Withdrawal from the United Nations
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Withdrawal from the United Nations by member states is not provided for in the
United Nations Charter The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
. According to the
Government Information Office The Government Information Office, Executive Yuan (GIO; ) was a cabinet-level agency of the Executive Yuan of Taiwan (the Republic of China) in charge of promoting government policies and regulating domestic media. History In April 1947, the ...
of Taiwan (the Republic of China): :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 The Axis powers, ; it, Potenze dell'Asse ; ja, 枢軸国 ''Sūjikukoku'', group=nb originally called the Rome–Berlin Axis, was a military coalition that initiated World War II and fought against the Allies. Its principal members were ...
,
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
and
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...
, 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 Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania between the Indian and Pacific oceans. It consists of over 17,000 islands, including Sumatra, Java, Sulawesi, and parts of Borneo and New Guine ...
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 China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
. See
China and the United Nations China is one of the charter members of the United Nations and is one of five permanent members of its Security Council. One of the victorious Allies of the Second World War (the Chinese theatre of which was the Second Sino-Japanese War), the ...
. Nevertheless, under customary international law, there exists the principle of ''
rebus sic stantibus ''Clausula rebus sic stantibus'' (Latin for "things thus standing") is the legal doctrine allowing for a contract or a treaty to become inapplicable because of a fundamental change of circumstances. In public international law the doctrine essentia ...
'', 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. ''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 The Vienna Convention on the Law of Treaties (VCLT) is an international agreement regulating treaties between states. Known as the "treaty on treaties", it establishes comprehensive rules, procedures, and guidelines for how treaties are define ...
. Therefore, under either customary international law or the Vienna Convention, it is unlikely that the U.N. would recognize the right of a state to unilaterally withdraw from the UN unless some fundamental change has occurred. In contrast to these arguments, sovereign states have the right to repudiate any treaty. There are centuries of precedent for this. Also, Article 2 of the United Nations Charter specifically recognises "the principle of the sovereign equality" of all member states of the United Nations.


Indonesian withdrawal

Indonesia Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania between the Indian and Pacific oceans. It consists of over 17,000 islands, including Sumatra, Java, Sulawesi, and parts of Borneo and New Guine ...
was the first member to attempt to withdraw from the UN. On New Year's Day, 1965, Indonesia, due to its ongoing confrontation with
Malaysia Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...
, announced that it would withdraw from the UN if Malaysia were to take a seat on the
Security Council The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, an ...
. Three weeks later, Indonesia officially confirmed its withdrawal in a letter to the
Secretary-General Secretary is a title often used in organizations to indicate a person having a certain amount of authority, power, or importance in the organization. Secretaries announce important events and communicate to the organization. The term is derived ...
, who merely noted the decision and expressed hope that Indonesia would soon "resume full cooperation" with the organization. After a coup later that year and subsequent transition of power, 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 A general assembly or general meeting is a meeting of all the members of an organization or shareholders of a company. Specific examples of general assembly include: Churches * General Assembly (presbyterian church), the highest court of presb ...
. 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.


Proposed U.S. withdrawal

Some right of center organizations in the United States have supported U.S. withdrawal from the UN, including the
John Birch Society The John Birch Society (JBS) is an American right-wing political advocacy group. Founded in 1958, it is anti-communist, supports social conservatism, and is associated with ultraconservative, radical right, far-right, or libertarian ide ...
and Constitution Party. Bills to end U.S. membership in the UN have been introduced in the
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
, for example the ''American Sovereignty Restoration Act of 2009'' (introduced as on February 24, 2009 by
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
Ron Paul) and ''American Sovereignty Restoration Act of 2017'' (, introduced January 3, 2017 by
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
Mike Rogers). Such measures have failed to pass by large margins.


Proposed Philippine withdrawal

In an August 2016 press conference, the
President of the Philippines The president of the Philippines ( fil, Pangulo ng Pilipinas, sometimes referred to as ''Presidente ng Pilipinas'') is the head of state, head of government and chief executive of the Philippines. The president leads the executive branch of t ...
, Rodrigo Duterte—angered at criticism from the United Nations over
extrajudicial killings An extrajudicial killing (also known as extrajudicial execution or extralegal killing) is the deliberate killing of a person without the lawful authority granted by a judicial proceeding. It typically refers to government authorities, whether ...
in the
Philippine Drug War The Philippine drug war, known as the War on Drugs, is the intensified anti-drug campaign of the administration of President Rodrigo Duterte, who served office from June 30, 2016 to June 30, 2022. The campaign reduced drug proliferation in th ...
—threatened to withdraw the Philippines from the United Nations. *Euan McKirdy
Philippines President Rodrigo Duterte insults UN, threatens to leave over criticism
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(August 21, 2016). *Felipe Villamor
Rodrigo Duterte of Philippines Calls U.N. Human Rights Chief an ‘Idiot’
''New York Times'' (December 22, 2016).
Duterte, addressing
United Nations High Commissioner for Human Rights The Office of the United Nations High Commissioner for Human Rights, commonly known as the Office of the High Commissioner for Human Rights (OHCHR) or the United Nations Human Rights Office, is a department of the Secretariat of the United Nati ...
, Zeid Ra’ad al-Hussein said: "Maybe we'll just have to decide to separate from the United Nations. If you are that insulting, son of a bitch, we should just leave." Duterte also stated: "I will burn down the United States if I want. I will burn it down if I go to America." Following a storm of international publicity, Duterte said the next day that his statement about pulling out of the UN was a "joke" while still criticizing the UN.Alexis Romero
Duterte on threat to leave UN: Just joking
''Philippine Star'' (August 24, 2016).
Philippine Foreign Affairs Secretary Perfecto Yasay Jr. stated “We are committed to the UN despite our numerous frustrations with this international agency."


References

{{DEFAULTSORT:Withdrawal From The United Nations United Nations relations Criticism of the United Nations Withdrawment of international organizations