The United Nations Policy

Running head: SPEECH OF DONALD TRUMP AND VIOLATION OF INTERNATIONAL
LAW
SPEECH OF DONALD TRUMP AND VIOLATION OF INTERNATIONAL LAW
Name of the Student:
Name of the University:
Author Note:

SPEECH OF DONALD TRUMP AND VIOLATION OF INTERNATIONAL LAW1
Introduction
The use of force in order to deal with the other countries are guided by the United
Nations (U.N) policies. The aim of the United Nations is to promote peace and tranquility
towards the world, establishment of human rights and international law. This paper will discuss
about the controversial speech made by the President of United States of America Mr. Donald
Trump in United Nations General Assembly meeting on 19th September, 2017 about the status of
United States of America with North Korean crisis. The President in the meeting has mentioned
about the power of the United States of America. The speech has been criticized as the most
violent speech in the United Nations. The President of America addressed to North Korea’s
leader Kim Jong Un as the “Rocket Man” and threatened North Korea if the Nuclear use was not
eliminated. According to Trump the United States of America is a strong nation and if it is
necessary to enforce the power in order to protect America or the allied nations then USA will
not go back to create a defense. Trump added if the circumstances arise then North Korea will be
totally destroyed and by criticizing Kim Jong Un added that all of the regime was on a self-
destruction assignment. This paper will discuss about the use of force, and the role of United
Nations to safeguard the rights of the states and the charters followed by the United Nations will
be discussed and situations where there are exceptions will be discussed with a variety of case
laws. It will discuss deeply about the expression use of force and the remedies available to the
nations for safeguarding the country.

SPEECH OF DONALD TRUMP AND VIOLATION OF INTERNATIONAL LAW2
Discussion
United Nations (U.N.)
The United Nations is an intergovernmental organization and the goal of this organization
is to ensure peace and security on an international perspective, create a repo among the countries
and to serve harmony in the world. The United Nations came into existence after the World War
II and it came to eliminate further war situations in the world. The headquarter of United Nations
is situated at the New York city. In the year 1945 the governments of 50 countries met at the San
Fransisco and started the formation of the UN Charter. The Charters of United Nations was made
to conserve peace, uphold the human rights, provide sustainable development and humanitarian
aid1. The United Nations started with a member of 51 countries and at present the number has
increased by 193 countries2. At the introductory stage United Nations aim to protect the world
piece was very much complicated as because of the cold war situation between US and USSR
(Soviet Russia and the allied countries)3. Membership of United Nations increased gradually
from the year 1960 as the decolonization took place in the world. The organization consists of
six parts and they are- The General Assembly, The Security Council, The Economic and Social
Council (ECOSOC), The Trusteeship Council and the International Court of Justice (ICJ) and
The UN Secretariet.
The Use of Force
Article 2 (4) of the United Charter says every state in order to maintain the international
relation should be restrained from threat or use of force towards any other country which leads to
1Fassbender, Bardo. "The United Nations Charter as constitution of the international community." Colum. J.
Transnat'l L. 36 (1998): 529.
2 Simma, Bruno, ed. The charter of the United Nations. OUP, 1995.
3 McCauley, Martin. The Cold War 1949-2016. Taylor & Francis, 2017.

SPEECH OF DONALD TRUMP AND VIOLATION OF INTERNATIONAL LAW3
harm the political freedom of the country or any act contrary to the principle of the U.N. All the
members of the United Nations had approved this law. The United Nations General Assembly
resolution defined the term Aggression in Article 1. According to the definition, use of armed
force by a country in order to effect the other country on the sovereignty, territorial integrity and
political independence or any other act which are against the purpose of the Charters of the
United Nations can be considered as the Aggression. The element for aggression is considered as
the use of force and according to the U.N. Charter contravention of law is not allowed even at the
time of war situation4.
The use of force is barred according to the United Nations Charter however, there are
certain exceptions to use of force and those points can be described under follows5.
Self Defense
The first exception to the use of force is the self-defense. Article- 51 of the UN Charter
says that in case of any armed attack on any member country of the United Nation the victim
country can use the inherent power of self-defense until the security measures have been taken
by the Security Council to maintain the peace and tranquility. The member country who has
exercised the self-defense must communicate to the Security Council and it should not effect on
the security council responsibilities6.
The Caroline Incident (1837) was led to the independence movement involving the
United States, Britain and the Canada. On December 1837 Willian Lyon Mackenzie along with
other Canadian freedom fighters with support from the citizens of United States flew to an Island
in Niagra River in a ship named Caroline. The British Militants crossed the Niagra River to
4 Gray, Christine. International law and the use of force. Oxford University Press, 2018.
5 Bowring, Bill. "The degradation of international law?." Law After Ground Zero. Routledge-Cavendish, 2017. 3-19.
6 Brunnée, Jutta, and Stephen J. Toope. "Self-Defence against Non-State Actors: Are Powerful States Willing but
Unable to Change International Law?." International & Comparative Law Quarterly 67.2 (2018): 263-286.