of international
measures likely to contribute to the effective progressive implementation of the present Covenant.

Article 23

The States Parties to the present Covenant agree that international action for the achievement of the
rights recognized in the present Covenant includes such methods as the conclusion of conventions, the
adoption of recommendations, the furnishing of technical assistance and the holding of regional
meetings and technical meetings for the purpose of consultation and study organized in conjunction
with the Governments concerned.

Article 24

Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the
United Nations and of the constitutions of the specialized agencies which define the respective
responsibilities of the various organs of the United Nations and of the specialized agencies in regard to
the matters dealt with in the present Covenant.

Article 25

Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to
enjoy and utilize fully and freely their natural wealth and resources.

PART V

Article 26

1. The present Covenant is open for signature by any State Member of the United Nations or member
of any of its specialized agencies, by any State Party to the Statute of the International Court of
Justice, and by any other State which has been invited by the General Assembly of the United Nations
to become a party to the present Covenant.

2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with
the Secretary-General of the United Nations.

3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this
article.

4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General
of the United Nations.

5. The Secretary-General of the United Nations shall inform all States which have signed the present
Covenant or acceded to it of the deposit of each instrument of ratification or accession.

Article 27

1. The present Covenant shall enter into force three months after the date of the deposit with the
Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of
accession.
 8

2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth
instrument of ratification or instrument of accession, the present Covenant shall enter into force three
months after the date of the deposit of its own instrument of ratification or instrument of accession.

Article 28

The provisions of the present Covenant shall extend to all parts of federal States without any
limitations or exceptions.

Article 29

1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary-
General of the United Nations. The Secretary-General shall thereupon communicate any proposed
amendments to the States Parties to the present Covenant with a request that they notify him whether
they favour a conference of States Parties for the purpose of considering and voting upon the
proposals. In the event that at least one third of the States Parties favours such a conference, the
Secretary-General shall convene the conference under the auspices of the United Nations. Any
amendment adopted by a majority of the States Parties present and voting at the conference shall be
submitted to the General Assembly of the United Nations for approval.

2. Amendments shall come into force when they have been approved by the General Assembly of the
United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in
accordance with their respective constitutional processes.

3. When amendments come into force they shall be binding on those States Parties which have
accepted them, other States Parties still being bound by the provisions of the present Covenant and
any earlier amendment which they have accepted.

Article 30

Irrespective of the notifications made under article 26, paragraph 5, the Secretary-General of the
United Nations shall inform all States referred to in paragraph I of the same article of the following
particulars:

(a) Signatures, ratifications and accessions under article 26;

(b) The date of the entry into force of the present Covenant under article 27 and the date of the entry
into force of any amendments under article 29.

Article 31

1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally
authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of the present Covenant
to all States referred to in article 26.
 International Convention on the Elimination of All Forms of Racial Discrimination

Adopted and opened for signature and ratification by General Assembly resolution 2106
(XX) of 21 December 1965

entry into force 4 January 1969, in accordance with Article 19

The States Parties to this Convention,

Considering that the Charter of the United Nations is based on the principles of the dignity and equality
inherent in all human beings, and that all Member States have pledged themselves to take joint and
separate action, in co-operation with the Organization, for the achievement of one of the purposes of
the United Nations which is to promote and encourage universal respect for and observance of human
rights and fundamental freedoms for all, without distinction as to race, sex, language or religion,
Considering that the Universal Declaration of Human Rights proclaims that all human beings are born
free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out
therein, without distinction of any kind, in particular as to race, colour or national origin,

Considering that all human beings are equal before the law and are entitled to equal protection of the
law against any discrimination and against any incitement to discrimination,

Considering that the United Nations has condemned colonialism and all practices of segregation and
discrimination associated therewith, in whatever form and wherever they exist, and that the
Declaration on the Granting of Independence to Colonial Countries and Peoples of 14 December 1960
(General Assembly resolution 1514 (XV)) has affirmed and solemnly proclaimed the necessity of
bringing them to a speedy and unconditional end,

