This is Part II of a two-part post. See Part I here.
Suspension of membership
A second category of FIFA membership issues related to international law relates to possible suspension of membership. Under Art. 14 FIFA Statute, it is the FIFA Congress that is responsible for suspending a member association, such suspension requiring a three-quarter majority of the Members present and eligible to vote. In case of a positive vote on such suspension, other FIFA member associations may for the duration of the suspension no longer entertain sporting contacts with the suspended member.
Although not constituting a suspension in the technical sense, it is worth noting that after World War II even after the German Football Association (DFB) had been refounded, it took until 1950 that its full FIFA membership rights were reinstated at the 1950 Bruxelles FIFA congress.
The first time suspension from FIFA stricto senso came up was in the 1950s vis-à-vis South Africa after a FIFA emergency committee had found in 1955 that the South African Football Association (SAFA), representing only white minority football clubs, did not constitute a national association within the meaning of relevant FIFA rules. It thereby somewhat foreshadowed the practice of the Credentials Committee of the United Nations General Assembly, which, as is well-known, ever since 1974 had considered that representatives of the white minority regime in South Africa could not represent South Africa for United Nations purposes. On 26 September 1961, at the annual FIFA conference, the South African football association was then formally suspended from FIFA, which suspension was however lifted in January 1963, albeit only for a short time. Soon thereafter, namely in 1964, and given the increased representation from African and Asian soccer associations within FIFA, the suspension of South Africa’s football association’s membership was re-imposed before South Africa was then, in 1976, formally expelled from FIFA. Finally, the South African association was re-admitted in July 1992 in the wake of the fundamental political changes then taking place in South Africa. This demonstrates how the policy of FIFA and its member associations was, if not influenced, by then at least parallel to, the concurrent development of modern international law related to the prohibition of racial discrimination.
Yet another development leading to the suspension of a national football association occurred during the Yugoslav crisis after the Security Council had, acting under Chapter VII, adopted resolution 757 (1992), and had thereby “[d]ecide[d] that all States shall (…) [t]ake the necessary steps to prevent the participation in sporting events on their territory of persons or groups representing the Federal Republic of Yugoslavia (Serbia and Montenegro)” (see para. 8 lit. b) of the text) Read the rest of this entry…