About this topic
The United Nations does its work through six principal organs. This topic covers each organ in turn: its composition, its powers and functions, and its voting rules under the Charter of the United Nations, together with the practice that has grown around them.
Three problems show why these rules matter. Each can be solved in seconds once the structure of the Organisation is clear.
Three problems to solve:
- Problem 1: The 15 members of the Security Council vote on a resolution. 13 vote yes. One elected member votes no. One permanent member does not vote either way and simply abstains. Is the resolution adopted?
- Problem 2: The General Assembly votes on the budget of the Organisation. 120 states vote yes, 50 vote no, 20 abstain and 3 are absent from the hall. Has the budget been approved?
- Problem 3: A small island state has paid nothing to the Organisation for three years, because a cyclone wiped out its economy. Can it still vote in the General Assembly?
The answers are worked out in the section "Solving the three problems" below.
The Six Principal Organs: Article 7
The Charter came into force on 24 October 1945. It sets out the design of the Organisation in Article 7.
Article 7(1): "There are established as principal organs of the United Nations: a General Assembly, a Security Council, an Economic and Social Council, a Trusteeship Council, an International Court of Justice and a Secretariat."
Article 7(2): "Such subsidiary organs as may be found necessary may be established in accordance with the present Charter."
Memory aid: one verb for each organ
Give each organ one verb. The organs are studied below in this order, starting with the most powerful.
| Principal organ | Verb | Where it works |
|---|---|---|
| Security Council | Acts | New York |
| General Assembly | Talks | New York |
| Secretariat | Runs | New York |
| International Court of Justice | Judges | The Hague, in the Netherlands |
| Economic and Social Council | Builds | New York |
| Trusteeship Council | Protected (past tense, because its work is over) | New York |
Act, talk, run, judge, build, protected. Five of the six principal organs work from New York. Only the International Court of Justice sits elsewhere, at The Hague in the Netherlands.
Security Council: The Organ That Acts
The Security Council can be pictured as the fire station of the international community. It has three features, and all three appear in the Charter:
- It is small: 15 members (Article 23).
- It is staffed day and night: it must function continuously (Article 28).
- Its orders at the scene must be obeyed: its decisions bind members (Article 25).
Source of its power: Article 24(1)
Article 24(1): "In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf."
Two ideas follow from this provision:
- Primary, not exclusive: the responsibility is primary, which means first in line, but not exclusive.
- Acts on behalf of all members: the Council acts on behalf of all the members, so its action is treated as their collective action.
Binding force of its decisions: Article 25
Article 25: "The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter."
Article 25 is the provision that makes decisions of the Security Council legally binding on member states.
Specific powers: Article 24(2) and Article 24(3)
Article 24(2): "In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XII."
| Chapter of the Charter | What it covers |
|---|---|
| Chapter VI | Pacific settlement of disputes. Here the Council mostly recommends. |
| Chapter VII | Threats to the peace, breaches of the peace and acts of aggression. This is the "heavy equipment", allowing anything from economic sanctions to armed force. |
| Chapter VIII | Regional arrangements. |
| Chapter XII | The trusteeship system. |
Article 24(3) keeps the Council answerable to the General Assembly:
Article 24(3): "The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration."
Continuous functioning: Article 28(1)
Being staffed at all hours is also a legal rule.
Article 28(1): "The Security Council shall be so organized as to be able to function continuously. Each member of the Security Council shall for this purpose be represented at all times at the seat of the Organization."
Composition: Article 23(1)
Article 23(1): "The Security Council shall consist of fifteen Members of the United Nations. The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America shall be permanent members of the Security Council. The General Assembly shall elect ten other Members of the United Nations to be non-permanent members of the Security Council, due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical distribution."
The Council therefore has 5 permanent members and 10 non-permanent members elected by the General Assembly. In electing the non-permanent members, due regard is paid to:
- in the first instance, the contribution of the member to the maintenance of international peace and security and to the other purposes of the Organisation; and
- equitable geographical distribution.