Considering that the United Nations Declaration on the Elimination of All Forms of Racial Discrimination
of 20 November 1963 (General Assembly resolution 1904 (XVIII)) solemnly affirms the necessity of
speedily eliminating racial discrimination throughout the world in all its forms and manifestations and
of securing understanding of and respect for the dignity of the human person,

Convinced that any doctrine of superiority based on racial differentiation is scientifically false, morally
condemnable, socially unjust and dangerous, and that there is no justification for racial discrimination,
in theory or in practice, anywhere,

Reaffirming that discrimination between human beings on the grounds of race, colour or ethnic origin
is an obstacle to friendly and peaceful relations among nations and is capable of disturbing peace and
security among peoples and the harmony of persons living side by side even within one and the same
State,

Convinced that the existence of racial barriers is repugnant to the ideals of any human society,

Alarmed by manifestations of racial discrimination still in evidence in some areas of the world and by
governmental policies based on racial superiority or hatred, such as policies of apartheid, segregation
or separation,

Resolved to adopt all necessary measures for speedily eliminating racial discrimination in all its forms
and manifestations, and to prevent and combat racist doctrines and practices in order to promote
understanding between races and to build an international community free from all forms of racial
segregation and racial discrimination,

Bearing in mind the Convention concerning Discrimination in respect of Employment and Occupation
adopted by the International Labour Organisation in 1958, and the Convention against Discrimination
in Education adopted by the United Nations Educational, Scientific and Cultural Organization in 1960,
 2

Desiring to implement the principles embodied in the United Nations Declaration on the Elimination of
Al l Forms of Racial Discrimination and to secure the earliest adoption of practical measures to that
end,

Have agreed as follows:

PART I

Article 1

1. In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction
or preference based on race, colour, descent, or national or ethnic origin which has the purpose or
effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human
rights and fundamental freedoms in the political, economic, social, cultural or any other field of public
life.

2. This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a
State Party to this Convention between citizens and non-citizens.

3. Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States
Parties concerning nationality, citizenship or naturalization, provided that such provisions do not
discriminate against any particular nationality.

4. Special measures taken for the sole purpose of securing adequate advancement of certain racial or
ethnic groups or individuals requiring such protection as may be necessary in order to ensure such
groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not
be deemed racial discrimination, provided, however, that such measures do not, as a consequence,
lead to the maintenance of separate rights for different racial groups and that they shall not be
continued after the objectives for which they were taken have been achieved.

Article 2

1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and
without delay a policy of eliminating racial discrimination in all its forms and promoting understanding
among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of
racial discrimination against persons, groups of persons or institutions and to en sure that all public
authorities and public institutions, national and local, shall act in conformity with this obligation; (b)
Each State Party undertakes not to sponsor, defend or support racial discrimination by any persons or
organizations;

(c) Each State Party shall take effective measures to review governmental, national and local policies,
and to amend, rescind or nullify any laws and regulations which have the effect of creating or
perpetuating racial discrimination wherever it exists;

(d) Each State Party shall prohibit and bring to an end, by all appropriate means, including legislation
as required by circumstances, racial discrimination by any persons, group or organization;

(e) Each State Party undertakes to encourage, where appropriate, integrationist multiracial
organizations and movements and other means of eliminating barriers between races, and to
discourage anything which tends to strengthen racial division.

2. States Parties shall, when the circumstances so warrant, take, in the social, economic, cultural and
other fields, special and concrete measures to ensure the adequate development and protection of
certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full
and equal enjoyment of human rights and fundamental freedoms. These measures shall in no case en
tail as a con sequence the maintenance of unequal or separate rights for different racial groups after
the objectives for which they were taken have been achieved.
 3

Article 3

States Parties particularly condemn racial segregation and apartheid and undertake to prevent,
prohibit and eradicate all practices of this nature in territories under their jurisdiction.

