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22Nd Supp Part Iii Advance 0.Pdf ADVANCE VERSION Repertoire of the Practice of the Security Council 22nd Supplement 2019 Department of Political and Peacebuilding Affairs - Security Council Affairs Division Security Council Practices and Charter Research Branch Part III Purposes and principles of the Charter of the United Nations Repertoire website: http://www.un.org/en/securitycouncil/repertoire Repertoire of the Practice of the Security Council ADVANCE VERSION 22nd Supplement (2019) Contents Introductory note ................................................................................................................. 2 I. Principle of equal rights and self-determination of peoples under Article 1, paragraph 2 ............................................................................................................................................. 4 Note ..................................................................................................................................... 4 A. Decisions relating to Article 1 (2) .................................................................................. 4 B. Constitutional discussion relating to Article 1 (2) ......................................................... 6 C. Invocation of the principle enshrined in Article 1 (2) in communications .................... 9 II. Prohibition of the threat or use of force under Article 2, paragraph 4 ......................... 11 Note ................................................................................................................................... 11 A. Decisions relating to Article 2 (4) ................................................................................ 11 B. Constitutional discussion relating to Article 2 (4) ....................................................... 14 C. Invocation of the principle enshrined in Article 2 (4) in communications .................. 37 III. Obligation under Article 2, paragraph 5, to refrain from assisting the target of enforcement action ............................................................................................................ 40 Note ................................................................................................................................... 40 A. Decisions relating to Article 2 (5) .......................................................................... 40 B. Constitutional discussion relating to Article 2 (5) ....................................................... 41 IV. Non-intervention in the internal affairs of States by the United Nations under Article 2, paragraph 7.................................................................................................................... 46 Note ................................................................................................................................... 46 A. Decisions relating to Article 2 (7) ................................................................................ 46 B. Constitutional discussion relating to Article 2 (7) ....................................................... 48 C. Invocations of the principle enshrined in Article 2 (7) in communications .......... 53 1 Part III – Purposes and principles of the Charter of the United Nations Repertoire website: http://www.un.org/en/securitycouncil/repertoire Repertoire of the Practice of the Security Council ADVANCE VERSION 22nd Supplement (2019) Introductory note Part III covers the consideration by the Security Council of Articles contained in Chapter I of the Charter of the United Nations relating to the purposes and principles of the United Nations, namely Articles 1 (2), 2 (4), 2 (5) and 2 (7). Part III consists of four sections. Section I features material relating to the principle of self-determination of peoples under Article 1 (2) of the Charter. Section II covers material relevant to the prohibition of the use of force or the threat of the use of force as enshrined in Article 2 (4) of the Charter. Section III deals with the obligation of States to refrain from assisting a target of the Council’s enforcement action as stipulated in Article 2 (5) of the Charter. Section IV highlights the Council’s consideration of the principle of non-intervention by the United Nations in the internal affairs of States, as regulated by Article 2 (7) of the Charter. In 2019, the Council deliberated on the principle of self-determination regarding the situations in eastern Ukraine, the Sudan, the Bolivarian Republic of Venezuela and Western Sahara, as well as in the context of the Palestinian question and mercenary activities in Africa. It also discussed the application of Article 2 (4) in regard to the situations in the Middle East and the Bolivarian Republic of Venezuela. The Council also discussed the necessity for States to refrain from giving assistance to any state against which the United Nations was taking preventive or enforcement action pursuant to Article 2 (5) in connection with the situations in Libya, South Sudan, Somalia and Yemen, as well as in the context of peace and security in Africa more broadly. Furthermore, the Council reflected upon the principles enshrined in Article 2 (7) of the Charter during its consideration of the situations in Burundi, the Syrian Arab Republic and the Sudan, as well as during its discussion on peacebuilding and sustaining peace and the importance of national ownership and respect for sovereignty in the context of reconciliation. No Council decisions adopted during the reporting period contained explicit references to any of these Articles. Nonetheless, this part includes Council decisions featuring language relating to the principles enshrined in Articles 1 (2), 2 (4), 2 (5) and 2 (7). Similarly, this part also includes implicit invocations of Article 1 (2) and 2 Part III – Purposes and principles of the Charter of the United Nations Repertoire website: http://www.un.org/en/securitycouncil/repertoire Repertoire of the Practice of the Security Council ADVANCE VERSION 22nd Supplement (2019) explicit invocations of Articles 2 (4) and 2 (7) found in the correspondence of the Council during the period under review. 3 Part III – Purposes and principles of the Charter of the United Nations Repertoire website: http://www.un.org/en/securitycouncil/repertoire Repertoire of the Practice of the Security Council ADVANCE VERSION 22nd Supplement (2019) I. Principle of equal rights and self-determination of peoples under Article 1, paragraph 2 Article 1, paragraph 2 [The Purposes of the United Nations are:] To develop friendly relations among nations based on respect for the principle of equal rights and self- determination of peoples, and to take other appropriate measures to strengthen universal peace. Note Section I concerns the practice of the Security Council regarding the principle of equal rights and self-determination of peoples as enshrined in Article 1 (2) of the Charter of the United Nations. Subsection A features decisions relevant to the principle enshrined in Article 1 (2). Subsection B describes the references made to the principle of self- determination in Council discussions during the reporting period. Subsection C sets out instances in which the principle of self-determination was invoked in communications addressed to the Council. A. Decisions relating to Article 1 (2) During the period under review, the Security Council did not explicitly invoke Article 1 (2) in its decisions. However, a few implicit references found in its decisions are of relevance for the interpretation and application of Article 1 (2). Those implicit references were made in connection with the envisaged referendum in Western Sahara (see table 1). 4 Part III – Purposes and principles of the Charter of the United Nations Repertoire website: http://www.un.org/en/securitycouncil/repertoire Repertoire of the Practice of the Security Council ADVANCE VERSION 22nd Supplement (2019) Table 1 Decisions containing implicit references to Article 1 (2) Decision and date Provision The situation in Western Sahara Resolution 2468 Reaffirming its commitment to assist the parties to achieve a just, lasting, and mutually (2019) acceptable political solution, based on compromise, which will provide for the self- 30 April 2019 determination of the people of Western Sahara in the context of arrangements consistent with the principles and purposes of the Charter of the United Nations, and noting the role and responsibilities of the parties in this respect (sixth preambular paragraph) See also resolution 2494 (2019), sixth preambular paragraph. Calls upon the parties to resume negotiations under the auspices of the Secretary-General without preconditions and in good faith, taking into account the efforts made since 2006 and subsequent developments with a view to achieving a just, lasting, and mutually acceptable political solution, which will provide for the self-determination of the people of Western Sahara in the context of arrangements consistent with the principles and purposes of the Charter of the United Nations, and noting the role and responsibilities of the parties in this respect (para. 4) See also resolution 2494 (2019), (para. 4). 5 Part III – Purposes and principles of the Charter of the United Nations Repertoire website: http://www.un.org/en/securitycouncil/repertoire Repertoire of the Practice of the Security Council ADVANCE VERSION 22nd Supplement (2019) B. Constitutional discussion relating to Article 1 (2) During the period under review, Article 1 (2) was not explicitly invoked in the deliberations of the Security
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