Provisional Charter of the United Nations Navy

UNITED NATIONS SECURITY COUNCIL

RESOLUTION OF 27 MARCH 2044

Establishing the Provisional Charter of the United Nations Navy

Adopted unanimously at United Nations Headquarters, New York

PREAMBLE

The Security Council,

Recalling its primary responsibility for the maintenance of international peace and security under the Charter of the United Nations;

Recalling the obligation of Member States to accept and carry out decisions of the Security Council;

Recognizing that human activity, infrastructure, commerce, habitation, and strategic capability now extend beyond terrestrial environments;

Recognizing that national military space organizations, military support satellites, and counterspace capabilities already exist, while independent national armed fleets, orbital combat formations, boarding forces, and expeditionary space establishments have not yet become entrenched;

Recognizing that the Mine crisis demonstrated both the necessity and practical possibility of unified multinational operational command in the space domain;

Determined to prevent the foreseeable proliferation of competing independent national military forces into the space domain before such forces become permanent instruments of interstate rivalry;

Affirming that national sovereignty over terrestrial military forces remains unaffected except as expressly provided by existing international law and this Resolution;

Affirming that the Universal Security and Human Rights Mandate and the International Strategic Arms Authority remain binding foundations of lawful force and strategic accountability;

Determined that strategic weapons in the space domain shall exist, if at all, only within a single Security Council-controlled military system subject to independent accountability;

Acting under Articles 24, 25, 29, 39, 43, 46, 47, and 48 and Chapter VII of the Charter of the United Nations;

Determines that the foreseeable proliferation of independent national military forces into the space domain constitutes a threat to international peace and security;

Decides that no Member State shall establish, maintain, direct, or employ an independent military force in the space domain except through lawful assignment to the United Nations Navy;
Establishes the United Nations Navy under the authority of the Security Council as the United Nations military service for the space domain and establishes within it the United Nations Marine Corps as a subsidiary service;
Adopts the Provisional Charter of the United Nations Navy annexed to this Resolution and decides that it shall have binding force upon Member States;
Decides that existing lawful Security Council mandates, operational appointments, delegations, rules of engagement, commissions, assignments, warrant-execution authorities, planetary-defense authorities, and other orders shall continue according to their terms unless expressly superseded;
Calls upon all Member States and United Nations organs to take such legal, administrative, technical, and operational measures as are necessary to give effect to this Resolution and the annexed Charter;
Decides that this Resolution and the annexed Charter take effect immediately upon adoption;
Decides to remain seized of the matter.

ANNEX

PROVISIONAL CHARTER OF THE UNITED NATIONS NAVY

Adopted 27 March 2044

Article I

Definitions

Charter means this Provisional Charter of the United Nations Navy.
United Nations Navy or Navy means the military service established by this Charter and includes the United Nations Marine Corps and all other subsidiary services, commands, units, and components of the Navy unless expressly provided otherwise.
United Nations Marine Corps or Marine Corps means the subsidiary service established within the Navy for boarding, seizure, security, custody, expeditionary, and other personnel-based military capabilities required for naval operations.
Space domain means the domain in which a vehicle or force is operating primarily under orbital mechanics, together with all celestial bodies other than Earth.
Military force in the space domain means an organized military capability designed, maintained, or employed to damage, destroy, seize, compel, disable, or exercise coercive control over persons, spacecraft, facilities, or other targets in or from the space domain.
Strategic weapon means a weapon, weapon system, or military capability designated strategic by the Security Council under applicable law because of its destructive capacity, reach, civilizational consequence, or comparable strategic effect.
Contributing organization means a State, military service, civil space agency, governmental organization, public corporation, or other lawful entity authorized to contribute personnel, spacecraft, equipment, facilities, or other capability to United Nations naval service.
Assignment means an accepted contribution of personnel, spacecraft, equipment, facilities, or other capability to United Nations naval service for an agreed term and under an agreed instrument.

Article II

Establishment and Command

There is established under the authority of the Security Council a United Nations Navy as the United Nations military service responsible for military force in the space domain.
There is established within the United Nations Navy a United Nations Marine Corps as a subsidiary service of the Navy.
The Navy shall exercise military authority only pursuant to the Charter of the United Nations, this Charter, applicable Security Council decisions, the Universal Security and Human Rights Mandate, and other applicable law.
The Military Staff Committee shall retain its existing functions under the Charter of the United Nations without interposing a separate operational command echelon between the Security Council and the United Nations Navy.

