A United Nations Security Council resolution (UNSCR) is a United Nations resolution adopted by the Security Council (UNSC), the United Nations (UN) 15-member body charged with "primary responsibility for the maintenance of international peace and security".[1]
Article 25 of the Charter of the United Nations stipulates 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".
As of 29April2024[update], the Security Council has passed 2729 resolutions.[3]
Terms and functions mentioned in the UN Charter
The term "resolution" does not appear in the text of the United Nations Charter, which instead uses different formulations, such as "decision" and "recommendation".
The UN Charter authorizes the Security Council to take action on behalf of all members of the United Nations, and to make decisions and recommendations. The International Court of Justice (ICJ) advisory opinion in the 1949 "Reparations" case indicated that the United Nations, as an Organization, had both explicit and implied powers. The Court cited Articles 104 and 2(5) of the Charter, and noted that the members had granted the Organization the necessary legal authority to exercise its functions and fulfill its purposes as specified or implied in the Charter, and that they had agreed to give the United Nations every assistance in any action taken in accordance with the Charter.[4]
Under Article 25 of the Charter, UN member states are bound to carry out "decisions of the Security Council in accordance with the present Charter".
In 1971, the International Court of Justice (ICJ) – also called the "World Court", 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.[5] Some voices,[6][7] however, defend that a difference should be made between United Nations Security Council resolutions adopted under "Chapter VII" of the UN Charter, which are legally binding, and those adopted under "Chapter VI" of the UN Charter, which are non binding; in practice, however, United Nations Security Council resolutions seldom explicit whether they are being adopted based on Chapter VI or VII of the UN Charter.
The Repertory of Practice of United Nations Organs, a UN legal publication, says that during the United Nations Conference on International Organization which met in San Francisco in 1945, attempts to limit obligations of Members under Article 25 of the Charter to those decisions taken by the Council in the exercise of its specific powers under Chapters VI, VII and VIII of the Charter failed. It was stated at the time that those obligations also flowed from the authority conferred on the Council under Article 24(1) to act on the behalf of the members while exercising its responsibility for the maintenance of international peace and security.[8] Article 24, interpreted in this sense, becomes a source of authority which can be drawn upon to meet situations which are not covered by the more detailed provisions in the succeeding articles.[9] The Repertory on Article 24 says: "The question whether Article 24 confers general powers on the Security Council ceased to be a subject of discussion following the advisory opinion of the International Court of Justice rendered on 21 June 1971 in connection with the question of Namibia (ICJ Reports, 1971, page 16)".[10]
In exercising its powers the Security Council seldom bothers to cite the particular article or articles of the UN Charter that its decisions are based upon. In cases where none are mentioned, a constitutional interpretation is required.[11] This sometimes presents ambiguities as to what amounts to a "decision" as opposed to a "recommendation".[12]
If the Security Council cannot reach consensus or a passing vote on a resolution, its members may choose to produce a non-binding presidential statement instead of a Resolution. These are adopted by consensus. They are meant to apply political pressure—a warning that the Council is paying attention and further action may follow.
Press statements typically accompany both resolutions and presidential statements, carrying the text of the document adopted by the body and also some explanatory text. They may also be released independently, after a significant meeting.
↑ Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970)Archived 8 September 2015 at the Wayback Machine , Advisory Opinion of 21 June 1971 at paragraphs 87-116, especially 113: "It has been contended that Article 25 of the Charter applies only to enforcement measures adopted under Chapter VII of the Charter. It is not possible to find in the Charter any support for this view. Article 25 is not confined to decisions in regard to enforcement action but applies to "the decisions of the Security Council" adopted in accordance with the Charter. Moreover, that Article is placed, not in Chapter VII, but immediately after Article 24 in that part of the Charter which deals with the functions and powers of the Security Council. If Article 25 had reference solely to decisions of the Security Council concerning enforcement action under Articles 41 and 42 of the Charter, that is to say, if it were only such decisions which had binding effect, then Article 25 would be superfluous, since this effect is secured by Articles 48 and 49 of the Charter."