Two of the names in Article 23(1) no longer match the map. The text was never amended, but the seats have passed on:
| Name in Article 23(1) | Who holds the seat today |
|---|---|
| The Republic of China | The People's Republic of China, since 1971 |
| The Union of Soviet Socialist Republics | The Russian Federation, which has continued the seat of the Soviet Union since December 1991 |
| France | France |
| The United Kingdom of Great Britain and Northern Ireland | The United Kingdom |
| The United States of America | The United States of America |
Non-permanent members: Article 23(2) and Article 23(3)
Article 23(2): "The non-permanent members of the Security Council shall be elected for a term of two years. In the first election of the non-permanent members after the increase of the membership of the Security Council from eleven to fifteen, two of the four additional members shall be chosen for a term of one year. A retiring member shall not be eligible for immediate re-election."
- Term: two years.
- The middle sentence was a one-time arrangement. An amendment, in force from 1965, raised the Council from 11 to 15 members. Choosing two of the four additional members for one year created the pattern in which five seats fall vacant every year.
- No immediate re-election: this is the sentence to remember. A retiring member must sit out at least one term before it can return.
Think of a bowler in cricket. A bowler can never bowl two overs in a row, but after someone else has bowled an over, the same bowler may come back. A retiring member of the Security Council is in exactly that position.
Article 23(3): "Each member of the Security Council shall have one representative."
India has served eight terms as a non-permanent member, the most recent from 2021 to 2022.
Voting: Article 27
Article 27 contains the most tested words in the Charter.
Article 27(1): "Each member of the Security Council shall have one vote."
Article 27(2): "Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members."
Article 27(3): "Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting."
Two locks on one door
| Lock | Applies to | What it requires |
|---|---|---|
| First lock: a number | Every decision, procedural or not | 9 affirmative (yes) votes. This is a fixed figure that does not change with attendance, unlike the voting rule of the General Assembly. |
| Second lock: the permanent members | Only matters that are not procedural ("all other matters") | The permanent members must concur, which means agree. If even one permanent member casts a negative vote, the door stays shut, even if every other member voted yes. |
The power of a permanent member to block a non-procedural decision by a negative vote is what the world calls the veto. The word "veto" never appears in the Charter. The veto is simply the effect of the words "concurring votes" in Article 27(3).
Abstention by a permanent member is not a veto
Read literally, Article 27(3) might suggest that a permanent member that abstains also blocks the decision, since it has not "concurred". Yet from the early years, the Council has consistently treated a voluntary abstention by a permanent member as no obstacle to adoption.
Advisory opinion on Namibia (1971): the International Court of Justice considered the practice of the Security Council on abstentions by permanent members. Held: the Court accepted the practice of treating a voluntary abstention by a permanent member as no obstacle to adoption as a general practice of the Organisation. Principle: only a negative vote by a permanent member is a veto; an abstention is not.
The proviso: a party to a dispute must abstain
Under the proviso to Article 27(3), in decisions under Chapter VI and under Article 52(3), a party to a dispute must abstain from voting. This applies even if that party is a permanent member. But the duty to abstain does not reach decisions under Chapter VII.
Solmar, a member of the Security Council, is accused of diverting a river that flows into its neighbour Varenia. The Council considers the dispute under Chapter VI, to recommend a peaceful settlement. Solmar is a party to the dispute, so it must abstain, even if Solmar is a permanent member.
Now the quarrel turns into an armed invasion, and the Council moves to Chapter VII to impose sanctions. The duty to abstain does not reach Chapter VII decisions, so if Solmar is a permanent member, it can veto the enforcement action aimed at itself.
| Point | Chapter VI (pacific settlement) | Chapter VII (enforcement) |
|---|---|---|
| Must a party to the dispute abstain? | Yes, even a permanent member | No |
| Can a permanent member that is a party block the decision? | No, because it must abstain | Yes, by a negative vote (veto) |
The proviso protects fairness in peaceful settlement, but leaves the veto untouched for force and sanctions. That is why a permanent member can veto enforcement action aimed at itself.
General Assembly: The Organ That Talks
If the Security Council is a fire station, the General Assembly is a town hall, where every resident has a seat and every vote weighs the same.
Composition: Article 9
Article 9: "The General Assembly shall consist of all the Members of the United Nations." "Each Member shall have not more than five representatives in the General Assembly."
Today the General Assembly has 193 member states. Even with up to five representatives, each member still has only one vote.
Voting: Article 18
Article 18(1): "Each member of the General Assembly shall have one vote."
Article 18(2): "Decisions of the General Assembly on important questions shall be made by a two-thirds majority of the members present and voting. These questions shall include: recommendations with respect to the maintenance of international peace and security, the election of the non-permanent members of the Security Council, the election of the members of the Economic and Social Council, the election of members of the Trusteeship Council in accordance with paragraph 1(c) of Article 86, the admission of new Members to the United Nations, the suspension of the rights and privileges of membership, the expulsion of Members, questions relating to the operation of the trusteeship system, and budgetary questions."