Article III

Scope, Monopoly, and Self-Defense

Nothing in this Charter shall alter the authority of a State over its military forces in terrestrial operations.
Military force in the space domain shall be exercised only under the authority of the Security Council through the United Nations Navy.
No State, corporation, organization, or person may establish, maintain, or operate military equipment, weapons, vessels, or facilities in the space domain except under lawful United Nations naval authority.
The United Nations Navy shall constitute the Security Council’s standing military measure for the defense of the space domain.
Nothing in this Charter shall impair the inherent right of individual or collective self-defense recognized by Article 51 of the Charter of the United Nations; where exercise of that right requires organized military force in the space domain, such force shall be exercised through the United Nations Navy.

Article IV

Boundary of the Space Domain

A vehicle or force shall be considered terrestrial while its operation is governed primarily by aerodynamic flight and shall be considered within the space domain while its motion is governed primarily by orbital mechanics or while operating upon a celestial body other than Earth.
A vehicle need not complete a closed orbit before entering the space domain if orbital mechanics have become the primary determinant of its motion.
The trajectory of a terrestrial weapon through space shall not, by itself, place that weapon or its operation within United Nations naval jurisdiction when both the launching force and intended target are terrestrial.
Military force directed from a terrestrial platform against a target in the space domain shall be an exercise of military force in the space domain.
Military force originating from the space domain shall be exercised only through the United Nations Navy notwithstanding that its intended target is terrestrial.

Article V

National Support Systems and Civil Security

Ownership or operation of a spacecraft or satellite by a national military organization shall not, by itself, constitute military force in the space domain.
National systems used for reconnaissance, communications, navigation, early warning, scientific observation, or other non-coercive support functions may remain under national ownership and control.
National military space organizations may continue to operate lawful support systems and terrestrial support infrastructure but shall not organize, direct, or exercise independent coercive military force in the space domain.
Nothing in this Charter shall prohibit lawful civil security, law enforcement, custodial force, or immediate self-defense within the persons, property, spacecraft, or facilities lawfully subject to the actor’s protection or control.
No civil-security, law-enforcement, custodial, or self-defense authority may be organized, armed, equipped, or employed for expeditionary military action, combat against governmental forces, or coercive operations beyond that protective or lawful custodial function.

Article VI

Inspection, Interdiction, Seizure, and Disablement

The United Nations Navy shall enforce the prohibitions established by this Charter.
With reasonable grounds to believe there is noncompliance, the Navy may inspect, interdict, disable, take custody of, or seize prohibited military equipment, weapons, vessels, or facilities, using force when reasonably necessary.
Where safe seizure or custody is not practicable, the Navy may render the prohibited capability incapable of military use.
Seizure under this Article transfers operational custody only and shall not, by itself, determine title, forfeiture, compensation, or final disposition.

Article VII

Universal Security and Human Rights Mandate

The United Nations Navy shall be subject to the same duties under the Universal Security and Human Rights Mandate as the military forces of certified Security Council members.

Article VIII

Strategic Weapons

The United Nations Navy is authorized to possess, maintain, transport, station, deploy, and employ strategic weapons in the space domain pursuant to Security Council authority.
To the extent that any prior treaty or international agreement prohibits or restricts such possession, stationing, deployment, or employment by the United Nations Navy, the obligations created by the Resolution adopting this Charter shall govern.
No State, national military service, private entity, or other organization may possess, station, deploy, or employ strategic weapons in the space domain except through lawful assignment to the United Nations Navy.
All United Nations naval strategic weapons shall be registered with, subject to inspection by, and continuously accountable to the International Strategic Arms Authority.
Possession, custody, or operation by the United Nations Navy shall not, by itself, create strategic release authority. Strategic weapons may be employed only pursuant to Security Council authority and subject to all additional custody, authentication, and employment requirements applicable to the weapon.
Nuclear weapons shall remain subject to the Strategic Command Integrity Protocol and all applicable nuclear custody, authentication, and release requirements.
Nonnuclear strategic systems shall be subject to such additional technical interlocks, inspection requirements, and release controls as the Security Council and International Strategic Arms Authority establish for their class.

Article IX

Terrestrial Facilities and Force

The United Nations Navy may establish and operate terrestrial bases, headquarters, schools, training facilities, ranges, depots, and other facilities necessary for administration, training, logistics, maintenance, medical support, recruiting, launch, recovery, and other support functions with the consent of the territorial State.
On Earth, personnel of the United Nations Navy shall possess no general military, police, or enforcement authority.
On Earth, force may be used only in self-defense or in defense of United Nations personnel, facilities, or property, subject to the Universal Law of Human Rights and other applicable law.
The terrestrial limitation shall not prohibit the launch, direction, or employment from Earth of United Nations naval force against a target in the space domain. Such action shall be governed as military force in the space domain.
Non-coercive rescue, medical, logistics, launch-support, recovery, and disaster-assistance activities remain lawful according to applicable law and host-State consent.

