| United Nations | A/RES/42/22 |
General Assembly
Distr. GENERAL
18 November 1987
ORIGINAL:
ENGLISH
A/RES/42/22
73rd plenary meeting
18 November 1987
42/22. Declaration on the Enhancement of the Effectiveness of the
Principle of Refraining from the Threat or Use of Force in
International Relations
The General Assembly,
Recalling its resolution 41/76 of 3 December 1986, in which it decided
that the Special Committee on Enhancing the Effectiveness of the Principle of
Non-Use of Force in International Relations should complete a draft
declaration on the enhancement of the effectiveness of the principle,
including, as appropriate, recommendations on the peaceful settlement of
disputes, and submit its final report containing a draft declaration to the
General Assembly at its forty-second session,
Taking note of the report of the Special Committee, which met in New York
from 9 to 27 March 1987,
Considering that the Special Committee has completed a draft Declaration
on the Enhancement of the Effectiveness of the Principle of Refraining from
the Threat or Use of Force in International Relations and has decided to
submit it to the General Assembly for consideration and adoption,
Convinced of the need for the effective universal application of the
principle of refraining from the threat or use of force in international
relations and of the importance of the role of the United Nations in this
regard,
Convinced also that the adoption of the Declaration on the Enhancement of
the Effectiveness of the Principle of Refraining from the Threat or Use of
Force in International Relations should contribute to the improvement of
international relations,
1. Approves the Declaration on the Enhancement of the Effectiveness of
the Principle of Refraining from the Threat or Use of Force in International
Relations, the text of which is annexed to the present resolution;
2. Expresses its appreciation to the Special Committee on Enhancing the
Effectiveness of the Principle of Non-Use of Force in International Relations
for completing its work by elaborating the Declaration;
3. Recommends that every effort should be made so that the Declaration
becomes generally known.
ANNEX
Declaration on the Enhancement of the Effectiveness of the
Principle of Refraining from the Threat or Use of Force in
International Relations
The General Assembly,
Recalling the principle that States shall refrain in their international
relations from the threat or use of force against the territorial integrity or
political independence of any State or in any other manner inconsistent with
the purposes of the United Nations,
Recalling that this principle is enshrined in Article 2, paragraph 4, of
the Charter of the United Nations and has been reaffirmed in a number of
international instruments,
Reaffirming the Declaration on Principles of International Law concerning
Friendly Relations and Co-operation among States in accordance with the
Charter of the United Nations, the Definition of Aggression and the
Manila Declaration on the Peaceful Settlement of International Disputes,
Reaffirming the obligation to maintain international peace and security
in conformity with the purposes of the United Nations,
Expressing deep concern at the continued existence of situations of
conflict and tension and the impact of the persistence of violations of the
principle of refraining from the threat or use of force on the maintenance of
international peace and security, as well as at the loss of human life and
material damage in the countries affected, the development of which may
thereby be set back,
Desiring to remove the risk of new armed conflicts between States by
promoting a change in the international climate from confrontation to peaceful
relations and co-operation and by taking other appropriate measures to
strengthen international peace and security,
Convinced that, in the present world situation, in which nuclear weapons
exist, there is no reasonable alternative to peaceful relations among States,
Fully aware that the question of general and complete disarmament is of
the utmost importance and that peace, security, fundamental freedoms and
economic and social development are indivisible,
Noting with concern the pernicious impact of terrorism on international
relations,
Stressing the need for all States to desist from any forcible action
aimed at depriving peoples of their right to self-determination, freedom and
independence,
Reaffirming the obligation of States to settle their international
disputes by peaceful means,
Conscious of the importance of strengthening the United Nations system of
collective security,
Bearing in mind the universal significance of human rights and
fundamental freedoms as essential factors for international peace and
security,
Convinced that States have a common interest in promoting a stable and
equitable world economic environment as an essential basis for world peace and
that, to that end, they should strengthen international co-operation for
development and work towards a new international economic order,
Reaffirming the commitment of States to the basic principle of the
sovereign equality of States,
Reaffirming the inalienable right of every State to choose its political,
economic, and social and cultural systems without interference in any form by
another State,
Recalling that States are under an obligation not to intervene directly
or indirectly, for any reason whatever, in the internal or external affairs of
any other State,
Reaffirming the duty of States to refrain in their international
relations from military, political, economic or any other form of coercion
aimed against the political independence or territorial integrity of any
State,
Reaffirming the principle of equal rights and self-determination of
peoples enshrined in the Charter,
Reaffirming that States shall fulfil in good faith all their obligations
under international law,
Aware of the urgent need to enhance the effectiveness of the principle
that Staes shall refrain from the threat or use of force in order to
contribute to the establishment of lasting peace and security for all States,
1. Solemnly declares that:
I
1. Every State has the duty to refrain in its international relations
from the threat or use of force against the territorial integrity or
political independence of any State, or from acting in any other manner
inconsistent with the purposes of the United Nations. Such a threat or
use of force constitutes a violation of international law and of the
Charter of the United Nations and entails international responsibility.
