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.