Article 18(3): "Decisions on other questions, including the determination of additional categories of questions to be decided by a two-thirds majority, shall be made by a majority of the members present and voting."
Important questions under Article 18(2)
- Recommendations with respect to the maintenance of international peace and security
- Election of the non-permanent members of the Security Council
- Election of the members of the Economic and Social Council
- Election of members of the Trusteeship Council under Article 86(1)(c)
- Admission of new Members to the United Nations
- Suspension of the rights and privileges of membership
- Expulsion of Members
- Questions relating to the operation of the trusteeship system
- Budgetary questions
| Point | Important questions | Other questions |
|---|---|---|
| Provision | Article 18(2) | Article 18(3) |
| Majority required | Two-thirds of the members present and voting | Simple majority of the members present and voting |
| Examples | The nine listed questions, including the budget and the admission of new Members | All other questions, including the decision to add new categories of important questions |
Two features of Article 18
- The list is not closed. The list of important questions uses the word "include", so it is not exhaustive. The Assembly can add new categories, and it does so by a simple majority under Article 18(3).
- "Present and voting" does the real work. Only members who vote yes or no are counted. A member that abstains is present but not voting, and a member that is absent is neither. So the base for calculating the majority shrinks with every abstention and every absence.
The same formula of "present and voting" also governs the Economic and Social Council and the Trusteeship Council.
| Point | Security Council | General Assembly |
|---|---|---|
| Basis of the majority | A fixed number: 9 affirmative votes | A proportion of the members present and voting |
| Effect of abstentions and absences | No change: 9 yes votes are still needed | The base shrinks with every abstention and absence |
| Weight of votes | Permanent members must concur on non-procedural matters | Every vote weighs the same |
Loss of vote for arrears: Article 19
The town hall also has a rule for members who do not pay their share.
Article 19: "A Member of the United Nations which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The General Assembly may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the Member."
Being in arrears means being behind in payment. Note three things:
- A test of money, not of time: the test compares the unpaid amount with the contributions due for the preceding two full years.
- Limited penalty: the penalty touches only the vote in the General Assembly. The state remains a member.
- Hardship exception: the Assembly may permit the member to vote if it is satisfied that the failure to pay is due to conditions beyond the member's control.
Functions and powers
Wide power of discussion: Article 10
The town hall may talk about almost anything.
Article 10: "The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters."
Peace and security: Article 11
Article 11 applies this wide power to peace and security, including disarmament. But Article 11(2) draws a clear dividing line:
Article 11(2): "Any such question on which action is necessary shall be referred to the Security Council by the General Assembly either before or after discussion."
The town hall may debate a fire, but sending the fire engine is the station's job. Where action is necessary, the Assembly must refer the question to the Security Council.
Studies, codification and progressive development: Article 13(1)
Article 13(1): "The General Assembly shall initiate studies and make recommendations for the purpose of: (a) promoting international co-operation in the political field and encouraging the progressive development of international law and its codification; (b) promoting international co-operation in the economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion."
Codification means turning unwritten rules, mostly custom, into clear written texts. Progressive development means preparing new rules where the law is still thin. For both tasks, the General Assembly created the International Law Commission in 1947.
Reports: Article 15
Under Article 15, the Assembly receives and considers annual and special reports from the Security Council, and reports from the other organs.
The budget: Article 17
The Assembly holds the purse.
Article 17(1): "The General Assembly shall consider and approve the budget of the Organization."
Article 17(2): "The expenses of the Organization shall be borne by the Members as apportioned by the General Assembly."
That is why the Assembly's decisions on the budget bind the members, even though most of its resolutions do not.
Limit on its power: Article 12(1)
Article 12(1): "While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests."
Read the verb carefully. While the Security Council is dealing with a dispute, the Assembly is barred from recommending, not from discussing. The purpose is that two organs do not issue competing advice on the same crisis. The bar lifts if the Security Council so requests.
Uniting for Peace resolution (3 November 1950)
A fire station can sometimes freeze, when a permanent member uses its veto again and again. The Assembly's answer came in the Uniting for Peace resolution of 3 November 1950. Under it:
- when the Security Council fails to act because the permanent members are not unanimous, the Assembly may take up the matter at once and recommend collective measures; and
- an emergency special session can be called within 24 hours.