Article 4

States Parties condemn all propaganda and all organizations which are based on ideas or theories of
superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or
promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive
measures designed to eradicate all incitement to, or acts of, such discrimination and, to this end, with
due regard to the principles embodied in the Universal Declaration of Human Rights and the rights
expressly set forth in article 5 of this Convention, inter alia:

(a) Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or
hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts
against any race or group of persons of another colour or ethnic origin, and also the provision of any
assistance to racist activities, including the financing thereof;

(b) Shall declare illegal and prohibit organizations, and also organized and all other propaganda
activities, which promote and incite racial discrimination, and shall recognize participation in such
organizations or activities as an offence punishable by law;

(c) Shall not permit public authorities or public institutions, national or local, to promote or incite racial
discrimination.

Article 5

In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties
undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of
everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law,
notably in the enjoyment of the following rights:

(a) The right to equal treatment before the tribunals and all other organs administering justice;

(b) The right to security of person and protection by the State against violence or bodily harm,
whether inflicted by government officials or by any individual group or institution;

(c) Political rights, in particular the right to participate in elections-to vote and to stand for election-on
the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of
public affairs at any level and to have equal access to public service;

(d) Other civil rights, in particular:

(i) The right to freedom of movement and residence within the border of the State;

(ii) The right to leave any country, including one's own, and to return to one's country;

(iii) The right to nationality;

(iv) The right to marriage and choice of spouse;

(v) The right to own property alone as well as in association with others;

(vi) The right to inherit;

(vii) The right to freedom of thought, conscience and religion;

 4

(viii) The right to freedom of opinion and expression;

(ix) The right to freedom of peaceful assembly and association;

(e) Economic, social and cultural rights, in particular:

(i) The rights to work, to free choice of employment, to just and favourable conditions of work, to
protection against unemployment, to equal pay for equal work, to just and favourable remuneration;

(ii) The right to form and join trade unions;

(iii) The right to housing;

(iv) The right to public health, medical care, social security and social services;

(v) The right to education and training;

(vi) The right to equal participation in cultural activities;

(f) The right of access to any place or service intended for use by the general public, such as transport
hotels, restaurants, cafes, theatres and parks.

Article 6

States Parties shall assure to everyone within their jurisdiction effective protection and remedies,
through the competent national tribunals and other State institutions, against any acts of racial
discrimination which violate his human rights and fundamental freedoms contrary to this Convention,
as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any
damage suffered as a result of such discrimination.

Article 7

States Parties undertake to adopt immediate and effective measures, particularly in the fields of
teaching, education, culture and information, with a view to combating prejudices which lead to racial
discrimination and to promoting understanding, tolerance and friendship among nations and racial or
ethnical groups, as well as to propagating the purposes and principles of the Charter of the United
Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination
of All Forms of Racial Discrimination, and this Convention.

PART II

Article 8

1. There shall be established a Committee on the Elimination of Racial Discrimination (hereinafter

referred to as the Committee) consisting of eighteen experts of high moral standing and acknowledged
impartiality elected by States Parties from among their nationals, who shall serve in their personal
capacity, consideration being given to equitable geographical distribution and to the representation of
the different forms of civilization as well as of the principal legal systems. 2. The members of the
Committee shall be elected by secret ballot from a list of persons nominated by the States Parties.
Each State Party may nominate one person from among its own nationals.

3. The initial election shall be held six months after the date of the entry into force of this Convention.
At least three months before the date of each election the Secretary-General of the United Nations
shall address a letter to the States Parties inviting them to submit their nominations within two
months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated,
indicating the States Parties which have nominated them, and shall submit it to the States Parties.
 5

4. Elections of the members of the Committee shall be held at a meeting of States Parties convened by
the Secretary-General at United Nations Headquarters. At that meeting, for which two thirds of the
States Parties shall constitute a quorum, the persons elected to the Committee shall be nominees who
obtain the largest number of votes and an absolute majority of the votes of the representatives of
States Parties present and voting.

5.