↑ "The International Court of Justice took the position in the Namibia Advisory Opinion that Art. 25 of the Charter, according to which decisions of the Security Council have to be carried out, does not only apply in relation to chapter VII. Rather, the court is of the opinion that the language of a resolution should be carefully analysed before a conclusion can be drawn as to its binding effect. The Court even seems to assume that Art. 25 may have given special powers to the Security Council. The Court speaks of "the powers under Art. 25". It is very doubtful, however, whether this position can be upheld. As Sir Gerald Fitzmaurice has pointed out in his dissenting opinion: "If, under the relevant chapter or article of the Charter, the decision is not binding, Article [69/70] 25 cannot make it so. If the effect of that Article were automatically to make all decisions of the Security Council binding, then the words 'in accordance with the present Charter' would be quite superfluous". In practice the Security Council does not act on the understanding that its decisions outside chapter VII are binding on the States concerned. Indeed, as the wording of chapter VI clearly shows, non-binding recommendations are the general rule here." Frowein, Jochen Abr. Völkerrecht – Menschenrechte – Verfassungsfragen Deutschlands und Europas, Springer, 2004, ISBN3-540-23023-8, p. 58.
↑ De Wet, Erika. The Chapter VII Powers of the United Nations Security Council, Hart Publishing, 2004, ISBN1-84113-422-8, pp. 39-40. "Allowing the Security Council to adopt binding measures under Chapter VI would undermine the structural division of competencies foreseen by Chapters VI and VII, respectively. The whole aim of separating these chapters is to distinguish between voluntary and binding measures. Whereas the specific settlement of disputes provided by the former is underpinned by the consent of the parties, binding measures in terms of Chapter VII are characterised by the absence of such consent. A further indication of the non-binding nature of measures taken in terms of Chapter VI is the obligation on members of the Security Council who are parties to a dispute, to refrain from voting when resolutions under Chapter VI are adopted. No similar obligation exists with respect to binding resolutions adopted under Chapter VII... If one applies this reasoning to the Namibia opinion, the decisive point is that none of the Articles under Chapter VI facilitate the adoption of the type of binding measures that were adopted by the Security Council in Resolution 276(1970)... Resolution 260(1970) was indeed adopted in terms of Chapter VII, even though the ICJ went to some length to give the opposite impression."
↑ See page 5, The Repertory of Practice of United Nations Organs, Extracts Relating to Article 25
↑ see The Repertory of Practice of United Nations Organs, Extracts Relating to Article 24,
The International Court of Justice is the only international court that adjudicates general disputes between nations, and gives advisory opinions on international legal issues. It is one of the six organs of the United Nations (UN), and is located in The Hague, Netherlands.
The United Nations General Assembly is one of the six principal organs of the United Nations (UN), serving as its main deliberative, policymaking, and representative organ. Currently in its 78th session, its powers, composition, functions, and procedures are set out in Chapter IV of the United Nations Charter.
The Charter of the United Nations (UN) is the foundational treaty of the United Nations. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the Secretariat, the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the Trusteeship Council.
Legality of the Threat or Use of Nuclear Weapons[1996] ICJ 3 is a landmark international law case, where the International Court of Justice gave an advisory opinion stating that while the threat or use of nuclear weapons would generally be contrary to international humanitarian law, it cannot be concluded whether or not such a threat or use of nuclear weapons would be lawful in extreme circumstances where the very survival of a state would be at stake. The Court held that there is no source of international law that explicitly authorises or prohibits the threat or use of nuclear weapons but such threat or use must be in conformity with the UN Charter and principles of international humanitarian law. The Court also concluded that there was a general obligation to pursue nuclear disarmament.
United Nations Security Council Resolution 478, adopted on 20 August 1980, is the last of seven UNSC resolutions condemning Israel's annexation of East Jerusalem. UNSC res 478 notes Israel's non-compliance with United Nations Security Council Resolution 476 and condemned Israel's 1980 Jerusalem Law which declared Jerusalem to be Israel's "complete and united" capital, as a violation of international law. The resolution states that the council will not recognize this law, and calls on member states to accept the decision of the council. This resolution also calls upon member states to withdraw their diplomatic missions from the city. The UNSC resolutions followed two General Assembly resolutions regarding Israel's actions in East Jerusalem.
The International law bearing on issues of Arab–Israeli conflict, which became a major arena of regional and international tension since the birth of Israel in 1948, resulting in several disputes between a number of Arab countries and Israel.
A United Nations resolution is a formal text adopted by a United Nations (UN) body. Although any UN body can issue resolutions, in practice most resolutions are issued by the Security Council or the General Assembly, in the form of United Nations Security Council resolutions and United Nations General Assembly resolutions, respectively.