The first emergency special session met in November 1956, during the Suez crisis. It created the United Nations Emergency Force.
Sessions: Article 20
Article 20: "The General Assembly shall meet in regular annual sessions and in such special sessions as occasion may require. Special sessions shall be convoked by the Secretary-General at the request of the Security Council or of a majority of the Members of the United Nations."
Convoked means formally called. In practice, the regular session opens every September.
Elective and appointing functions
- It elects the 10 non-permanent members of the Security Council.
- It elects the members of the Economic and Social Council.
- On the recommendation of the Security Council, it admits new members.
- On the recommendation of the Security Council, it appoints the Secretary-General.
- Together with the Security Council, it elects the judges of the International Court of Justice.
Legal effect of its resolutions
Apart from internal matters such as the budget, the resolutions of the General Assembly are recommendations. They carry moral and political weight, but they do not bind states the way decisions of the Security Council do.
Secretariat: The Organ That Runs
The Secretariat is the engine room of the Organisation.
Composition and appointment: Article 97
Article 97: "The Secretariat shall comprise a Secretary-General and such staff as the Organization may require. The Secretary-General shall be appointed by the General Assembly upon the recommendation of the Security Council. He shall be the chief administrative officer of the Organization."
The appointment has two steps:
- The Security Council recommends.
- The General Assembly appoints.
Because the recommendation is not a procedural matter, each permanent member holds a veto over it. In practice, the term of the Secretary-General is five years, and it may be renewed.
Functions: Article 98
Article 98: "The Secretary-General shall act in that capacity in all meetings of the General Assembly, of the Security Council, of the Economic and Social Council, and of the Trusteeship Council, and shall perform such other functions as are entrusted to him by these organs. The Secretary-General shall make an annual report to the General Assembly on the work of the Organization."
The alarm bell: Article 99
The engine room also has an alarm bell, and only the Secretary-General can ring it.
Article 99: "The Secretary-General may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security."
It is a political power, used sparingly.
On 6 December 2023, Secretary-General António Guterres formally invoked Article 99 for the first time in his tenure, urging the Security Council to act on the humanitarian catastrophe in Gaza.
Independence of the Secretariat: Article 100
For this office to be trusted, it must be independent. Article 100 builds a wall with two faces.
Article 100(1): "In the performance of their duties the Secretary-General and the staff shall not seek or receive instructions from any government or from any other authority external to the Organization. They shall refrain from any action which might reflect on their position as international officials responsible only to the Organization."
Article 100(2): "Each Member of the United Nations undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their responsibilities."
| Point | Article 100(1) | Article 100(2) |
|---|---|---|
| Faces | Inward | Outward |
| Duty is on | The Secretary-General and the staff | Each member state |
| Content of the duty | Not to seek or receive instructions from any government or outside authority; to act only as international officials | To respect the exclusively international character of their responsibilities and not to seek to influence them |
The duty of independence runs both ways. Officials must not take orders, and governments must not try to give them.
International Court of Justice: The Organ That Judges
Principal judicial organ: Article 92
Article 92: "The International Court of Justice shall be the principal judicial organ of the United Nations. It shall function in accordance with the annexed Statute, which is based upon the Statute of the Permanent Court of International Justice and forms an integral part of the present Charter."
The Court's 15 judges, its jurisdiction and its procedure are found in its own Statute, which is modelled on the court of the League of Nations era, the Permanent Court of International Justice. The Statute forms an integral part of the Charter.
Parties to the Statute: Article 93
Article 93(1): "All Members of the United Nations are ipso facto parties to the Statute of the International Court of Justice."
Ipso facto means "by that very fact". Joining the United Nations automatically makes a state a party to the Statute.
Article 93(2): "A state which is not a Member of the United Nations may become a party to the Statute of the International Court of Justice on conditions to be determined in each case by the General Assembly upon the recommendation of the Security Council."
Switzerland used the route in Article 93(2) in 1948, more than fifty years before it joined the United Nations in 2002.
Being a party to the Statute is not the same as accepting the Court's jurisdiction in a particular case. Jurisdiction still depends on the consent of the states concerned.
Compliance and enforcement: Article 94
Article 94(1): "Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party."
Article 94(2): "If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment."
