UN Enemy State Clause : Wikipedia, the free encyclopedia

UN Enemy State Clause

Passage of the UN Charter

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Enemy State clauses is a term used to refer to article 107 and parts of article 53 of the United Nations Charter. They are both exceptions to the general prohibition on the use of force in relation to countries that were part of the Axis.

Under article 107 States are allowed to take enforcement action "as a result of" World War II against "any State which during the Second World War has been an enemy of any signatory to the present Charter", while under article 53 regional arrangements directed against the renewal of aggressive policy by a former enemy State aren't required to seek Security Council authorization before taking measures to prevent further aggression.

Both provisions are considered to have fallen into desuetude^{[by whom?]} after the conclusion of peace treaties and the admission to the UN of all former enemy States. While Germany and Japan have advocated for the deletion of these clauses from the Charter the removal so far hasn't taken place due to the complex amendment process.^[1]^[2]^[3]

References

^ "U.N. Charter's anachronistic enemy state clauses | The Japan Times". The Japan Times. Retrieved 2017-03-24.
^ "Japan fights to lose UN 'enemy' tag". The Independent. 1992-09-24. Retrieved 2017-03-24.
^ "United Nations Charter, Enemy States Clauses". {{cite journal}}: Cite journal requires |journal= (help)