United Nations General Assembly (UNGA) resolution 377 A, the "Uniting for Peace" resolution, states that in any cases where the Security Council, because of a lack of unanimity among its five permanent members (P5), fails to act as required to maintain international security and peace, the General Assembly shall consider the matter immediately and may issue appropriate recommendations to UN members for collective measures, including the use of armed force when necessary, in order to maintain or restore international security and peace. It was adopted 3 November 1950, after fourteen days of Assembly discussions, by a vote of 52 to 5, with 2 abstentions. The resolution was designed to provide the UN with an alternative avenue for action when at least one P5 member uses its veto to obstruct the Security Council from carrying out its functions mandated by the UN Charter.
The use of force by states is controlled by both customary international law and by treaty law. The UN Charter reads in article 2(4):
All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace and security".
The International Court of Justice has jurisdiction in two types of cases: contentious cases between states in which the court produces binding rulings between states that agree, or have previously agreed, to submit to the ruling of the court; and advisory opinions, which provide reasoned, but non-binding, rulings on properly submitted questions of international law, usually at the request of the United Nations General Assembly. Advisory opinions do not have to concern particular controversies between states, though they often do.
United Nations Security Council resolution 1244, adopted on 10 June 1999, after recalling resolutions 1160 (1998), 1199 (1998), 1203 (1998) and 1239 (1999), authorised an international civil and military presence in the Federal Republic of Yugoslavia and established the United Nations Interim Administration Mission in Kosovo (UNMIK). It followed an agreement by Yugoslav President Slobodan Milošević to terms proposed by President of Finland Martti Ahtisaari and former Prime Minister of Russia Viktor Chernomyrdin on 8 June, involving withdrawal of all Yugoslav state forces from Kosovo.
The three-line United Nations Security Council Resolution 338, adopted on October 22, 1973, called for a ceasefire in the Yom Kippur War in accordance with a joint proposal by the United States and the Soviet Union. The resolution stipulated a cease fire to take effect within 12 hours of the adoption of the resolution. The "appropriate auspices" was interpreted to mean American or Soviet rather than UN auspices. This third clause helped to establish the framework for the Geneva Conference (1973) held in December 1973.
War can heavily damage the environment, and warring countries often place operational requirements ahead of environmental concerns for the duration of the war. Some international law is designed to limit this environmental harm.
The legality of the Iraq War is a contested topic that spans both domestic and international law. Political leaders in the US and the UK who supported the invasion of Iraq have claimed that the war was legal. However, legal experts and other world leaders have argued that the war lacked justification and violated the United Nations charter.
Chapter VI of the United Nations Charter deals with peaceful settlement of disputes. It requires countries with disputes that could lead to war to first of all try to seek solutions through peaceful methods such as "negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice." If these methods of alternative dispute resolution fail, then they must refer it to the UN Security Council. Under Article 35, any country is allowed to bring a dispute to the attention of the UN Security Council or the General Assembly. This chapter authorizes the Security Council to issue recommendations but does not give it power to make binding resolutions; those provisions are contained in Chapter VII. Chapter VI is analogous to Articles 13-15 of the Covenant of the League of Nations which provide for arbitration and for submission of matters to the Council that are not submitted to arbitration. United Nations Security Council Resolution 47 and United Nations Security Council Resolution 242 are two examples of Chapter VI resolutions which remain unimplemented.
The Statute of the International Court of Justice is an integral part of the United Nations Charter, as specified by Chapter XIV of the United Nations Charter, which established the International Court of Justice.
Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo was a request in 2008 for an advisory opinion referred to the International Court of Justice by the United Nations General Assembly regarding the 2008 Kosovo declaration of independence. The territory of Kosovo is the subject of a dispute between Serbia and the Republic of Kosovo established by the declaration. This was the first case regarding a unilateral declaration of independence to be brought before the court.
United Nations Security Council Resolution 1860, adopted on January 8, 2009, after recalling resolutions 242 (1967), 338 (1973), 1397 (2002), 1515 (2003) and 1850 (2008) on the Israeli–Palestinian conflict, the Council called for an immediate ceasefire in the Gaza War following 13 days of fighting between Israel and Hamas.
The “Namibia exception” identifies the Advisory opinion issued on 21 June 1971 by the International Court of Justice (I.C.J), the principal judicial organ of the United Nations (UN). The opinion refers to the "Legal Consequences for States of the Continued Presence of South Africa in Namibia notwithstanding Security Council Resolution 276 (1970)".
This page is based on this Wikipedia article Text is available under the CC BY-SA 4.0 license; additional terms may apply. Images, videos and audio are available under their respective licenses.
