Security Council

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Resolution 2728 (2024) is a Binding Council Resolution

Resolution 2728 (2024) has legally binding effect. Eran Sthoeger makes the claim that the Security Council’s resolution 2728, which demanded an immediate ceasefire in Gaza, is “not legally binding”. This conclusion, he asseverates, follows from “a sound understanding of the practice of the Security Council under the Charter”. The true position is that the Council’s demands, in operative paragraph 1 of the resolution, are a binding decision under Article 25 of the Charter. Paragraph 1 of the resolution is in these terms: “Demands an immediate ceasefire for the month of Ramadan respected by all parties leading to a lasting sustainable ceasefire, and also demands the immediate and unconditional release of all hostages, as well as ensuring humanitarian access to address their medical and other humanitarian needs, and further demands that the parties comply with their obligations under international law in relation to all persons they detain”. There are three reasons why Sthoeger’s analysis, like his conclusion, is wrong. The first concerns aspects of his analysis of…

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Resolution 2728 on Israel/Gaza is Significant, But it Is Not a Binding Council Decision

Resolution 2728 on the situation in Gaza is not legally binding. This conclusion is not counterintuitive or surprising. Rather it is the result of a sound understanding of the practice of the Security Council under the Charter. It also flows from the views of the International Court of Justice (ICJ), as articulated in the Namibia and Kosovo Advisory…

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A reply to Brassat: The Military Strikes Against the Houthis in Yemen and the ‘Fourth Problem’ of Necessity and Proportionality

A few days ago Leonie Brassat published an excellent piece on EJIL Talk! which discussed the possible legal bases upon which the current military strikes against the Houthis in the Red Sea and Yemen might be located. The piece centered on the right of self-defence and set out ‘three problems’ which were focused exclusively on the…

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The Lawfulness of military strikes against the Houthis in Yemen and the Red Sea

For almost two months, since January 11, 2024, the United States (US) and the United Kingdom (UK), with support from Australia, Bahrain, Canada, and the Netherlands, have been conducting airstrikes against Houthi facilities in Yemen and the Red Sea in response to Houthi attacks on commercial and merchant vessels in the Red Sea. With their strikes, they aim…

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Resolution 2699’s (2023) authorisation of the use of force: A cautious return to the Security Council’s Chapter VII authorisation model?

On 2 October, the UN Security Council adopted its Resolution 2699 (2023) (13 votes in favour, two abstentions), authorising a multinational security mission to Haiti. The resolution comes one year after Haiti specifically requested such a mission, and shortly after UN Secretary-General Antonio Guterres said in August that a…

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