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The Duran Podcast

UNSC resolution, binding or non-binding?

The Duran Podcast

The Duran

News

4.4650 Ratings

🗓️ 28 March 2024

⏱️ 28 minutes

🧾️ Download transcript

Summary

UNSC resolution, binding or non-binding?

Transcript

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0:00.0

All right, Alexander, let's talk about the United Nations Security Council resolution.

0:06.5

And let's start with the big question.

0:11.8

Binding or not binding?

0:17.0

And I guess the follow-up question, which I think is perhaps the most important aspect to this resolution, can it be enforced if it's considered binding?

0:31.5

What are your thoughts?

0:34.0

If you ask a question like that to a lawyer, especially an international lawyer, they will probably, you know, provide you with a rather long answer to a very simple question.

0:46.4

Is it binding or not?

0:48.2

Well, I'm going to cut straight to the point.

0:50.1

I think it's binding.

0:51.5

And I think in the end, the great majority, in fact, the overwhelming

0:55.1

majority of international lawyers would say it was binding. The United States, of course,

1:00.9

is pretending that it's not binding. But go to the text of the resolution. It's very short,

1:07.8

by the way. It's a very short, very clear resolution drawn up by Algeria.

1:13.5

And it says that the United Nations Security Council demands an immediate ceasefire.

1:24.3

Now, there are three levels of, you know, three levels that, of language that a resolution of this

1:34.0

kind might use. One is the Security Council calls for a immediate ceasefire. Now, that would

1:42.9

not be binding because it's a request. But it doesn't say

1:46.9

calls, it says demands. The strongest possible language that it might use is the Security Council

1:59.3

orders an immediate ceasefire. Well, that isn't a word that is, as far as I know, often used anyway, in Security Council resolutions. Demands looks to me like equivalent to a order. It says this is what the Security Council insists must

2:22.0

happen. And given that the Security Council is authorised in international law to make these

2:27.7

kind of determinations and that legal security council resolutions that, you know, require a party to do something, are binding

2:40.4

under international law. I would say unequivocally, personally, that this is a binding resolution.

...

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