Topic: 2026 – Clarification of Article 51
Country: Republic of Korea
Delegate Name: Esther Kim
Article 51 of the UN Charter preserves nations’ inherent right of self-defense within the framework of the prohibition on the use of force. However, due to a lack of regulatory statements, this Article creates room for misuse, which may lead to a disruption of international security. In the absence of detailed provision, the UN relies on customary international law, which states that a response must be necessary and proportionate, without any method to determine these traits. In addition to this, when submitting Article 51 reports, nations are currently having to rely on international state practice, creating inconsistencies in the reports that may be subject to different interpretations. To further the issue, such reports are not regularly acted upon by the Security Council and experience problems with transparency, leading many to doubt the necessity of this report.
First, to establish the scope of the article, South Korea strongly supports the inclusion of anticipatory defense within the definition of self-defense. South Korea itself practices such diligence when handling issues of nuclear threat from the DPRK. In light of the inconsistency regarding Article 51 reports, South Korea encourages all nations to comply with the relevant international regulations. It firmly believes that such reports are necessary in preserving transparency and accountability. The absence of such reports may hinder the peaceful resolution of international disputes.
Further, there are currently debates surrounding the “unwilling or unable” doctrine which is frequently used in tandem with Article 51 to justify the use of force against non-state actors. South Korea recognizes that this doctrine may constitute an infringement of national sovereignty, and advises caution when utilizing it. However, South Korea acknowledges that with the proper regulations, this doctrine can further mitigate international conflicts.
In response to such problems, South Korea seeks to establish clearer definitions and reporting standards under Article 51.
Despite being in support of anticipatory self-defense, South Korea acknowledges that appropriate regulations should be put in place to prevent the abuse of this article. As such, an advisory panel of legal experts in international humanitarian law should be created as a subsidiary body of the Security Council to establish a specific measure to review each incident and determine the proportionality of the response. When the panel determines that an action was disproportionate, it should provide recommendations for possible measures that the SC could take in response.
Article 51 should only be invoked under direct or anticipatory self-defense, including under the “unwilling or unable” doctrine. Under this doctrine, acts of force must adhere to customary laws of necessity and proportionality and should end when the host state is willing or able to address the cause of unrest. The acting state should always seek alternative measures before invoking Article 51, including demanding action from the unwilling host state or attempting to assist the unable host state. When the acting state invokes Article 51 under the “unable” condition, it may incur an obligation to provide reparations should the action later be deemed inconsistent with necessity and proportionality.
Article 51 reports to the SC should be mandatory when a nation decides to take action within the scope of self-defense. Failing to report within 1 month may be weighed against the good faith of the state. By detailing the actions of the aggressor, nations should attempt to justify the necessity and proportionality of the measures taken in self-defense. To review the factual and legal claims made in such reports, the aforementioned advisory panel should be consulted.
South Korea acknowledges that due to a lack of specific requirements in the UN Charter, Article 51 has often been interpreted beyond its legal scope, causing international unrest. To mitigate future abuses of this article, South Korea calls upon member states to clarify and strengthen Article 51 in accordance with customary international laws.
