ABSTRACT

Dr. Thomas Franck, pathologist for the ills of the international body politic, has pronounced the death of the heart of the United Nations Charter, and proceeded to tell us who killed it. In author's view, the death certificate is premature and the indictment for legicide must be redrawn to charge lesser though aggravated degrees of assault. Article 2(4) lives and, while its condition is grave indeed, its maladies are not necessarily terminal. The purpose of Article 2(4) was to establish a norm of national behavior and to help deter violation of it. Despite common misimpressions, Article 2(4) has indeed been a norm of behavior and has deterred violations. There is reason to pray and strive for the change in individual and national perceptions which Dr. Franck invokes, but the need is not to condemn Article 2(4) to death and pray for its resurrection in the end of days when men and nations will not learn war any more.