The legal value of the UN Security Council resolutions in light of Chapter VI of the Charter and the problem of obligation

Sultan, Shrooq Kalaf

doi:10.63677/jqlap.2024.184995

The legal value of the UN Security Council resolutions in light of Chapter VI of the Charter and the problem of obligation "Resolution No. 2728 as a model"

https://doi.org/10.63677/jqlap.2024.184995

Volume 15, Issue: 2 part 1
September 2024

Pages 345-364

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Author

Shrooq kalaf sultan

College of Law / University of Basra

Abstract

The topic of the research revolves around “the legal value of the UN Security Council’s decisions.” The researcher aims through it to clarify the extent of the binding of the Council’s decisions as it is the first executive body responsible for maintaining international peace and security. To carry out this responsibility, it is granted the authority to issue decisions and recommendations in accordance with the provisions of the Charter. However, exercising this authority It often raises controversy about the extent of the binding force of the decisions issued based on Article Six. This is why our study came to investigate that problem, as the researcher presented Resolution No. 2728 as it is the prominent example in this period of time, which was issued to discuss the ongoing war in the Gaza Strip. We have reached results, the most important of which are: The aforementioned resolution includes all the elements of an explicit obligation to express the text of Article 25 of the Charter, according to which the members of the United Nations Despite this, Israel did not implement the decision or abide by it.

Keywords

UN Security Council

Security Council Resolutions

United Nations

Resolution No. 2728