The UN Charter, meant to be the cornerstone of international law and global diplomacy, acting as a guide for nations in their pursuit of peace, security, and human dignity, now stands as a shadow of its former self, unable to act upon any of its agreed-upon promises. Despite being the only universal set of international laws that all 193 UN Member States have committed to uphold, the Charter has found itself to be violated time and time again.
Be it the recent US-Iran-Israel conflict, the Gaza conflict, the Russian invasion of Ukraine, or even going back to the US’s multiple interferences and overseas wars, the eighty-year-old charter has failed to "save succeeding generations from the scourge of war." The constant disagreement between member states on whether an action is considered to be in ‘self-determination’, ‘self-defence’ or ‘aggression’ mostly ends up in ‘non-inteference’ in critical hours of war.
Violation in the present scenario
Recently, Tehran accused the US of violating the UN Charter by its airstrike on its nuclear sites on 22 June. The United States responded, claiming to have exercised its right to "self-defence."
Debates such as this are a common occurrence at UNSC meetings, as member mentions leverage these loosely defined rights to justify their actions. Gissou Nia, a fellow with the Atlantic Council think tank, expanded on the same, “the international community has never really addressed the 'crime of aggression'."
Taking Russia's invasion of Ukraine in February 2022 as an example, Nia goes on to explain, "For self-defence, you really have to show evidence of an imminent attack. I think that it's one of the more contentious issues that involve the UN Charter, and the narrative has really gotten away from us."
Ukraine, having been invaded by Russia in the public’s eye was denounced as a clear violation of the Charter by Secretary General António Guterres and the General Assembly. Despite having ‘evidence of attack’, the invasion was not seen as an act of aggression due to Russia being a veto-wielding member of the Security Council.
It is due to power play and once given impunity, like these incidents, that critics say the organisation has been utterly helpless in stopping the countless conflicts that have broken out since and continue around the globe today.
A glimpse of the past
While the UN Charter has been unsuccessful in the recent conflicts in “to save succeeding generations from the scourge of war,” as stated in its Preamble, it still offers a legacy to be revived.
Complied in the early years of World War II and signed on 26 June 1945 in San Francisco, the charter paved the way for the creation of the United Nations on October 24, 1945. With its primary goal: To prevent another World War.
No need to look far from home, the UN charter that played a critical role in the 1948 war between India and Pakistan in mediating a ceasefire. Resolution 39 (1948), which established UNCIP to investigate and mediate the dispute, was adopted by the UN. This eventually led to the signing of the Karachi agreement in 1949, supervised by the UN.
The Charter has also acted as a guide for the UNSC in resolving conflicts in El Salvador, Guatemala, Namibia, Cambodia, Mozambique, Tajikistan, and Burundi. It has also enabled several peacekeeping missions across the world.
In an era defined by global conflict where the UN Charter continues to be defiled by member nations, it is long overdue for the world to recommit itself to the Charter’s vision to ‘unite our strength to maintain international peace and security’.
