Membership of the United Nations

Introduction

Membership of the United Nations (UN) is governed primarily by Chapter II of the UN Charter, Articles 3–6.

The Charter distinguishes between:

• Original Members of the United Nations;
• Admission of new Members;
• Suspension of membership rights;
• Expulsion from the organisation.

Membership gives a State the opportunity to participate in the work of the UN and imposes corresponding obligations under the Charter.

The basic principle is that membership is open to qualifying peace-loving States that accept and are capable and willing to fulfil the obligations of the Charter.

Legal Basis

The principal provisions are:

Article	Subject
Article 3	Original Members
Article 4	Admission of new Members
Article 5	Suspension of rights and privileges
Article 6	Expulsion
Article 18	General Assembly voting
Article 27	Security Council voting
Article 25	Obligation to accept and carry out Security Council decisions

Original Members

Article 3

The original Members of the UN are those States that:

• participated in the United Nations Conference on International Organization at San Francisco; or
• had previously signed the Declaration by United Nations of 1 January 1942;

and subsequently signed and ratified the Charter in accordance with its requirements.

The original membership therefore arose from the establishment of the organisation in 1945.

Admission of New Members

Article 4

Article 4 is the principal provision dealing with the admission of new Members.

Membership is open to other peace-loving States that:

• accept the obligations contained in the Charter;
• are able and willing to carry out those obligations.

Conditions for Membership

There are therefore several basic requirements:

Statehood

↓

Peace-loving character

↓

Acceptance of Charter obligations

↓

Ability to perform those obligations

↓

Willingness to perform those obligations

↓

Security Council recommendation

↓

General Assembly decision

Meaning of “Peace-Loving State”

The Charter does not provide a detailed definition of a peace-loving State.

The expression should be understood in the context of the purposes and principles of the Charter, particularly:

• peaceful settlement of disputes;
• respect for international peace and security;
• compliance with international obligations.

It is not simply a political label; it forms part of the legal conditions contained in Article 4.

Acceptance of Charter Obligations

A prospective Member must accept the obligations contained in the UN Charter.

These obligations include respect for principles such as:

• sovereign equality;
• peaceful settlement of disputes;
• prohibition of the threat or use of force;
• good-faith performance of Charter obligations;
• cooperation with the UN.

Ability and Willingness

Article 4 requires both:

Ability

The State must be capable of carrying out its Charter obligations.

Willingness

The State must genuinely be prepared to fulfil those obligations.

Therefore, acceptance alone is insufficient if the State is unable or unwilling to perform the obligations of membership.

Procedure for Admission

Admission involves both the Security Council and the General Assembly.

Step One: Application

The State seeking membership submits an application.

Step Two: Security Council

The Security Council considers the application.

A recommendation for admission requires the necessary Security Council vote under Article 27.

Step Three: General Assembly

If the Security Council recommends admission, the matter goes to the General Assembly.

Under Article 18, admission of new Members is an important question, requiring a two-thirds majority of the members present and voting.

Step Four: Admission

Once the General Assembly adopts the necessary decision, the State becomes a Member of the United Nations.

Admission Flowchart

Application by State

↓

Security Council consideration

↓

Security Council recommendation

↓

General Assembly consideration

↓

Two-thirds majority of members present and voting

↓

Admission to UN

Role of the Security Council

The Security Council has a critical role because the General Assembly cannot ordinarily admit a new Member without a Security Council recommendation.

This gives the permanent members of the Security Council significant influence over admission.

Role of the General Assembly

The General Assembly makes the final decision on admission after receiving the Security Council’s recommendation.

Admission therefore requires cooperation between the two principal organs.

Advisory Opinion on Admission

Conditions of Admission of a State to Membership in the United Nations (1948)

The ICJ was asked whether a Member could impose additional conditions for admission beyond those contained in Article 4.

The Court held that the conditions listed in Article 4 are exhaustive and that a Member State cannot make its consent to admission dependent upon additional conditions unrelated to the Charter’s requirements.

This is an important case for understanding the legal requirements of UN membership.

Suspension of Membership Rights

Article 5

A Member State may have its rights and privileges of membership suspended.

This may occur where:

• preventive or enforcement action has been taken against the Member by the Security Council;
• the Security Council recommends suspension;
• the General Assembly adopts the suspension decision.

Important Point

Suspension does not necessarily terminate membership.

It suspends the exercise of specified rights and privileges of membership.