The Court has no police of its own. Enforcement of its judgments travels through the Security Council, and with it, through the veto.
Other tribunals: Article 95
The Court is the principal judicial organ, but not the exclusive one.
Article 95: "Nothing in the present Charter shall prevent Members of the United Nations from entrusting the solution of their differences to other tribunals by virtue of agreements already in existence or which may be concluded in the future."
India and Bangladesh maritime boundary arbitration (2014): the dispute over India's maritime boundary with Bangladesh was not taken to the International Court of Justice. Held: it was settled by an arbitral tribunal set up under the Law of the Sea Convention, which delivered its award on 7 July 2014. Principle: under Article 95, members are free to entrust their disputes to tribunals other than the International Court of Justice.
Advisory jurisdiction: Article 96
The Court also advises.
Article 96(1): "The General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question."
Article 96(2): "Other organs of the United Nations and specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities."
| Who | Can it request an advisory opinion? | On what |
|---|---|---|
| General Assembly and Security Council | Yes, directly | Any legal question |
| Other organs of the United Nations and specialised agencies | Only if authorised by the General Assembly | Only legal questions arising within the scope of their activities |
| States | No | Cannot ask at all |
Advisory opinion on the obligations of states in respect of climate change (2025): the General Assembly requested this advisory opinion in 2023. Held: the Court delivered the opinion unanimously on 23 July 2025. Principle: the General Assembly may request an advisory opinion on any legal question under Article 96(1).
Advisory opinions are not binding in themselves, but they carry great legal authority.
Economic and Social Council: The Organ That Builds
Peace is not only the absence of war. It also needs health, work, education and trade, and that is the field of the Economic and Social Council.
Composition: Article 61
Article 61(1): "The Economic and Social Council shall consist of fifty-four Members of the United Nations elected by the General Assembly."
Article 61(2): "Subject to the provisions of paragraph 3, eighteen members of the Economic and Social Council shall be elected each year for a term of three years. A retiring member shall be eligible for immediate re-election."
Article 61(3) is a transitional rule for the first election after the Council grew from 27 to 54 members, which happened in 1973.
Article 61(4): "Each member of the Economic and Social Council shall have one representative."
Picture a three-year degree course. Every year one batch graduates and a new batch joins, so the classroom is always full and always mixed. In the same way, 18 seats of the Economic and Social Council change every year, and the total stays at 54.
| Point | Security Council (non-permanent members) | Economic and Social Council |
|---|---|---|
| Provision | Article 23(2) | Article 61(2) |
| Elected members | 10 | 54 |
| Term | Two years | Three years |
| Seats falling vacant each year | 5 | 18 |
| Immediate re-election of a retiring member | Not allowed: it must sit out (the cricket bowler) | Allowed: it may be re-elected at once |
Voting: Article 67
Article 67: "Each member of the Economic and Social Council shall have one vote." "Decisions of the Economic and Social Council shall be made by a majority of the members present and voting."
Functions and powers: Article 62
Article 62(1): "The Economic and Social Council may make or initiate studies and reports with respect to international economic, social, cultural, educational, health, and related matters and may make recommendations with respect to any such matters to the General Assembly, to the Members of the United Nations, and to the specialized agencies concerned."
Article 62(2): "It may make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all."
Article 62(3): "It may prepare draft conventions for submission to the General Assembly, with respect to matters falling within its competence."
Article 62(4): "It may call, in accordance with the rules prescribed by the United Nations, international conferences on matters falling within its competence."
So the Council:
- studies (Article 62(1));
- recommends (Article 62(1) and Article 62(2));
- drafts conventions (Article 62(3)); and
- convenes international conferences (Article 62(4)).
The Economic and Social Council drafts conventions only for submission to the General Assembly. It cannot adopt a treaty by itself.
Specialised agencies: Article 63
Specialised agencies are independent international organisations linked to the United Nations by agreement, such as the World Health Organization and the International Labour Organization.
Under Article 63, the Economic and Social Council makes these agreements with the specialised agencies, subject to approval by the General Assembly. Article 63(2) adds:
Article 63(2): "It may co-ordinate the activities of the specialized agencies through consultation with and recommendations to such agencies and through recommendations to the General Assembly and to the Members of the United Nations."
Relationship with the Security Council: Article 65
Article 65: "The Economic and Social Council may furnish information to the Security Council and shall assist the Security Council upon its request."
