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THE CHARTER OF THE UNITED NATIONS
MONDAY, JULY 9, 1945
UNITED STATES SENATE,
Washington, D.O. The committee met, pursuant to call, at 10:30 a. m., in the caucus room, Senate Office Building, Senator Tom Connally, chairman.
Present: Senators Connally, George, Wagner, Thomas of Utah, Murray, Green, Barkley, Guffey, Tunnell, Hatch, Hill, Lucas, Johnson of California, Capper, La Follette, Vandenberg, White, Austin, and Wiley.
Also present: Numerous other Senators, not members of the committee, including Senators Burton, Hart, Millikin, Brooks, McClellan, Radcliffe, McMahon, Ball, and Ellender; and Congressman Sol Bloom.
The CHAIRMAN. The committee on Foreign Relations will please come to order.
We hope that the audience will be as quiet as possible, so that the witnesses may be heard.
On last Monday, President Truman submitted to the Senate the Charter of the United Nations Organization, which was adopted by 50 nations at San Francisco. The President made a stirring speech, and I desire to insert at this place in the record the address of the President, together with a copy of the Charter.
(The documents referred to are as follows:)
ADDRESS BY THE PRESIDENT OF THE UNITED STATES DELIVERED BEFORE THE SENATE ON JULY 2, 1945, PRESENTING THE CHARTER OF THE UNITED NATIONS, WITH THE STATUTE OF THE INTERNATIONAL COURT OF JUSTICE ANNEXED THERETO
Mr. President and Members of the Senate of the United States:
It is good of you to let me come back among you. You know, I am sure, how
I am appearing to ask for the ratification of the Charter, and the Statute annexed thereto, in accordance with the Constitution.
The Charter which I bring you has been written in the name of "We, the peoples of the United Nations." Those peoples-stretching all over the face of
the earth—will watch our action here with great concern and high hope. For they look to this body of elected representatives of the people of the United States to take the lead in approving the Charter and Statute and pointing the way for the rest of the world.
This Charter and the principles on which it is based are not new to the United States Senate or to the House of Representatives.
Over a year and a half ago, the Senate, after thorough debate, adopted the Connally resolution, which contained the essence of this Charter. It called for "a general international organization based on the principle of the sovereign equality of all peace-loving states, and open to membership by all such states, large and small, for the maintenance of international peace and security." What I am now presenting to the Senate carries out completely this expression of national and international necessity.
Shortly before that, the House of Representatives passed the Fulbright resolution, also favoring the creation of international machinery with participation by the United States.
You and the House of Representatives thus had a hand in shaping the Dumbarton Oaks Proposals, upon which the Charter has been based.
No international document has been drawn in a greater glare of publicity than this one. It has been the subject of public comment for months. This widespread discussion has created the impression in some quarters that there were many points of disagreement among the United Nations in drafting this Charter. Naturally, much more public attention was given to the items of disagreement than to the items of agreement. The fact is that there were comparatively few points upon which there was not accord from the very beginning. Disagreement was reduced to a minimum and related more to methods than to principle.
Whatever differences there were, were finally settled. They were settled by the traditional democratic method of free exchange of opinions and points of view.
I shall not attempt here to go into the various provisions of the Charter. They have been so thoroughly discussed that I am sure you are all familiar with them. They will be so thoroughly discussed on this floor that you and the people of the Nation will all have a complete expression of views.
In your deliberations, I hope you will consider not only the words of the Charter but also the spirit which gives it meaning and life.
The objectives of the Charter are clear. It seeks to prevent future wars. It seeks to settle international disputes by peaceful means and in conformity with principles of justice.
It seeks to promote world-wide progress and better standards of living.
It seeks to achieve universal respect for, and observance of, human rights and fundamental freedoms for all men and women without distinction as to race, language, or religion.
It seeks to remove the economic and social causes of international conflict and unrest.
It is the product of many hands and many influences. It comes from the reality of experience in a world where one generation has failed twice to keep the peace. The lessons of that experience have been written into the document.
The choice before the Senate is now clear. The choice is not between this Charter and something else. It is between this Charter and no Charter at all.
Improvements will come in the future as the United Nations gain experience with the machinery and methods which they have set up. For this is not a static treaty. It can be improved—and, as the years go by, it will be just as our own Constitution has been improved.
This Charter points down the only road to enduring peace. There is no other. Let us not hesitate to join hands with the peace-loving peoples of the earth and start down that road with firm resolve that we can and will reach our goal.
