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$Unique_ID{COW04280}
$Pretitle{001}
$Title{United Nations
Chapter 7. Action to Breaches of the Peace, and Acts of Aggression}
$Subtitle{}
$Author{United Nations Publications}
$Affiliation{United Nations}
$Subject{security
council
article
measures
nations
peace
united
members
international
action}
$Date{1989}
$Log{}
Country: United Nations
Book: Charter of the United Nations
Author: United Nations Publications
Affiliation: United Nations
Date: 1989
Chapter 7. Action to Breaches of the Peace, and Acts of Aggression
Action With Respect to Threats to the Peace, Breaches of the Peace, and Acts of
Aggression
Article 39
The Security Council shall determine the existence of any threat to the
peace, breach of the peace, or act of aggression and shall make
recommendations, or decide what measures shall be taken in accordance with
Articles 41 and 42, to maintain or restore international peace and security.
Article 40
In order to prevent an aggravation of the situation, the Security
Council may, before making the recommendations or deciding upon the measures
provided for in Article 39, call upon the parties concerned to comply with
such provisional measures as it deems necessary or desirable. Such
provisional measures shall be without prejudice to the rights, claims or
position of the parties concerned. The Security Council shall duly take
account of failure to comply with such provisional measures.
Article 41
The Security Council may decide what measures not involving the use of
armed force are to be employed to give effect to its decisions, and it may
call upon the Members of the United Nations to apply such measures. These
may include complete or partial interruption of economic relations and of
rail, sea, air, postal, telegraphic, radio and other means of communication,
and the severance of diplomatic relations.
Article 42
Should the Security Council consider that measures provided for in
Article 41 would be inadequate or have proved to be inadequate, it may take
such action by air, sea or land forces as may be necessary to maintain or
restore international peace and security. Such action may include
demonstrations, blockade, and other operations by air, sea, or land forces
of Members of the United Nations.
Article 43
1. All Members of the United Nations, in order to contribute to the
maintenance of international peace and security, undertake to make available
to the Security Council, on its call and in accordance with a special
agreement or agreements, armed forces, assistance and facilities, including
rights of passage, necessary for the purpose of maintaining international
peace and security.
2. Such agreement or agreements shall govern the numbers and types of
forces, their degree of readiness and general location, and the nature of the
facilities and assistance to be provided.
3. The agreement or agreements shall be negotiated as soon as possible
on the initiative of the Security Council. They shall be concluded between
the Security Council and Members or between the Security Council and groups
of Members and shall be subject to ratification by the signatory states in
accordance with their respective constitutional processes.
Article 44
When the Security Council has decided to use force it shall, before
calling upon a Member not represented on it to provide armed forces in
fulfillment of the obligations assumed under Article 43, invite that Member,
if the Member so desires, to participate in the decisions of the Security
Council concerning the employment of contingents of that Member's armed
forces.
Article 45
In order to enable the United Nations to take urgent military measures,
Members shall hold immediately available national air-force contingents for
combined international enforcement action. The strength and degree of
readiness of these contingents and plans for their combined action shall be
determined, within the limits laid down in the special agreement or
agreements referred to in Article 43, by the Security Council with the
assistance of the Military Staff Committee.
Article 46
Plans for the application of armed force shall be made by the Security
Council with the assistance of the Military Staff Committee.
Article 47
1. There shall be established a Military Staff Committee to advise and
assist the Security Council on all questions relating to the Security
Council's military requirements for the maintenance of international peace
and security, the employment and command of forces placed at its disposal,
the regulation of armaments, and possible disarmament.
2. The Military Staff Committee shall consist of the Chiefs of Staff
of the permanent members of the Security Council or their representatives.
Any Member of the United Nations not permanently represented on the Committee
shall be invited by the Committee to be associated with it when the efficient
discharge of the Committee's responsibilities requires the participation of
that Member in its work.
3. The Military Staff Committee shall be responsible under the Security
Council for the strategic direction of any armed forces placed at the disposal
of the Security Council. Questions relating to the command of such forces
shall be worked out subsequently.
4. The Military Staff Committee, with the authorization of the Security
Council and after consultation with appropriate regional agencies, may
establish regional sub-committees.
Article 48
1. The action required to carry out the decisions of the Security
Council for the maintenance of international peace and security shall be
taken by all the Members of the United Nations or by some of them, as the
Security Council may determine.
2. Such decisions shall be carried out by the Members of the United
Nations directly and through their action in the appropriate international
agencies of which they are members.
Article 49
The Members of the United Nations shall join in affording mutual
assistance in carrying out the measures decided upon by the Security Council.
Article 50
If preventive or enforcement measures against any state are taken by the
Security Council, any other state, whether a Member of the United Nations or
not, which finds itself confronted with special economic problems arising
from the carrying out of those measures shall have the right to consult the
Security Council with regard to a solution of those problems.
Article 51
Nothing in the present Charter shall impair the inherent right of
individual or collective self-defence if an armed attack occurs against a
Member of the United Nations, until the Security Council has taken measures
necessary to maintain international peace and security. Measures taken by
Members in the exercise of this right of self-defence shall be immediately
reported to the Security Council and shall not in any way affect the
authority and responsibility of the Security Council under the present
Charter to take at any time such action as it deems necessary in order to
maintain or restore international peace and security.