Restoration of Rights

The Security Council may restore the rights and privileges of a suspended Member.

Thus:

Security Council action

↓

Recommendation for suspension

↓

General Assembly decision

↓

Suspension of rights and privileges

↓

Security Council may restore rights

Expulsion

Article 6

A Member may be expelled where it has persistently violated the principles contained in the Charter.

Expulsion requires:

Security Council recommendation

General Assembly decision

This is a much more serious measure than suspension.

Suspension vs Expulsion

Basis	Suspension	Expulsion
Article	Article 5	Article 6
Effect	Rights and privileges suspended	Membership terminated
Ground	Preventive/enforcement action taken by Security Council	Persistent violation of Charter principles
Security Council role	Recommendation	Recommendation
General Assembly role	Decision	Decision
Membership continues?	Generally yes	No

Withdrawal from the United Nations

The UN Charter does not contain an express provision establishing a general right of unilateral withdrawal from the organisation.

This is different from suspension and expulsion, which are expressly regulated by Articles 5 and 6.

The absence of an express withdrawal clause has historically generated discussion about whether and under what circumstances a Member could withdraw under general international law.

Therefore, it is safer in an examination to state:

The UN Charter contains no express provision governing voluntary withdrawal from membership.

Membership and Sovereignty

Membership does not destroy the sovereignty of a State.

The UN is an international organisation created by States, and Member States retain their international legal personality.

However, membership creates international legal obligations under the Charter.

Rights of UN Members

Membership provides States with various rights, including participation in the organisation’s work.

Members may:

• participate in the General Assembly;
• vote in accordance with the Charter;
• participate in UN organs for which they are eligible;
• nominate or participate in elections to relevant organs;
• use UN institutional mechanisms available to Members;
• participate in international cooperation through the UN system.

Obligations of UN Members

Membership also creates important obligations.

Members must:

• fulfil Charter obligations in good faith;
• settle disputes peacefully;
• refrain from prohibited force;
• assist the UN in Charter action;
• comply with applicable Security Council decisions;
• contribute to the expenses of the organisation under Article 17(2).

Article 25

Under Article 25, Members agree to:

accept and carry out the decisions of the Security Council in accordance with the Charter.

This is an important obligation of membership.

Article 17(2)

The expenses of the organisation are borne by Members as apportioned by the General Assembly.

Therefore, financial contribution is also an important consequence of membership.

Loss of Membership

Membership can effectively come to an end through:

• expulsion under Article 6;
• disappearance or dissolution of the State as an international legal entity;
• other circumstances recognised under international law.

However, Article 6 is the express Charter mechanism for expulsion.

Membership and Statehood

A State does not automatically become a UN Member merely because it satisfies the general characteristics of statehood.

UN membership is a separate institutional status.

Therefore:

Statehood ≠ UN membership

A State must satisfy the requirements of Article 4 and complete the admission procedure.

UN Membership and Recognition

UN membership may have substantial international significance, but it should not simply be equated with universal recognition of statehood in every legal context.

The questions of:

• statehood;
• recognition;
• UN membership

are related but legally distinct.

Important Case: Admission Opinion

Conditions of Admission of a State to Membership in the United Nations (1948)

The ICJ’s advisory opinion is the leading authority on Article 4.

The Court emphasised that the Charter’s conditions for membership are the relevant legal conditions and that additional political conditions cannot simply be added by individual Members.

Important Case: Competence of the General Assembly for Admission

Competence of the General Assembly for the Admission of a State to the United Nations (1950)

The ICJ considered the respective roles of the General Assembly and Security Council.

The opinion reinforces the importance of the Charter’s allocation of functions between the two organs.

The General Assembly cannot independently bypass the Security Council’s role in the admission process.

Important Case: Certain Expenses of the United Nations

Certain Expenses of the United Nations (1962)

This case is important for understanding:

• the powers of UN organs;
• the financial obligations of Members;
• the scope of organisational functions.

It helps explain that membership involves not merely political participation but also legal and financial obligations under the Charter.

Membership of New States

When a new State seeks UN membership, the principal legal questions generally concern:

• whether it qualifies as a State;
• whether it is peace-loving;
• whether it accepts Charter obligations;
• whether it is able to carry them out;
• whether it is willing to carry them out;
• whether the Security Council recommends admission;
• whether the General Assembly approves admission.

Membership and the Security Council Veto

Because admission requires a Security Council recommendation, the voting structure of the Council is important.