I urge ratification. I urge prompt ratification.
THE WHITE HOUSE, July 2, 1945. To the Senate of the United States:
With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith a certified copy of the Charter of the United Nations, with the Statute of the International Court of Justice annexed thereto, formulated at the United Nations Conference on International Organization and signed in San Francisco on June 26, 1945, in the Chinese, French, Russian, English, and Spanish languages, by plenipotentiaries of the United States of America and forty-nine other nations.
I recommend that the Senate give favorable consideration to the Charter, with the annexed Statute, herewith submitted and advise and consent to its ratification, I enclose a letter of transmittal from the Secretary of State.
HARRY S. TRUMAN. (Enclosures : 1. Letter of transmittal from the Secretary of State; 2. Charter of the United Nations, with annexed Statute of the International Court of Justice-certified copy.)
DEPARTMENT OF STATE,
Washington, June 26, 1945. The PRESIDENT,
The White House. The undersigned, the Secretary of State, has the honor to lay before the President, with a view to its transmission to the Senate to receive the advice and consent of that body to ratification, a certified copy of the Charter of the United Nations, with the Statute of the International Court of Justice annexed thereto, formulated at the United Nations Conference on International Organization and signed in San Francisco on June 26, 1945, in the Chinese, French, Russia, English, and Spanish languages, by plenipotentiaries of the United States of America and forty-nine other nations. Respectfully submitted.
[s] E. R. STETTINIUS, Jr. (Enclosure: Charter of the United Nations, with annexed Statute of the International Court of Justice certified copy.)
THE CHARTER OF THE UNITED NATIONS, INCLUDING THE STATUTE
OF THE INTERNATIONAL COURT OF JUSTICE
CHARTER OF THE UNITED NATIONS
We the peoples of the United Nations, determined to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind; and
to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small; and
to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained; and
to promote social progress and better standards of life in larger freedom; and for these ends to practice tolerance and live together in peace with one another as good neighbors; and
to unite our strength to maintain international peace and security; and
to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest; and
to employ international machinery for the promotion of the economic and social advancement of all peoples; have resolved to combine our efforts
to accomplish these aims. Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations.
CHAPTER I. PURPOSES AND PRINCIPLES
The Purposes of the United Nations are: 1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;
2. 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;
3. To achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and
4. To be a center for harmonizing the actions of nations in the attainment of these common ends.
The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.
1. The Organization is based on the principle of the sovereign equality of all its Members.
2. All Members, in order to ensure to all of them in the rights and benefits resulting from membership, shall fulfil in good faith the obligations assumed by them in accordance with the present Charter.
3. All Members shal settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.
4. All Members 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.
5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.
6. The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.
7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter II.
CHAPTER II. MEMBERSHIP
The original Members of the United Nations shall be the states which, having participated in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by United Nations of January 1, 1942, sign the present Charter and ratify it in accordance with Article 110.
1. Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.
2. The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.
A Member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council. The exercise of these rights and privileges may be restored by the Security Council.
A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.
CHAPTER III. ORGANS
1. There are established as the 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.
2. Such subsidiary organs as may be found necessary may be established in accordance with the present Charter.
The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs.
CHAPTER IV. THE GENERAL ASSEMBLY
1. The General Assembly shall consist of all the Members of the United Nations. 2. Each Member shall have not more than five representatives in the General Assembly.
ARTICLE 10 Functions and Powers
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.
1. The General Assembly may consider the general principles of cooperation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments, and may make recommendations with regard to such principles to the Members or to the Security Council or to both.
2. The General Assembly may discuss any questions relating to the maintenance of international peace and security brought before it by any Member of the United Nations, or by the Security Council, or by a state which is not a Member of the United Nations in accordance with Article 35, paragraph 2, and, except as provided in Article 12, may make recommendations with regard to any such questions to the state or states concerned or to the Security Council or to both. Any such question on which action is necessary shall be referred to the Security Council by the General Assembly either before or after discussion.
3. The General Assembly may call the attention of the Security Council to situations which are likely to endanger international peace and security.
4. The powers of the General Assembly set forth in this Article shall not limit the general scope of Article 10.
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.
2. The Secretary-General, with the consent of the Security Council, shall notify the General Assembly at each session of any matters relative to the maintenance of international peace and security which are being dealt with by the