6 questions about the Security Council’s decision to cease fire in Gaza

Highlights: 6 questions about the Security Council’s decision to cease fire in Gaza. The resolution under Chapter VI of the UN Charter, introduced by 10 elected members of the Council led by Mozambique, calls for an immediate Ramadan ceasefire respected by all parties. The text of the resolution, No. 2728, uses clear language calling for a ceasefire and the release of detainees, and does not use language that merely recommends a ceasefire. The mandatory resolution applies legally to the Islamic Resistance Movement (Hamas) and Israel alike, as United Nations resolutions apply to political movements and organizations as they apply to states.

Yesterday, Monday, the UN Security Council adopted a ceasefire resolution in the Gaza Strip during the month of Ramadan, but is the resolution considered binding on Israel? What are the consequences of not adhering to it? Is it a condition for the release of Israeli detainees?

Security Council session during the vote on the ceasefire resolution in Gaza (French)

A major shift was witnessed in the UN Security Council’s dealings with the file of the Israeli war on Gaza. After repeated failure to issue a resolution due to the American veto, the Security Council yesterday, Monday, adopted a ceasefire resolution in the Gaza Strip during the month of Ramadan, which was supported by 14 countries, while the United States, an ally, abstained. Israel abstained from voting.

However, the continued Israeli bombing during the hours following the issuance of the resolution, and Washington’s statement that the resolution is not binding despite the rest of the Council parties confirming its binding, all of this raises the question of the extent of the resolution’s binding.

The resolution under Chapter VI of the UN Charter, introduced by 10 elected members of the Council led by Mozambique, calls for an immediate Ramadan ceasefire respected by all parties leading to a permanent and sustainable ceasefire.

The resolution also calls for the immediate and unconditional release of all detainees, as well as ensuring access to aid to meet their medical and other humanitarian needs, and stipulates that the parties must comply with their obligations under international law with respect to all detainees.

Is the Security Council resolution binding?

The Security Council resolution is considered legally binding on the parties to the conflict, especially since the text of the resolution, No. 2728, uses clear language calling for a ceasefire and the release of detainees, and does not use language that merely recommends a ceasefire, according to Hanna Birkenkoetter, assistant professor of international law at the Mexican Autonomous Technological Institute. .

The Academy also confirmed in an article on the Verfassing website, which specializes in legal affairs, that it is not necessary to adopt a resolution under Chapter Seven of the United Nations Charter in order for it to be legally binding.

Does the mandatory resolution apply to Israel and Hamas?

The mandatory resolution applies legally to the Islamic Resistance Movement (Hamas) and Israel alike, as well as to countries supporting parties to the conflict, as United Nations resolutions apply to political movements and organizations as they apply to states, according to what academic Sultan Barakat, a professor at the College of Politics, explained to Al Jazeera Net. Public Affairs at Hamad Bin Khalifa University in Doha.

What entities are responsible for ensuring the implementation of the decision?

The Security Council resolution is effective and effective immediately upon its issuance, and does not require any force to implement it. If the resolution is not implemented by the parties to the conflict, the Security Council will meet again to demand, under Chapter Seven, the use of military force to compel the parties to implement it, according to Barakat.

Does the ceasefire require the release of Israeli detainees?

The ceasefire contained in the text of the resolution does not require the release of Israeli detainees in the Gaza Strip, especially since it did not specifically specify the Israelis in its demand for the release of detainees, so it can be understood that the resolution called for the release of Israeli and Palestinian prisoners alike, according to Barakat.

What are the consequences of Israel's non-compliance with the resolution?

According to Barakat's talk to Al Jazeera Net, the United Nations could impose international and economic sanctions on Israel if it ignores the ceasefire resolution.

Israel's neglect of implementing the resolution will also open the possibility of holding it accountable for violating international law and violating the United Nations Charter.

Is the resolution the first of its kind against Israel in the Security Council?

This was preceded by other decisions, most notably Security Council Resolution No. 1701, which obligated Israel and Lebanese Hezbollah in 2006 to end the war. The Council also issued a resolution against Israel in 2016 that considered the settlements in the West Bank illegal and demanded that they not expand.

Source: Al Jazeera + Anatolia