2. The principle of refraining from the threat or use of force in
international relations is universal in character and is binding,
regardless of each State's political, economic, social or cultural system
or relations of alliance.
3. No consideration of whatever nature may be invoked to warrant
resorting to the threat or use of force in violation of the Charter.
4. States have the duty not to urge, encourage or assist other States
to resort to the threat or use of force in violation of the Charter.
5. By virtue of the principle of equal rights and self-determination
enshrined in the Charter, all peoples have the right freely to determine,
without external interference, their political status and to pursue their
economic, social and cultural development, and every State has the duty
to respect this right in accordance with the provisions of the Charter.
6. States shall fulfil their obligations under international law to
refrain from organizing, instigating, or assisting or participating in
paramilitary, terrorist or subversive acts, including acts of
mercenaries, in other States, or acquiescing in organized activities
within their territory directed towards the commission of such acts.
7. States have the duty to abstain from armed intervention and all
other forms of interference or attempted threats against the personality
of the State or against its political, economic and cultural elements.
8. No State may use or encourage the use of economic, political or any
other type of measures to coerce another State in order to obtain from it
the subordination of the exercise of its sovereign rights and to secure
from it advantages of any kind.
9. In accordance with the purposes and principles of the United
Nations, States have the duty to refrain from propaganda for wars of
aggression.
10. Neither acquisition of territory resulting from the threat or use of
force nor any occupation of territory resulting from the threat or use of
force in contravention of international law will be recognized as legal
acquisition or occupation.
11. 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.
12. In conformity with the Charter and in accordance with the relevant
paragraphs 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, States shall fulfil in good faith
all their international obligations.
13. States have the inherent right of individual or collective
self-defence if an armed attack occurs, as set forth in the Charter.
II
14. States shall make every effort to build their international
relations on the basis of mutual understanding, trust, respect and
co-operation in all areas.
15. States should also promote bilateral and regional co-operation as
one of the important means to enhance the effectiveness of the principle
of refraining from the threat or use of force in international relations.
16. States shall abide by their commitment to the principle of peaceful
settlement of disputes, which is inseparable from the principle of
refraining from the threat or use of force in their international
relations.
17. States parties to international disputes shall settle their disputes
exclusively by peaceful means in such a manner that international peace
and security, and justice, are not endangered. For this purpose they
shall utilize such means as negotiation, inquiry, mediation,
conciliation, arbitration, judicial settlement, resort to regional
agencies or arrangements, or other peaceful means of their own choice,
including good offices.
18. States shall take effective measures which, by their scope and by
their nature, constitute steps towards the ultimate achievement of
general and complete disarmament under strict and effective international
control.
19. States should take effective measures in order to prevent the danger
of any armed conflicts, including those in which nuclear weapons could be
used, to prevent an arms race in outer space and to halt and reverse it
on Earth, to lower the level of military confrontation and to enhance
global stability.
20. States should co-operate in order to undertake active efforts aimed
at ensuring the relaxation of international tensions, the consolidation
of the international legal order and the respect of the system of
international security established by the Charter of the United Nations.
21. States should establish appropriate confidence-building measures
aimed at preventing and reducing tensions and at creating a better
climate among them.
22. States reaffirm that the respect for effective exercise of all human
rights and fundamental freedoms and protection thereof are essential
factors for international peace and security, as well as for justice and
the development of friendly relations and co-operation among all States.
