Kisakye Busuulwa
DISCLAIMER: This article was completed on 12th April 2024. No events that occurred after this date are reported on in this article.
On 25th March, the United Nations Security Council voted to demand an immediate ceasefire in Gaza for the month of Ramadan, leading to a lasting sustainable ceasefire.
The council adopted resolution 2728
By a vote of fourteen in favour to none against, with 1 abstention (United States), the council adopted resolution 2728.
Having tabled its own resolution just a few days prior, which was vetoed by Russia and China, the United States’ representative said that although her delegation did not agree with everything within the resolution, it supports “some of the critical objectives in this non-binding resolution”
Israeli Prime Minister Benjamin Netanyahu had stated beforehand that if Washington did not veto the motion, then the Israeli delegation’s visit to the US would be pulled. A statement from his office described America’s abstention as ‘a clear retreat from the consistent position of the U.S. in the Security Council since the beginning of this war.’
‘A non-binding resolution [Matthew Miller]
US Spokesperson Matthew Miller reiterated the U.S’ representative to the UN’s comment, stating that ‘the resolution today is a non-binding resolution.’ He elaborated, explaining that ‘we didn’t veto because we thought the language, as it relates to the cease-fire, and the release of hostages, was consistent with the long-standing United States position.’
However, the United Nations’ charter would disagree with the US’ characterisation of the UNSC Ceasefire Resolution as ‘non-binding’.
Article 25 of the charter states that ‘The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.’
Moreover, in 1971, the International Court of Justice, the highest court dealing with international law, asserted in an advisory opinion on the question of Namibia, that all UN Security Council resolutions are legally binding.
Kisakye Busuuwa
Featured image courtesy of Jonathan Ansel Moy de Vitry via Unsplash. Image license found here. No changes were made to this image.
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