Author Topic: A LAW WITHOUT TEETH? THE LIMITS AND RELEVANCE OF UN ARTICLE 2(4)  (Read 62 times)

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A LAW WITHOUT TEETH? THE LIMITS AND RELEVANCE OF UN ARTICLE 2(4)
 Noah Jager  August 7, 2025

The UN’s lack of centralized authority, the veto power of the Security Council permanent members, and the inability of the General Assembly to pass binding resolutions have allowed Russia to shield itself from collective security actions under the UN framework.

After the devastation of World War II, the United Nations (UN) was established to prevent future generations from enduring the scourge of war. Founded in 1945 with 51 member states, the organization has since expanded to 193 nations, all pledging to “maintain international peace and security.” In support of this pledge, UN member countries commit to uphold Article 2(4) of the UN Charter, which prohibits the use of force against the territorial integrity or political independence of any state. However, Russia’s invasion of Ukraine raises concerns about the UN’s ability to enforce this principle and has reignited debates over the relevance of Article 2(4). These debates have surfaced repeatedly in response to past conflicts, including North Korea’s attack on South Korea in 1950, NATO’s intervention in Kosovo in 1999, and the U.S.-led invasion of Iraq in 2003.

In the case of Russia’s invasion, structural shortcomings of the UN and a fragmented global response have undermined the enforcement of Article 2(4) and enabled Moscow to evade accountability. The UN’s lack of centralized authority, the veto power of the Security Council (UNSC) permanent members, and the inability of the General Assembly (UNGA) to pass binding resolutions have allowed Russia to shield itself from collective security actions under the UN framework. Additionally, the Global South’s economic and strategic alignments with Russia have reduced the effectiveness of Western-led efforts to hold Moscow accountable, diminishing the consequences of violating Article 2(4). Despite these enforcement issues, the article remains valuable in guiding diplomatic responses and shaping international norms. As seen in Russia’s legal justifications and the UNGA’s resolutions, the prohibition on the use of force continues to provide a universal legal framework and norm to evaluate state behavior.

https://warroom.armywarcollege.edu/articles/un-article-2-4/
The unity of government which constitutes you one people is also now dear to you. It is justly so, for it is a main pillar in the edifice of your real independence, the support of your tranquility at home, your peace abroad; of your safety; of your prosperity; of that very liberty which you so highly prize. But as it is easy to foresee that, from different causes and from different quarters, much pains will be taken, many artifices employed to weaken in your minds the conviction of this truth.  George Washington - Farewell Address