Introduction
The United Nations was established on 24 October 1945 in the aftermath of the Second World War with the primary purposes of maintaining international peace and security, developing friendly relations among nations, and promoting international cooperation. As an organisation aspiring to near-universal membership, the United Nations operates within a carefully structured legal framework that governs the admission, suspension, expulsion, and, by implication, withdrawal of Member States.
The principal provisions regulating membership are contained in Articles 3 to 6 of the Charter of the United Nations, read together with the voting requirements of Article 18.
Original Members
Article 3 of the Charter confers original membership on those States that participated in the United Nations Conference on International Organization at San Francisco in 1945, or that had previously signed the Declaration by the United Nations of 1 January 1942, and that subsequently signed and ratified the Charter.
At the formal establishment of the Organisation in 1945, there were fifty-one original Members.
Admission of New Members
Admission of new members is governed by Article 4 of the Charter.
Substantive Requirements (Article 4(1))
An applicant state must satisfy five cumulative conditions:
- It must be a state;
- It must be peace-loving;
- It must accept the obligations contained in the Charter
- It must be able to carry out those obligations; and
- It must be willing to carry out those obligations.
These criteria were authoritatively interpreted by the International Court of Justice in its 1948 Advisory Opinion on Conditions of Admission of a State to Membership in the United Nations, which confirmed that the five conditions are exhaustive and that additional political considerations may not lawfully be imposed.
Procedural Requirements (Article 4(2))
Admission requires concurrent action by the two principal organs:
- The candidate state submits a formal application containing a declaration of acceptance of Charter obligations;
- The Security Council must recommend the application (a decision subject to the veto of any permanent member); and
- The General Assembly must approve the recommendation by a two-thirds majority of the Members present and voting (Article 18(2)).
Suspension of Rights and Privileges
Article 5 of the U.N. Charter provides for the suspension of the rights and privileges of a member state against which the Security Council has taken preventive or enforcement action. Examples may include acts of aggression, threats to international peace and security, and other serious violations that lead the Security Council to take such action.
Suspension may be imposed on a member state against which the Security Council has taken preventive or enforcement action. The General Assembly may suspend its rights and privileges on the recommendation of the Security Council. The Security Council also has the authority to restore those rights and privileges.
Suspension is temporary in nature. It does not terminate the membership of the State concerned, nor does it free the State from its obligations under the U.N. Charter.
Expulsion of Members
Under Article 6 of the U.N. Charter, a Member State may be expelled from the United Nations if it has persistently violated the principles of the Charter. Examples include repeated acts of aggression, unlawful use of force, violations of the sovereignty of other states, and continuous disregard for the peaceful settlement of international disputes.
The procedure for expulsion requires a recommendation from the Security Council, followed by approval by the General Assembly through a two-thirds majority of members present and voting.
Expulsion is the most severe action that can be taken against a Member State under the Charter. However, this provision has never been applied in practice. The United Nations has generally preferred diplomatic efforts and continued engagement rather than expelling a member state.
Withdrawal from the U.N.
Unlike the Covenant of the League of Nations, the U.N. Charter contains no express provision for the voluntary withdrawal of a member state. However, withdrawal may be contemplated in exceptional circumstances, such as serious disagreement with U.N. policies, inability to accept amendments to the Charter, or the Organisation’s failure to maintain international peace and security.
During the San Francisco Conference (1945), it was recognised that, although withdrawal should not be encouraged, a Member State might withdraw under exceptional circumstances. For example, withdrawal might be considered if an amendment to the Charter seriously affected the rights of a State and it was unable to accept it, or if the Organisation failed to maintain international peace and security.
Indonesia’s Withdrawal from the U.N. (1965–1966)
The most important example of withdrawal arose in 1965, when Indonesia announced its decision to withdraw from the U.N. in protest against Malaysia’s election to a non-permanent seat on the Security Council. The U.N. did not treat this announcement as a formal termination of membership and left Indonesia’s seat vacant. In September 1966, Indonesia decided to resume full participation in the Organisation. The General Assembly accepted this as a resumption of its earlier membership rather than a fresh admission.
Thus, the Indonesian episode remains an important practical example of the question of withdrawal from the United Nations.
Difference Between Suspension, Expulsion and Withdrawal
Note: Suspension is temporary in nature and continues until the Security Council restores the suspended rights and privileges of the Member State. Expulsion results in the permanent termination of membership, unless the State is subsequently readmitted. Withdrawal refers to the voluntary cessation of membership; however, the U.N. Charter does not prescribe any specific procedure or duration for it.
Comparative Overview
| Feature | Suspension (Art. 5) | Expulsion (Art. 6) | Withdrawal |
|---|---|---|---|
| Legal Nature | Temporary loss of rights and privileges | Permanent termination of membership | Voluntary cessation of participation |
| Primary Trigger | Preventive or enforcement action by the Security Council | Persistent violation of Charter Principles | Unilateral political decision of the Member |
| Express Charter Basis | Yes | Yes | No (silence of the text) |
| Decision-Making Organs | Security Council recommendation + General Assembly decision | Security Council recommendation + General Assembly decision | Unilateral act, acknowledged in practice by the Organisation |
Conclusion
Membership of the United Nations provides States with important rights and privileges, but it also imposes certain legal responsibilities. Articles 3 to 6 of the U.N. Charter lay down the rules relating to membership, admission, suspension and expulsion. These provisions ensure that membership remains open to peace-loving States that are willing and able to fulfil their obligations under the Charter. While suspension and expulsion help maintain discipline within the Organisation, the absence of an express provision for withdrawal reflects the aim of promoting universal membership. The Indonesian episode of 1965–66 also shows how practical difficulties can be resolved through diplomatic efforts and flexible interpretation. Thus, U.N. membership plays an important role in promoting international cooperation, peace and security.