Notice the difference between "may" and "shall". Furnishing information to the Security Council is optional. Assisting the Security Council on its request is a duty.
Trusteeship Council: The Organ That Protected
The verb for the Trusteeship Council is in the past tense, "protected", because its work is over. The best way to understand it is to begin at its end.
The end of its work
- 1 October 1994: Palau, a group of Pacific islands that formed part of the Trust Territory of the Pacific Islands administered by the United States, became independent. It was the last trust territory left.
- 1 November 1994: one month later, the Trusteeship Council suspended its operations. It had nothing left to supervise.
Origin: from mandates to trusteeship
After the First World War, the League of Nations placed territories taken from the defeated powers under its mandate system, with an administering state answerable to the League. When the United Nations replaced the League, the Charter created:
- the international trusteeship system in Chapter XII; and
- the Trusteeship Council in Chapter XIII, from Article 86 to Article 91.
Territories covered: Article 77(1)
Article 77(1): "The trusteeship system shall apply to such territories in the following categories as may be placed thereunder by means of trusteeship agreements: (a) territories now held under mandate; (b) territories which may be detached from enemy states as a result of the Second World War; and (c) territories voluntarily placed under the system by states responsible for their administration."
- Territories then held under mandate
- Territories detached from enemy states as a result of the Second World War
- Territories voluntarily placed under the system by the states responsible for their administration
In each case, a territory entered the system by means of a trusteeship agreement.
Objective: guardianship, not ownership (Article 76(b))
The idea was guardianship, not ownership. Among the basic objectives listed in Article 76, sub-paragraph (b) sets out the duty:
Article 76(b): "to promote the political, economic, social, and educational advancement of the inhabitants of the trust territories, and their progressive development towards self-government or independence as may be appropriate to the particular circumstances of each territory and its peoples and the freely expressed wishes of the peoples concerned, and as may be provided by the terms of each trusteeship agreement;"
Composition: Article 86
Under Article 86, the members of the Trusteeship Council were:
- the states administering trust territories;
- the permanent members of the Security Council that administered no trust territory; and
- enough members elected by the General Assembly for three-year terms to divide the Council equally between administering and non-administering states.
Functions: Article 87
Under Article 87, acting under the authority of the General Assembly, the Trusteeship Council:
- considered the reports of the administering authorities;
- accepted and examined petitions; and
- arranged periodic visits to the trust territories.
Eleven territories passed through the trusteeship system, and every one of them reached self-government or independence, either as a separate state or by joining a neighbouring country.
Why it still appears in the Charter: Article 108
Removing a principal organ needs a formal amendment of the Charter under Article 108. Such an amendment must be:
- adopted by a vote of two-thirds of the members of the General Assembly; and
- ratified by two-thirds of the members of the United Nations, including all the permanent members of the Security Council.
No such amendment has been made. So today the Trusteeship Council consists only of the five permanent members of the Security Council, and it meets only when the occasion requires.
The Trusteeship Council suspended its operations on 1 November 1994 but has not been abolished. It remains a principal organ under Article 7 because no amendment under Article 108 has removed it.
Solving the Three Problems
Problem 1 (Security Council resolution): the resolution had 13 yes votes, comfortably above the 9 required. The elected member's no vote is not a veto, because only a permanent member can veto. The permanent member only abstained, and by settled practice an abstention does not block adoption. The resolution is adopted.
Problem 2 (General Assembly budget): 20 states abstained and 3 were absent, so only 170 members were present and voting (120 yes and 50 no). The budget is an important question, needing two-thirds of the members present and voting. Two-thirds of 170 is a little over 113. With 120 yes votes, the budget is approved.
Problem 3 (island state in arrears): three years of unpaid dues will normally equal or exceed two full years of contributions, so under Article 19 the island state loses its vote in the General Assembly. But if the Assembly is satisfied that the cyclone was a condition beyond the state's control, it may permit the state to vote. Either way, it remains a member of the United Nations.
Quick revision
- Security Council acts: its decisions bind members (Article 25).
- General Assembly talks: it discusses, recommends and holds the purse (Article 17).
- Secretariat runs: it runs the Organisation, and the Secretary-General rings the alarm under Article 99.
- International Court of Justice judges and advises: it decides disputes and gives advisory opinions (Article 96).
- Economic and Social Council builds: it builds the conditions for peace.
- Trusteeship Council protected: it supervised trust territories until its work was done in 1994.