(a) The members of the Committee shall be elected for a term of four years. However, the terms of
nine of the members elected at the first election shall expire at the end of two years; immediately after
the first election the names of these nine members shall be chosen by lot by the Chairman of the
Committee;

(b) For the filling of casual vacancies, the State Party whose expert has ceased to function as a
member of the Committee shall appoint another expert from among its nationals, subject to the
approval of the Committee.

6. States Parties shall be responsible for the expenses of the members of the Committee while they
are in performance of Committee duties.

Article 9

1. States Parties undertake to submit to the Secretary-General of the United Nations, for consideration
by the Committee, a report on the legislative, judicial, administrative or other measures which they
have adopted and which give effect to the provisions of this Convention: (a) within one year after the
entry into force of the Convention for the State concerned; and

(b) thereafter every two years and whenever the Committee so requests. The Committee may request
further information from the States Parties.

2. The Committee shall report annually, through the Secretary General, to the General Assembly of the
United Nations on its activities and may make suggestions and general recommendations based on the
examination of the reports and information received from the States Parties. Such suggestions and
general recommendations shall be reported to the General Assembly together with comments, if any,
from States Parties.

Article 10

1. The Committee shall adopt its own rules of procedure. 2. The Committee shall elect its officers for a
term of two years.

3. The secretariat of the Committee shall be provided by the Secretary General of the United Nations.

4. The meetings of the Committee shall normally be held at United Nations Headquarters.

Article 11

1. If a State Party considers that another State Party is not giving effect to the provisions of this
Convention, it may bring the matter to the attention of the Committee. The Committee shall then
transmit the communication to the State Party concerned. Within three months, the receiving State
shall submit to the Committee written explanations or statements clarifying the matter and the
remedy, if any, that may have been taken by that State. 2. If the matter is not adjusted to the
satisfaction of both parties, either by bilateral negotiations or by any other procedure open to them,
within six months after the receipt by the receiving State of the initial communication, either State
shall have the right to refer the matter again to the Committee by notifying the Committee and also
the other State.

3. The Committee shall deal with a matter referred to it in accordance with paragraph 2 of this article
after it has ascertained that all available domestic remedies have been invoked and exhausted in the
 6

case, in conformity with the generally recognized principles of international law. This shall not be the
rule where the application of the remedies is unreasonably prolonged.

4. In any matter referred to it, the Committee may call upon the States Parties concerned to supply
any other relevant information.

5. When any matter arising out of this article is being considered by the Committee, the States Parties
concerned shall be entitled to send a representative to take part in the proceedings of the Committee,
without voting rights, while the matter is under consideration.

Article 12

1. (a) After the Committee has obtained and collated all the information it deems necessary, the
Chairman shall appoint an ad hoc Conciliation Commission (hereinafter referred to as the Commission)
comprising five persons who may or may not be members of the Committee. The members of the
Commission shall be appointed with the unanimous consent of the parties to the dispute, and its good
offices shall be made available to the States concerned with a view to an amicable solution of the
matter on the basis of respect for this Convention; (b) If the States parties to the dispute fail to reach
agreement within three months on all or part of the composition of the Commission, the members of
the Commission not agreed upon by the States parties to the dispute shall be elected by secret ballot
by a two-thirds majority vote of the Committee from among its own members.

2. The members of the Commission shall serve in their personal capacity. They shall not be nationals
of the States parties to the dispute or of a State not Party to this Convention. 3. The Commission shall
elect its own Chairman and adopt its own rules of procedure.

4. The meetings of the Commission shall normally be held at United Nations Headquarters or at any
other convenient place as determined by the Commission.

5. The secretariat provided in accordance with article 10, paragraph 3, of this Convention shall also
service the Commission whenever a dispute among States Parties brings the Commission into being.

6. The States parties to the dispute shall share equally all the expenses of the members of the
Commission in accordance with estimates to be provided by the Secretary-General of the United
Nations.

7. The Secretary-General shall be empowered to pay the expenses of the members of the Commission,
if necessary, before reimbursement by the States parties to the dispute in accordance with paragraph
6 of this article.

