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Remarks by Ambassador GENG Shuang at the Open Arria Formula Meeting "Upholding the collective security system of the UN Charter: the use of force in international law, non-state actors and legitimate self-defense"

2021-02-24 06:08

Mr. Chair,

China welcomes this Arria Formula meeting organized by Mexico on the use of force in international law and thanks Professor Modirzadeh for her briefing.

Maintaining international peace and security is the primary purpose of the United Nations, as is stated in the preamble of the Charter of the United Nations, "We the peoples of the United Nations determined to save succeeding generations from the scourge of war". The use of force relates to the purposes and principles of the UN Charter, the international order based on international law and has great impact on international peace and security. It is of great concern to all parties. In this regard, China would like to share the following points:

First, the principle of non-use of force must be firmly safeguarded. "All Members shall refrain in their international relations from the threat or use of force". This is a norm of international relations and a fundamental principle of international law established by the UN Charter. It is interrelated with other principles established by the UN Charter, including sovereign equality, non-interference in internal affairs and peaceful settlement of disputes. All these principles together constitute the cornerstone of international consensus on the maintenance of international peace and security. At the High-level Meeting to Commemorate the 75th Anniversary of the United Nations, Secretary-General Guterres noted that a great achievement of the United Nations was avoiding a third world war and military confrontation between the major powers. The principle of non-use of force has made significant contributions in this regard.

Second, the right of self-defense must be exercised in strict accordance with international law. Self-defence is an exception to the principle of non-use of force. The provisions on the right of self-defence in Article 51 of the UN Charter should be interpreted faithfully and in good faith, and should not be abused. The exercise of the right of self-defense shall be in strict compliance with the provisions of the UN Charter and relevant rules of customary international law. The use of force against non-state actors in the territory of another state, which is for the purpose of self-defence, shall be subject to the consent of the state concerned. No state should interfere in other's internal affairs under the cloak of "counter-terrorism" or use force arbitrarily in the name of "preventive self-defence".

Third, the integrity and authority of the Security Council must be firmly upheld. The Security Council has the primary responsibility for maintaining international peace and security, and plays as the core of the international collective security mechanism. In exercising the right of self-defence, Member States should fulfil their reporting obligations to the Security Council in accordance with the UN Charter. On major issues concerning international peace and security, Member States should respect the authority of the Security Council, support its work and implement its resolutions. No country is allowed to bypass the Security Council or pursue a selective approach to advance its own interests.

Mr. Chair,

As a founding member of the United Nations and a permanent member of the Security Council, China is ready to work with the international community to uphold multilateralism, pursue the rule of law, oppose the unlawful use of force, defend the collective security mechanism, and safeguard the international order and the international system centered on the purposes and principles of the UN Charter.

Thank you, Mr. Chair.

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