Many have asked us how their nation could exit the WHO. It turns out the WHO Constitution has no provisions to get out. But our international legal consultant has identified two ways to do it.

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The WHO Constitution doesn’t contain an option for withdrawal of Member States. This is true for international organizations created after the Second World War, in order to prevent destabilization, such as when Japan, Germany and Italy withdrew from the League of Nations in 1933 and 1934.

The UN Charter doesn’t allow for withdrawals either. One country, Indonesia, sent a withdrawal letter in 1965 to the UN Secretary General, but about a year later reversed its decision. Indonesia’s effort was minimized by the UN to avoid attempts to characterize it as a real withdrawal and reinstatement.

Despite this, in theory, it is possible to suspend or withdraw from any organization based on a customary international law principle codified by the 1969 Vienna Convention on the Law of Treaties. The principle “rebus sic stantibus” (things thus standing) was construed by articles 61 and 62 of the Vienna Convention as below.

Article 61.2 essentially requires invoking a fault from the other party that makes it impossible for the remaining party to continue to execute the treaty.  To base withdrawal on this, a State may, for example, claim that WHO has not respected its own Constitution…

Article 62 requires a fundamental change in circumstances not initially foreseen. This is also used in contract law and trade law. A State may use it if it doesn’t agree with where the WHO is going or plans to go.

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In 1948, the USA added a reservation to its treaty with the newly formed WHO which allowed it to leave the organization with one year’s notice and payment of all outstanding dues. Possibly some other countries made similar reservations.