Consequently, they should promote and encourage respect for human rights
and fundamental freedoms for all, without distinction as to race, sex,
language or religion, inter alia, by strictly complying with their
international obligations and considering, as appropriate, becoming
parties to the principal international instruments in this field.
23. States shall co-operate at the bilateral, regional and international
levels in order to:
(a) Prevent and combat international terrorism;
(b) Contribute actively to the elimination of the causes underlying
international terrorism.
24. States shall endeavour to take concrete measures and promote
favourable conditions in the international economic environment in order
to achieve international peace, security and justice; they will take into
account the interest of all in the narrowing of the differences in the
levels of economic development, and in particular the interest of
developing countries throughout the world.
III
25. The competent United Nations organs should make full use of the
provisions of the Charter of the United Nations in the field of the
maintenance of international peace and security with a view to enhancing
the effectiveness of the principle of refraining from the threat or use
of force in international relations.
26. States should co-operate fully with the organs of the United Nations
in supporting their action relating to the maintenance of international
peace and security and to the peaceful settlement of international
disputes in accordance with the Charter. In particular, they should
enhance the role of the Security Council so that it can fully and
effectively discharge its duties. In this regard, the permanent members
of the Council have a special responsibility under the Charter.
27. States should strive to enhance the effectiveness of the collective
security system through the effective implementation of the provisions of
the Charter, particularly those relating to the special responsibilities
of the Security Council in this regard. They should also fully discharge
their obligations to support United Nations peace-keeping operations
decided upon in accordance with the Charter. States shall accept and
carry out the decisions of the Council in accordance with the Charter.
28. States should give the Security Council every possible type of
assistance in all actions taken by it for the just settlement of crisis
situations and regional conflicts. They should strengthen the part the
Council can play in preventing disputes and situations the continuation
of which is likely to endanger the maintenance of international peace and
security. They should facilitate the task of the Council in reviewing
situations of potential danger for international peace and security at as
early a stage as possible.
29. The fact-finding capacity of the Security Council should be enhanced
on an ad hoc basis in accordance with the Charter.
30. States should give full effect to the important role conferred by
the Charter on the General Assembly in the area of peaceful settlement of
disputes and the maintenance of international peace and security.
31. States should encourage the Secretary-General to exercise fully his
functions with regard to the maintenance of international peace and
security and the peaceful settlement of disputes, in accordance with the
Charter, including those under Articles 98 and 99, and fully co-operate
with him in this respect.
32. States should take into consideration that legal disputes should, as
a general rule, be referred by the parties to the International Court of
Justice in accordance with the provisions of the Statute of the Court as
an important factor for strengthening the maintenance of international
peace and security. The General Assembly and the Security Council should
consider making use of the provisions of the Charter concerning the
possibility of requesting the Court to give an advisory opinion on any
legal question.
33. States parties to regional arrangements or agencies should consider
making greater use of such arrangements and agencies for dealing with
such matters relating to the maintenance of international peace and
security as are appropriate, pursuant to Article 52 of the Charter;
2. Declares that nothing in the present Declaration shall be construed
as:
(a) Enlarging or diminishing in any way the scope of the provisions of
the Charter concerning cases in which the use of force is lawful;
(b) Prejudicing in any manner the relevant provisions of the Charter or
the rights and duties of Member States or the scope of the functions and
powers of the United Nations organs under the Charter, in particular those
relating to the threat or use of force;
3. Declares that nothing in the present Declaration could in any way
prejudice the right to self-determination, freedom and independence, as
derived from the Charter, of peoples forcibly deprived of that right and
referred to in the Declaration on Principles of International Law concerning
Friendly Relations and Co-operation among States in accordance with the
Charter of the United Nations, particularly peoples under colonial and racist
regimes or other forms of alien domination; nor the right of these peoples to
struggle to that end and to seek and receive support, in accordance with the
principles of the Charter and in conformity with the above-mentioned
Declaration;
4. Confirms that, in the event of a conflict between the obligations of
Members of the United Nations under the Charter and their obligations under
any other international agreement, their obligations under the Charter will
prevail in accordance with Article 103 of the Charter.