Which of the following statements about review and amendment of the UN Charter (1945) is incorrect?

Question

Accepted Answer

The correct option is 3:

The question asks to identify the *incorrect* statement regarding the review and amendment of the UN Charter. The UN Charter, established in 1945, is the foundational treaty of the United Nations, and the provisions for its amendment and review are laid out in Chapter XVIII, specifically Articles 108 and 109. Option 3 states: "A general conference of the UN to review the Charter can be held only with the support of two-third members and 10 members of the security council." This statement is incorrect because it inaccurately states the voting requirement in the Security Council for convening a General Conference for Review. According to Article 109, paragraph 1 of the UN Charter, a General Conference of the Members of the United Nations for the purpose of reviewing the present Charter may be fixed by a two-thirds vote of the members of the General Assembly and by a vote of **any nine** members of the Security Council. Therefore, the requirement is nine Security Council members, not ten. This detail is crucial and highlights the specific mechanism designed to make the Charter flexible but difficult to change, ensuring the P5's influence while also necessitating broad membership support.

The incorrect option is 1:

Option 1 states: "Art. 108 and 109 of Chapter 18 of the UN Charter deal with review and amendment provisions." This statement is factually correct, making it a correct statement about the Charter, and thus an incorrect choice for the answer to the MCQ (which asks for the incorrect statement). Chapter XVIII is titled "Amendments," and its two articles, Article 108 and Article 109, deal precisely with the two methods of altering the Charter. Article 108 concerns amendments passed by the General Assembly, while Article 109 concerns convening a General Conference for the purpose of review. These articles formalize the process by which the foundational document can be adapted to changing international circumstances.

The incorrect option is 2:

Option 2 states: "Any amendment in the UN Charter can become effective only when all permanent members of the security council and two-third UN members support it." This statement accurately describes the requirement for an amendment to enter into force, as laid out in Article 108. An amendment requires adoption by a two-thirds vote of the members of the General Assembly *and* ratification by two-thirds of the Members of the United Nations, including all the permanent members of the Security Council (the P5: China, France, Russia, the UK, and the US). This requirement effectively gives the permanent members a veto over any formal amendment to the Charter. This provision is central to the structure of the UN, ensuring that any fundamental change is acceptable to the most powerful states, which is why Option 2 is a correct description of the Charter's rules.

The incorrect option is 4:

Option 4 states: "If such a conference is not organized before 10th annual conference of the General Assembly than it can be organized with the support of majority of Assembly members and 7 security council members." This statement refers to the second part of Article 109, paragraph 3. This provision mandates that if a general review conference has not been held before the tenth annual session of the General Assembly, the proposal to call such a conference must be placed on the agenda of that session. If placed on the agenda at that session, the conference shall be held if so decided by a majority of the members of the General Assembly and by a vote of any seven members of the Security Council. This lower threshold for convening a review conference after ten years was included to ensure that the Charter could be revisited, making this statement factually correct and therefore an incorrect choice for the answer to the MCQ.