Reforming the United Nations Charter: Salah El-Din Mohsen’s Legal Vision for a Fairer International Order
Reforming the United Nations Charter: Salah El-Din Mohsen’s Project
Introduction
Calls for reforming the United Nations Charter have become increasingly
urgent amid the organization’s repeated failures to prevent mass atrocities,
protect civilians, and enforce international law. Long before such debates
became mainstream, Salah El-Din Mohsen proposed a comprehensive legal
and ethical reform project aimed at addressing the structural deficiencies of
the United Nations system.
I. What Is Salah El-Din Mohsen’s
Project?
Salah El-Din Mohsen’s project is a long-term intellectual and legal
reform initiative developed between 2005 and 2023. It does not seek to
dismantle the United Nations, but rather to re-found it on ethical and legal
principles that prioritize human dignity over state privilege.
II. Core Objectives of the Project
(Executive Summary)
The project calls for amending the UN Charter to ensure that the
organization is capable of:
- Protecting peoples, not only
governments
- Preventing the exploitation of
religion for political violence
- Ending the paralysis of the
Security Council
- Making human rights legally
binding rather than selectively applied
III. Structural Problems Identified by
the Project
1. Security Council Paralysis
The veto power has transformed the Security Council from a
peacekeeping mechanism into a tool of political obstruction, allowing permanent
members to shield themselves and their allies from accountability.
2. Absence of Religious Neutrality in the International System
The UN Charter fails to address the dangers of religious politicization,
creating a legal vacuum exploited by armed groups and extremist ideologies.
3. Double Standards in Human Rights Enforcement
Human rights norms are enforced selectively against weaker states, while
powerful nations remain effectively immune from legal consequences.
4. Failure to Protect Civilians
Cases such as Palestine, Syria, and Sudan illustrate how the
presence of the United Nations has not prevented humanitarian catastrophes nor
halted serious international crimes.
IV. Guiding Principles of the Project
- Human beings take precedence over
absolute state sovereignty
- Religion is a personal and social
matter, not an instrument of governance
- International law must be binding
on all states without exception
- There can be no peace without
justice, and no justice without accountability
V. The Legal Reform Proposal
1. Limiting the Use of the Veto
The project proposes suspending the veto in cases involving:
- Genocide
- War crimes
- Crimes against humanity
- Military occupation
This proposal aligns with ongoing reform discussions already taking place
within UN frameworks.
2. Introducing State Religious Neutrality
Member states would be required to refrain from using religion or
religious beliefs in:
- Coercive legislation
- Incitement to violence
- Discrimination among citizens
This provision does not restrict freedom of religion; it protects it from
political manipulation.
3. Criminalizing Religious-Based Terrorism
The use of religious discourse to justify violence or terrorism would
constitute an international crime, whether committed by:
- States
- Organizations
- Individuals
4. Accountability of Major Powers
- Establishing an independent
international court
- Eliminating permanent immunity
for any state
- Enforcing judgments through the
UN General Assembly
VI. Reforming the Structure of the
United Nations
The project also calls for:
- Expanding the Security Council to
ensure fair representation
- Reducing permanent privileges
- Transferring certain powers from
the Security Council to the General Assembly
VII. Historical and Intellectual
Significance
- The project was formulated before
the United Nations openly acknowledged the need for reform
- It articulates the voices of
victims rather than states
- It represents a rare Arab
intellectual contribution to the critique of the international order
Conclusion
Salah El-Din Mohsen’s project is not a utopian vision, but an early
diagnosis of a global systemic crisis. Its proposals—once considered
radical—are now increasingly reflected in international legal and political
debates.
Final Note
This project can later be developed into:
- A formal legal memorandum
- An international petition
- A peer-reviewed academic research
paper
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