8. The information obtained and collated by the Committee shall be made available to the Commission,
and the Commission may call upon the States concerned to supply any other relevant information.

Article 13

1. When the Commission has fully considered the matter, it shall prepare and submit to the Chairman
of the Committee a report embodying its findings on all questions of fact relevant to the issue between
the parties and containing such recommendations as it may think proper for the amicable solution of
the dispute. 2. The Chairman of the Committee shall communicate the report of the Commission to
each of the States parties to the dispute. These States shall, within three months, inform the Chairman
of the Committee whether or not they accept the recommendations contained in the report of the
Commission.

3. After the period provided for in paragraph 2 of this article, the Chairman of the Committee shall
communicate the report of the Commission and the declarations of the States Parties concerned to the
other States Parties to this Convention.

Article 14
 7

1. A State Party may at any time declare that it recognizes the competence of the Committee to
receive and consider communications from individuals or groups of individuals within its jurisdiction
claiming to be victims of a violation by that State Party of any of the rights set forth in this Convention.
No communication shall be received by the Committee if it concerns a State Party which has not made
such a declaration. 2. Any State Party which makes a declaration as provided for in paragraph I of this
article may establish or indicate a body within its national legal order which shall be competent to
receive and consider petitions from individuals and groups of individuals within its jurisdiction who
claim to be victims of a violation of any of the rights set forth in this Convention and who have
exhausted other available local remedies.

3. A declaration made in accordance with paragraph 1 of this article and the name of any body
established or indicated in accordance with paragraph 2 of this article shall be deposited by the State
Party concerned with the Secretary-General of the United Nations, who shall transmit copies thereof to
the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-
General, but such a withdrawal shall not affect communications pending before the Committee.

4. A register of petitions shall be kept by the body established or indicated in accordance with
paragraph 2 of this article, and certified copies of the register shall be filed annually through
appropriate channels with the Secretary-General on the understanding that the contents shall not be
publicly disclosed.

5. In the event of failure to obtain satisfaction from the body established or indicated in accordance
with paragraph 2 of this article, the petitioner shall have the right to communicate the matter to the
Committee within six months.

6.

(a) The Committee shall confidentially bring any communication referred to it to the attention of the
State Party alleged to be violating any provision of this Convention, but the identity of the individual or
groups of individuals concerned shall not be revealed without his or their express consent. The
Committee shall not receive anonymous communications;

(b) Within three months, the receiving State shall submit to the Committee written explanations or
statements clarifying the matter and the remedy, if any, that may have been taken by that State.

7.

(a) The Committee shall consider communications in the light of all information made available to it by
the State Party concerned and by the petitioner. The Committee shall not consider any communication
from a petitioner unless it has ascertained that the petitioner has exhausted all available domestic
remedies. However, this shall not be the rule where the application of the remedies is unreasonably
prolonged;

(b) The Committee shall forward its suggestions and recommendations, if any, to the State Party
concerned and to the petitioner.

8. The Committee shall include in its annual report a summary of such communications and, where
appropriate, a summary of the explanations and statements of the States Parties concerned and of its
own suggestions and recommendations. 9. The Committee shall be competent to exercise the
functions provided for in this article only when at least ten States Parties to this Convention are bound
by declarations in accordance with paragraph I of this article.

Article 15

1 . Pending the achievement of the objectives of the Declaration on the Granting of Independence to
Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV) of 14 December
1960, the provisions of this Convention shall in no way limit the right of petition granted to these
peoples by other international instruments or by the United Nations and its specialized agencies. 2.
 8

(a) The Committee established under article 8, paragraph 1, of this Convention shall receive copies of
the petitions from, and submit expressions of opinion and recommendations on these petitions to, the
bodies of the United Nations which deal with matters directly related to the principles and objectives of
this Convention in their consideration of petitions from the inhabitants of Trust and Non-Self-Governing
Territories and all other territories to which General Assembly resolution 1514 (XV) applies, relating to
matters covered by this Convention which are before these bodies;

(b) The Committee shall receive from the competent bodies of the United Nations copies of the reports
concerning the legislative, judicial, administrative or other measures directly related to the principles
and objectives of this Convention applied by the administering Powers within the Territories mentioned
in subparagraph (a) of this paragraph, and shall express opinions and make recommendations to these
bodies.

