UNSC Gaza resolution is legally binding

By Bradley Blankenship

After over five months of Israel's relentless onslaught on Gaza, with over 30,000 Palestinians already killed, the UN Security Council (UNSC) finally passed a resolution submitted by all ten elected members. This resolution aims to halt the ongoing brutality, making a crucial diplomatic victory amidst a humanitarian catastrophe. 

The resolution calls for an immediate ceasefire leading to a lasting and sustainable peace, as well as the release of all hostages and compliance with international law regarding detainees. Additionally, it demands the removal of barriers hindering humanitarian aid distribution, underscoring the urgent need for increased assistance to Palestinian civilians.

However, the resolution's passage was uncertain until the last moment, with the U.S. securing concessions to weaken its language. U.S. ambassador to the United Nations Linda Thomas-Greenfield's assertion that the vote was "nonbinding" sets a troubling precedent, potentially allowing the U.S. to flout its obligations under international law. 

Moreover, the resolution's call for a ceasefire only "for the month of Ramadan" is insufficient, given the ongoing humanitarian crisis. The vague language regarding the treatment of detainees and the provision of humanitarian aid further dilutes its impact.

Despite these shortcomings, the resolution's passage (with the U.S. abstaining) represents a significant rebuke of Israel's aggression and an affirmation of the International Court of Justice's intervention. However, the responsibility to enforce the resolution must be carried by all UN member states, and especially all UNSC members – particularly permanent members, including the U.S.

The UNSC's resolution follows numerous failed attempts to broker a ceasefire, reflecting a growing global consensus on the urgent need to address the root causes of the conflict. With strong support from the international community, the resolution underscores a shared commitment to upholding international law and fostering stability in the region.

Of significance is the U.S. stance, traditionally a staunch ally of Israel. The U.S. abstained from vetoing the resolution, signaling a departure from its previous approach and a willingness to engage in multilateral efforts to ease the conflict. While not a complete policy shift, as indicated by the White House, this move recognizes the need for a balanced approach that acknowledges the concerns of both Israelis and Palestinians.

Washington's claim that the resolution is nonbinding is a clear contradiction of Article 25 of the UN Charter. All UNSC resolutions are legally binding, as China's ambassador to the organization has noted. The Council can now back up its decision with sanctions or an international peacekeeping force. However, the U.S. has previously blocked further punitive action against Israel, allowing the country to evade international law in the past. 

The Israeli government, led by its Prime Minister Benjamin Netanyahu, has vowed to escalate operations in Rafah, a densely populated area housing millions of displaced Palestinians. This escalation threatens to undermine efforts to achieve a ceasefire and hinder meaningful negotiations. It could also trigger a wider regional conflict with severe global ramifications.

Furthermore, Israel's strategic alliance with the U.S. poses a dilemma for Washington. As geopolitical dynamics evolve, the Biden administration faces pressure to balance its support for Israel with its commitment to international law and peace in the region, which is in line with the views of its key strategic partners like Saudi Arabia, Egypt, and Qatar. 

It should also be noted that should U.S. President Joe Biden continue supporting Israel at its current rate, he would almost certainly lose key electorates in swing states, such as the Muslim communities in Michigan and Minnesota, and hand the 2024 presidential election to former U.S. President Donald Trump.

The U.S. must implement the latest UNSC resolution, per its legal obligations under the UN Charter, in order to prevent a wider humanitarian crisis in Gaza and avoid a regional hot war. Such a course of action would necessarily mean curtailing arms flows to Israel. Additionally, for Biden's own strategic calculus, there is a serious political imperative for him to cool tensions by heeding the call of the overwhelming majority of the international community.

While the road to peace remains uncertain, the UNSC resolution offers a ray of hope. By working together, the international community can pave the way for a just and enduring peace in Gaza and beyond.

Now is the time for bold leadership and unwavering commitment to a future defined by cooperation and prosperity for all. The U.S., as the world's largest economy, a major political and diplomatic force, and a permanent UNSC member, has a sole responsibility to implement the Council's decision. 

Bradley Blankenship, a special commentator on current affairs for CGTN, is a Prague-based American journalist, political analyst, and freelance reporter.