A negative vote by a permanent member on a substantive matter can prevent the necessary recommendation.

Thus, although Article 4 establishes legal conditions, admission also operates within the political structure of the Security Council.

Membership and the General Assembly Majority

Admission of a new Member is an important question under Article 18.

Therefore, it requires a:

two-thirds majority of members present and voting.

This should be distinguished from the Security Council’s separate voting requirements.

Suspension and Expulsion Flowchart

Member State

↓

Serious Charter-related situation

↙︎　　　　　　　　　↘︎

Article 5　　　　 Article 6

Suspension　　　　 Expulsion

↓

Security Council recommendation

↓

General Assembly decision

Membership Framework

UN Membership

↓

Original Members – Article 3

or

↓

New Members – Article 4

↓

Rights + Obligations

↓

Possible disciplinary consequences:

Article 5 → Suspension

Article 6 → Expulsion

Key Provisions

Article	Provision	Exam Point
Article 3	Original Members	Founding membership
Article 4	Admission	Conditions for new membership
Article 5	Suspension	Suspension of rights and privileges
Article 6	Expulsion	Persistent violation of Charter principles
Article 17(2)	Expenses	Members contribute to UN expenses
Article 18	GA voting	Admission is an important question
Article 25	Security Council decisions	Members accept and carry out applicable decisions
Article 27	Security Council voting	Voting requirements for Council decisions

Admission vs Suspension vs Expulsion

Feature	Admission	Suspension	Expulsion
Provision	Article 4	Article 5	Article 6
Concern	Joining UN	Loss of rights/privileges	Ending membership
Security Council	Recommendation	Recommendation	Recommendation
General Assembly	Decision	Decision	Decision
Main ground	Article 4 conditions	Preventive/enforcement action	Persistent violation
Result	Membership begins	Rights/privileges suspended	Membership ends

Quick Revision

• Articles 3–6 are the core provisions on UN membership.
• Article 3 deals with original Members.
• Article 4 deals with admission of new Members.
• A prospective Member must be a peace-loving State.
• It must accept the obligations of the Charter.
• It must be able and willing to carry out those obligations.
• Admission requires a Security Council recommendation.
• Final admission requires a General Assembly decision.
• Admission is an important question under Article 18 and requires a two-thirds majority of members present and voting.
• Article 5 deals with suspension of rights and privileges.
• Article 6 deals with expulsion for persistent violation of Charter principles.
• The Charter contains no express general provision on voluntary withdrawal.
• UN membership does not eliminate State sovereignty.
• Membership creates both rights and international legal obligations.
• Article 25 concerns compliance with Security Council decisions.
• Article 17(2) concerns Members’ financial contributions.
• The leading ICJ authority on admission is the 1948 Conditions of Admission Advisory Opinion.
• The General Assembly cannot bypass the Security Council’s role in admission.
• Statehood and UN membership are legally distinct concepts.

Exam-Oriented Flowchart

Application for UN Membership

↓

Article 4 Conditions

↓

Peace-loving State?

↓

Accepts Charter obligations?

↓

Able to fulfil obligations?

↓

Willing to fulfil obligations?

↓

Security Council Recommendation

↓

General Assembly Decision

↓

Two-thirds Majority

↓

UN Membership

One-Line Memory Trick

“3–4–5–6 = Original – Admission – Suspension – Expulsion.”

And remember:

Article 4 = Peace-loving + Accept + Able + Willing

Security Council → Recommendation

General Assembly → Admission

Conclusion

Membership of the United Nations is governed principally by Articles 3–6 of the UN Charter. The Charter establishes a structured system under which original Members are recognised, new Members may be admitted, membership rights may be suspended and membership may ultimately be terminated through expulsion.

The most important provision is Article 4, which requires a prospective Member to be a peace-loving State that accepts the obligations of the Charter and is able and willing to carry them out. Admission requires a Security Council recommendation followed by a General Assembly decision.

Articles 5 and 6 provide mechanisms for suspension and expulsion, while membership also carries important obligations concerning good-faith compliance with the Charter, Security Council decisions and financial contributions.

For examinations, the essential sequence is:

Article 3 → Original Members

Article 4 → Admission

Article 5 → Suspension

Article 6 → Expulsion

Article 18 → Two-thirds GA vote for important questions

Article 25 → Carry out Security Council decisions

Article 17(2) → UN expenses

1948 Conditions of Admission → Leading ICJ authority