The claim
Articles 106 and 107 of the UN Charter authorize Russia to attack Ukraine because the articles allow the victorious powers of World War II (including Russia) to take certain measures. This works without the consent of the other “winning countries”; notification to the latter is sufficient.
Our conclusion
Incorrect! In addition to the fact that both articles are now outdated and therefore no longer relevant to the Charter, the UN only allows armed force in defense or after the approval of the Security Council. Therefore, neither article enables Russia to wage a war of aggression in Ukraine.
Background information: The UN Security Council
At the end of the Second World War, the United Nations was founded in 1945. 50 states signed a founding treaty - the UN Charter - and thereby assured that they would adhere to it.
The UN Security Council has five permanent members with veto power: France, Russia, Great Britain, the USA and China. There are ten other non-permanent members, which means that a country can never decide on anything alone. UN Charter the countries in the Security Council determine “whether there is a threat or breach of the peace or an act of aggression; “It shall make recommendations or decide on measures to be taken pursuant to Articles 41 and 42 in order to maintain or restore international peace and security.”
The reference to Articles 41 and 42 in this quote can be traced back to the fact that these two articles provide approaches to how to proceed in the event of a threat to peace. Article 41 is primarily concerned with diplomatic approaches and sanctions that can be imposed on a country, such as the “complete or partial interruption of economic relations, rail, sea and air transport, […] and the severance of diplomatic relations “.
Only if this is unsuccessful will military approaches be considered (Article 42). Without UN approval, a country may only use armed force when it needs to defend itself against an attack (Article 51).
Various posts about the UN Charter on Facebook and Telegram
The claim on Facebook or Telegram states that Articles 106 and 107 of the UN Charter give Russia, as the legal successor to the Second World War, the right “to take all measures, including military ones, (…) for attempts to revive National Socialism. “In addition, the founding treaty literally states: “Russia has the right to punish Nazis everywhere.”


What is the content of Article 106?
Both articles used in the claims date back to the founding of the UN. Article 106 states that the “parties to this Declaration” shall contact each other if concrete measures need to be taken to maintain peace. This regulation should apply until the Security Council can carry out its work under Article 42.
The “parties to this statement” are misinterpreted in the post on Telegram. The author apparently assumes that “the three winning countries” (of the Second World War) are meant. Furthermore, the content of Article 106 definitely does not mean that in the event of an attack on another country, Russia has to notify (only) these winning countries, because the Security Council has already been carrying out its duties for a long time.
Patrick Rosenow from the German Society for the United Nations (DGVN) provided further information on Article 106 to Correctiv . He declares that “the five permanent members of the UN Security Council (P5) must assume their special responsibility for maintaining international peace and security.” Actually, the Security Council should be provided with armed forces from the countries. “But that never happened because no state was prepared to make parts of its national armed forces unconditionally available to an international body.”
Therefore, the article should be a practical transitional regulation, which is now actually no longer relevant, because either the Security Council as a whole decides on peacekeeping measures or not (e.g. in the case of a veto by at least one of the P5). That's why there were repeated suggestions to delete the article. However, this is a lengthy process, which is why it has not happened yet, said Rosenow. The same applies to Article 107.
Article 107 is no longer relevant either
The so-called enemy states clause is the term of Article 107. This concerns measures that are to be taken against the enemy states of the signatories as a result of the Second World War. These would neither be overridden nor prohibited by the charter.
What is interesting is that there are no longer any enemy states , because every state that was considered an enemy state during the course of the war (including Germany and the Japanese Empire) has now signed the UN Charter and has thus become a member. As a result, it was already proposed in 1995 to also repeal Article 107. Patrick Rosenow also confirms that it is no longer relevant.
Both articles referred to in the post on Telegram have a completely different meaning than what is presented online. In any case, the enemy state clause cannot be applied to Ukraine. It should not be viewed as an enemy state, but on the contrary as one of the founding states of the UN and part of the Soviet Union.
UN condemns Putin's war of aggression
The International Court of Justice in The Hague, the most important judicial body of the United Nations, demanded in March 2022 that Russia should immediately end its illegal intervention in Ukraine. The war in Ukraine also influences the situation within the UN. In April, the General Assembly voted to expel Russia from the UN Human Rights Council. “That is clear,” said Rosenow.
Conclusion :
The claims on Telegram are false. Neither article legitimizes the Russian war of aggression in Ukraine. The UN Charter allows armed force only in the case of defense or if the Security Council agrees. In addition, Articles 106 and 107 contain completely different content than claimed and, since they were written at the time the UN was founded, are no longer relevant anyway.
Sources
Founding treaty - the UN Charter
enemy states clause is a term of Art. 107
Proposal by the UN General Assembly to delete Article 107 (1995)
Paper from the Bundestag Research Service on Article 107 (2017)
Correctiv
dpa
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