3. The Committee shall include in its report to the General Assembly a summary of the petitions and
reports it has received from United Nations bodies, and the expressions of opinion and
recommendations of the Committee relating to the said petitions and reports. 4. The Committee shall
request from the Secretary-General of the United Nations all information relevant to the objectives of
this Convention and available to him regarding the Territories mentioned in paragraph 2 (a) of this
article.

Article 16

The provisions of this Convention concerning the settlement of disputes or complaints shall be applied
without prejudice to other procedures for settling disputes or complaints in the field of discrimination
laid down in the constituent instruments of, or conventions adopted by, the United Nations and its
specialized agencies, and shall not prevent the States Parties from having recourse to other procedures
for settling a dispute in accordance with general or special international agreements in force between
them.

PART III

Article 17

1. This Convention is open for signature by any State Member of the United Nations or member of any
of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and
by any other State which has been invited by the General Assembly of the United Nations to become a
Party to this Convention. 2. This Convention is subject to ratification. Instruments of ratification shall
be deposited with the Secretary-General of the United Nations.

Article 18

1. This Convention shall be open to accession by any State referred to in article 17, paragraph 1, of
the Convention. 2. Accession shall be effected by the deposit of an instrument of accession with the
Secretary-General of the United Nations.

Article 19

1. This Convention shall enter into force on the thirtieth day after the date of the deposit with the
Secretary-General of the United Nations of the twenty-seventh instrument of ratification or instrument
of accession. 2. For each State ratifying this Convention or acceding to it after the deposit of the
twenty-seventh instrument of ratification or instrument of accession, the Convention shall enter into
force on the thirtieth day after the date of the deposit of its own instrument of ratification or
instrument of accession.

Article 20
 9

1. The Secretary-General of the United Nations shall receive and circulate to all States which are or
may become Parties to this Convention reservations made by States at the time of ratification or
accession. Any State which objects to the reservation shall, within a period of ninety days from the
date of the said communication, notify the Secretary-General that it does not accept it. 2. A
reservation incompatible with the object and purpose of this Convention shall not be permitted, nor
shall a reservation the effect of which would inhibit the operation of any of the bodies established by
this Convention be allowed. A reservation shall be considered incompatible or inhibitive if at least two
thirds of the States Parties to this Convention object to it.

3. Reservations may be withdrawn at any time by notification to this effect addressed to the Secretary-
General. Such notification shall take effect on the date on which it is received.

Article 21

A State Party may denounce this Convention by written notification to the Secretary-General of the
United Nations. Denunciation shall take effect one year after the date of receipt of the notification by
the Secretary General.

Article 22

Any dispute between two or more States Parties with respect to the interpretation or application of this
Convention, which is not settled by negotiation or by the procedures expressly provided for in this
Convention, shall, at the request of any of the parties to the dispute, be referred to the International
Court of Justice for decision, unless the disputants agree to another mode of settlement.

Article 23

1. A request for the revision of this Convention may be made at any time by any State Party by means
of a notification in writing addressed to the Secretary-General of the United Nations. 2. The General
Assembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such a
request.

Article 24

The Secretary-General of the United Nations shall inform all States referred to in article 17, paragraph
1, of this Convention of the following particulars:

(a) Signatures, ratifications and accessions under articles 17 and 18;

(b) The date of entry into force of this Convention under article 19;

(c) Communications and declarations received under articles 14, 20 and 23;

(d) Denunciations under article 21.

Article 25

1. This Convention, of which the Chinese, English, French, Russian and Spanish texts are equally
authentic, shall be deposited in the archives of the United Nations. 2. The Secretary-General of the
United Nations shall transmit certified copies of this Convention to all States belonging to any of the
categories mentioned in article 17, paragraph 1, of the Convention.