Withdrawal from the United Nations

Withdrawal from the United Nations by member states is not provided for in the United Nations Charter. According to the Government Information Office of the Republic of China (Taiwan):[1]

The U.N. Charter deliberately made no provision for the withdrawal of member governments, largely to prevent the threat of withdrawal from being used as a form of political blackmail, or to evade obligations under the Charter. Japan’s withdrawal from the League of Nations in March, 1933 (to signal its repudiation of the League’s condemnation of Japan’s invasion of China) was very much on the minds of the Charter’s drafters. (The other two major Axis powers, Germany and Italy, also withdrew from the League.) Some have questioned, therefore, whether it is even permissible for Members to withdraw from the U.N. The only other example of an effort to withdraw — by Indonesia in 1965 — actually tends to show that withdrawal, at least in the short term, has no force or effect.

The ROC holds this opinion against the fact of its removal from the UN to make way for the People's Republic of China. See China and the United Nations.

Nevertheless, under customary international law, there exists the principle of rebus sic stantibus, or "things standing thus." Under this principle, a state may withdraw from a treaty which has no withdrawal provisions only if there has been some substantial unforeseen change in circumstances, such as when the object of the treaty becomes moot or when a material breach is committed by a treaty party.[2][3] Rebus sic stantibus has been narrowly construed (although not referred to by name) in Articles 61 and 62 of the Vienna Convention on the Law of Treaties. Therefore, under either customary international law or the Vienna Convention, it is unlikely that a state may unilaterally withdraw from the UN unless some fundamental change has occurred.

Syrian withdrawal

In 1958, Syria, which had been one of the 51 original members of the UN, joined with Egypt to form the United Arab Republic and thus gave up its separate representation in the UN. Upon its secession from the United Arab Republic in 1961, Syria resumed its separate membership.[4] This is probably not a true instance of a withdrawal since it can be argued that during the period from 1958-1961 Syria did continue to have UN representation, but as part of the United Arab Republic.

Indonesian withdrawal

Main article: CONEFO
Further information: GANEFO

Indonesia was the first member to attempt to withdraw from the UN. On New Year's Day, 1965, Indonesia, due to its ongoing confrontation with Federation of Malaysia, announced that it would withdraw from the UN if Malaysia were to take a seat on the Security Council. Three weeks later, Indonesia officially confirmed its withdrawal in a letter to the Secretary-General, who merely noted the decision and expressed hope that Indonesia would soon "resume full cooperation" with the organization. After a coup later that year, Indonesia sent a telegram to the Secretary-General saying the country would "resume full cooperation with the UN and [...] resume participation in its activities." Pointing to the telegram as proof that Indonesia saw its absence from the UN as a "cessation of cooperation" rather than a true withdrawal, the General Assembly's president recommended that the administrative procedure for reinstating Indonesia be taken with a minimum of fuss. No objections were raised, and Indonesia immediately resumed its place in the General Assembly. Thus, the questions raised by the first case of withdrawal from the UN were resolved by treating it as if it had not been a withdrawal at all.[5]

U.S. withdrawal

American Sovereignty Restoration Act of 2009. H.R. 1146, 2009-02-24, originally H.R. 1146, 1997-03-20., a bill to end U.S. membership in the UN, was introduced in the United States House of Representatives by Republican Ron Paul in 2005. Such measures have failed to pass by large margins.

Organizations supporting U.S. withdrawal from the UN include:

Philippine withdrawal

On 21 August 2016 at a press conference at his home city of Davao President Rodrigo Duterte threatened to pull the Philippines out of the UN in response to criticism by UN observers who demanded more respect for human rights following ongoing extra-judicial killings initiated by the Philippine Drug War. Duterte responded by stating "My job as President is to protect law-abiding citizens…I was never tasked by any law to protect criminals". He followed these comments by criticizing the UN stating “Maybe we’ll just have to decide to separate from the United Nations” adding he would "Take us out of your organization. You have done nothing anyway."[7] However despite this threat creating a storm of international publicity he claimed it was a joke at a press conference the following day stating “Di ka marunong mag-biro pa (Don’t you know how to joke)? Where will we join? The association of the sunken?” Despite downplaying withdrawing from the UN he remained unapologetic about his own criticism of the organisation. The Philippines foreign minister Perfecto Yasay Jr. stated “We are committed to the UN despite our numerous frustrations with this international agency.”[8]

References

  1. ↑ Freedom from Unjust Exclusion, Government Information Office, Republic of China (Taiwan), Aug. 31, 2005]
  2. ↑ http://www.britannica.com/eb/topic-930525/rebus-sic-stantibus
  3. ↑ http://www.walter.gehr.net/rebusstantibus.html
  4. ↑ http://www.un.org/Overview/growth.htm
  5. ↑ United Nations official web site: Growth in United Nations membership, 1945-present
  6. ↑ http://www.constitutionparty.com/party_platform.php#Foreign%20Policy
  7. ↑ Philippines President Threatens to Quit UN, Sputnik News, Aug. 21, 2016
  8. ↑ Duterte on threat to leave UN: Just joking, The Philippines Star, Aug. 23, 2016
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