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Explained: Enforceability of UN Security Council's Gaza ceasefire resolution
UNSC resolution was passed by 14-0 vote

Explained: Enforceability of UN Security Council's Gaza ceasefire resolution

Mar 26, 2024
12:33 pm

What's the story

After over five months of the Israel-Hamas war, the United Nations Security Council (UNSC) on Monday demanded for an immediate ceasefire in Gaza. Israel's ally, the United States (US)—which had vetoed previous drafts—abstained from voting on the resolution, which was passed by 14-0. Here's what we know about the resolution, what it means for the Israel-Hamas war and whether it can be enforced legally.

Potential impact

UNSC resolution and its potential impact

The ceasefire resolution was sponsored by Algeria, which advocated for a truce that would lead to a "lasting, sustainable ceasefire." It also demanded that Hamas and other militant groups release hostages taken during the attack on October 7. Mark Lyall-Grant, who previously served as the UK ambassador to the UN, suggested that this resolution effectively requires Israel to suspend its military operations for the next 15 days—the remainder of the Islamic holy month of Ramzan.

Officially passed

First UNSC resolution on ceasefire in Gaza

This is the first time that the UNSC has officially passed a resolution on an "immediate ceasefire" in Gaza. If the conflict continues despite this, it could spark debates about Israel's non-compliance with the security council's decision. While the UNSC resolutions are legally binding under the United Nations Charter for all 193 member nations, enforcement is ultimately up to the conflicting parties and the council itself.

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UN's statement after the passage of resolution

Abstention 

US abstains from vote, clarifies its position

Meanwhile, US Secretary of State Antony Blinken justified the country's abstention by pointing out that the final draft of the resolution didn't include "key language we view as essential." US Ambassador to UN Linda Thomas-Greenfield acknowledged the adjustments made per US request in the resolution but said they couldn't offer full support to it due to disagreements. America's support for Israel has dwindled over time, particularly as Israel plans an attack on Rafah—the last resort for Palestinians in Gaza.

Disapproval

Israel's disapproval of UNSC resolution

Prime Minister Benjamin Netanyahu's office described the US's decision not to veto it as a significant shift from its earlier stance. Israel's Defense Minister Yoav Gallant argued that Israel has "no moral right to stop the war in Gaza until all the abductees return home" and labeled the UN's decision as "scandalous." Meanwhile, Israel's UN ambassador Gilad Erdan said, "The resolution says that taking civilians hostage is in violation of international law...on the other hand, you demand a ceasefire."

Reactions

How has the rest of the world responded

The UN Secretary General, Antonio Guterres, said the resolution "must be implemented," adding that failure to do so would be "unforgivable." European Commission's President, Ursula von der Leyen, said, "Implementation of this resolution is vital for the protection of all civilians." Separately, France has advocated to initiate efforts toward a "permanent" ceasefire. Human rights groups and NGOs such as Amnesty International and Oxfam also hailed the resolution, calling it "long overdue."