Article X

Contributions and Assignment Terms

The contributing organization shall establish the term of each assignment before the United Nations accepts the contribution.
Upon acceptance, an assignment may not be unilaterally shortened or revoked by the contributor before expiration of the agreed term for political reasons.
Before expiration, the contributor may notify the Navy that the assignment will be renewed or will terminate upon expiration.
Absent express renewal, the assignment terminates at the agreed time.
Expiration shall require prompt release and return or other agreed disposition at the first operationally safe and practicable opportunity.
The United Nations Navy may release an assigned person or asset before expiration when operational requirements permit.
Medical unfitness, technical unfitness, loss of certification, immediate safety necessity, or other bona fide incapacity shall not constitute prohibited political recall and shall be handled according to applicable professional and safety authority.

Article XI

Ownership, Registration, Support, and Operational Command

Nothing in an assignment of an asset shall transfer ownership unless a separate instrument expressly provides for transfer.
National registration of a spacecraft may remain unchanged during United Nations naval service.
Assignment to United Nations naval service shall not, by itself, alter the registration, title, international responsibility, or other legal status of a space object except by separate lawful instrument.
During an accepted assignment, operational military command shall be exercised exclusively through the United Nations naval chain of command.
National administrative, technical, engineering, maintenance, pay, personnel, and certification support may continue according to the contribution instrument so long as such support does not create a competing operational command channel.
A contributing government or organization objecting to an operational mission shall address that objection through the Security Council or lawful naval chain and shall not issue competing operational orders directly to assigned personnel or vessels.
Nothing in operational assignment shall displace the captain’s command of a spacecraft or, when underway, the pilot in command’s final authority over immediate flight safety.

Article XII

United Nations Marine Corps

The United Nations Marine Corps shall provide boarding, seizure, security, custody, expeditionary, and other personnel-based military capabilities required for naval operations.
Persons holding provisional United Nations commissions in the current Mine operation shall, upon effectiveness of this Charter, continue in service under equivalent United Nations Marine Corps commissions without interruption of existing operational authority.
National administrative status, pay, benefits, rank, or other service relationships of such personnel may continue according to their existing assignment instruments until lawfully modified.
Nothing in this Article appoints a Commandant of the Marine Corps or alters an existing Security Council operational appointment except as expressly provided by separate order.

Article XIII

Transitional Continuity

Existing spacecraft commissioned into United Nations service for the Mine operation shall, upon effectiveness of this Charter, continue without interruption as commissioned vessels of the United Nations Navy for the remainder of their existing assignment terms.
UNS Justice, UNS Refuge, and UNS Judgement are recognized as the first commissioned vessels continuing in United Nations naval service under this Charter.
All existing Security Council-authorized programs and operations whose lawful mission includes the exercise of military force in the space domain shall continue without interruption under United Nations naval operational authority according to their existing terms.
Existing planetary-defense authorities, including national ownership and technical support, International Strategic Arms Authority custody, required authentications, and Security Council release authority, shall continue unaltered except that operational military authority in the space domain shall be exercised through the United Nations Navy.
All lawful Security Council mandates, operational appointments, delegations, rules of engagement, commissions, assignments, warrant-execution authorities, and other orders in force at the time of effectiveness shall continue according to their terms unless expressly superseded.
Nothing in this Charter shall be construed to interrupt or invalidate an existing lawful arrest warrant, custody authority, evidence-preservation duty, planetary-defense safeguard, or operational appointment solely because the responsible force has entered United Nations naval service.

Article XIV

Funding and Support

Existing contribution, compensation, support, and mission-funding arrangements shall continue until lawfully modified.
Nothing in this Charter shall, by itself, appropriate funds or alter the budgetary authority of the General Assembly.
Member States and contributing organizations may continue voluntary, in-kind, technical, logistical, industrial, infrastructure, and personnel support according to lawful contribution instruments and applicable Security Council decisions.

Article XV

Duration, Amendment, and Effectiveness

This Charter shall remain in force until lawfully amended or superseded.
The absence of further Security Council action shall not revive independent national military authority prohibited by this Charter.
Amendment or supersession requires lawful Security Council action according to the governing Charter and Council procedures then in force.
This Charter enters into force immediately upon adoption of the Security Council Resolution to which it is annexed.

ADOPTED at United Nations Headquarters, New York, on 27 March 2044.