September 16, 2019
Username:
 In 2026 - Clarification of Article 51

Topic: 2026 – Clarification of Article 51
Country: Slovenia
Delegate Name: Cohen Smith

Article 51 of the UN charter states that “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations,” meaning that the UN itself will not inhibit any countermeasures taken by members to defend themselves (“Chapter VII: Article 51”). This loose wording has led to much confusion over the actual meaning of what is and what isn’t allowed under Article 51. These questions arise from the Vienna Convention on the Law of Treaties, pre-emptive strikes, and how the report given to the Security Council explaining each invocation of Article 51 should be provided.
Slovenia stresses the importance of the right to self-defense under Article 51 to member-states. During the Security Council meeting over the current Russia-Ukraine war, Slovenia defended Ukraine’s response to Russia by condoning Ukraine’s self-defense. Slovenia also supported aid sent to Ukraine to support their self-defense, but not to Russia, for being the aggressor in the conflict (Ministry of Foreign and European Affairs). Slovenia is a firm believer in the rule of international law and believes that states should follow and uphold international law, and in the event of a violation, Slovenia calls for any member state’s actions to counteract the violation not to be impaired in any way. Slovenia calls for the supply of weapons to defending nations, such as Ukraine, not to be impaired in any way. As stated by the defense minister of Slovenia, “Slovenia has never imposed any limitations on Ukraine for the use of weapons it supplied it for the fight against Russia’s aggression” (STA). This also includes the use of force against the domestic territory of an aggressor state. Slovenia believes that states should work together to de-escalate tensions and prevent any strikes from being made in the first place, and as such, condemns pre-emptive strikes against other nations. Slovenia desires that Article 51 will not be utilized in any manner other than to protect the member state in a scenario of strictly self-defense in any scenario.
As a member of both the EU and NATO, Slovenia believes that any conflicts should be settled through peace talks and not force. Slovenia does not wish for any state be required to resort to force in order to settle differences among other nations. This also means that Slovenia desires to have stricter limitations on what Article 51 can be used as justification for. Slovenia does not desire a relatively minor conflict between states to escalate into armed conflict, and as such, believes that Article 51 should be used only when a fellow member is in a situation where the conflict is irreversible in its severity.

Works Cited
“Chapter VII: Article 51 — Charter of the United Nations — Repertory of Practice of United Nations Organs — Codification Division Publications.” OFFICE OF LEGAL AFFAIRS |, https://legal.un.org/repertory/art51.shtml. Accessed 10 February 2026.
Ministry of Foreign and European Affairs. “Highlights of Slovenia’s activities in the UN Security Council in June 2024.” 3 July 24, https://www.gov.si/en/news/2024-07-01-highlights-of-slovenias-activities-in-the-un-security-council-in-june-2024/#:~:text=Slovenia%20once%20again%20drew%20attention,UNSC%20resolutions%20(DPRK%20equipment). Accessed 10 February 2026.
STA. “Šarec says Slovenia did not limit Ukraine’s use of donated weapons.” 28 May 2024, https://english.sta.si/3305648/sarec-says-slovenia-did-not-limit-ukraines-use-of-donated-weapons. Accessed 16 February 2026.