United Nations Security Council Resolution 452


United Nations Security Council Resolution 452

United Nations Security Council Resolution 452 was on the issue of the Israeli settlements in the Palestinian territories of East Jerusalem, the West Bank, Gaza Strip and the Golan Heights, specifically the illegality thereof. Not being based on Chapter VII of the U.N charter, the resolution is considered to have no binding force under international law by journalist Nicholas Kristof and other authors, none of whose opinions are binding under international law. ["Additionally it may be noted that the Security Council cannot adopt binding decisions under Chapter VI of the Charter" (De Hoogh, Andre. "Obligations Erga Omnes and International Crimes", Martinus Nijhoff Publishers, Jan 1, 1996, p. 371).] ["Council recommendations under Chapter VI are generally accepted as not being legally binding". (Magliveras, Konstantinos D. "Exclusion from Participation in International Organisations", Martinus Nijhoff Publishers, Jan 1, 1999, p. 113).] ["Within the framework of Chapter VI the SC has at its disposal an 'escalation ladder' composed of several 'rungs' of wielding influence on the conflicting parties in order to move them toward a pacific solution... however, the pressure exerted by the Council in the context of this Chapter is restricted to non-binding recommendations". (Neuhold, Hanspeter. "The United Nations System for the Peaceful Settlement of International Disputes", in Cede, Franz & Sucharipa-Behrmann, Lilly. "The United Nations", Martinus Nijhoff Publishers, Jan 1, 2001, p. 66).] ["The responsibility of the Council with regard to international peace and security is specified in Chapters VI and VII. Chapter VI, entitled 'Pacific Settlements of Disputes', provides for action by the Council in case of international disputes or situations which do not (yet) post a threat to international peace and security. Herein its powers generally confined to making recommendations, the Council can generally not issue binding decisions under Chapter VI". (Schweigman, David. "The Authority of the Security Council Under Chapter VII of the UN Charter", Martinus Nijhoff Publishers, Jan 1, 2001, p. 33).] ["Under Chapter VI, the Security Council may only make recommendations but not binding decisions on United Nations members". (Wallace-Bruce, Nii Lante. "The Settlement of International Disputes", Martinus Nijhoff Publishers, Jan 1, 1998, pp. 47-4 ).] ["The UN distinguishes between two sorts of Security Council resolution. Those passed under Chapter Six deal with the peaceful resolution of disputes and entitle the council to make non-binding recommendations. Those under Chapter Seven give the council broad powers to take action, including warlike action, to deal with “threats to the peace, breaches of the peace, or acts of aggression”. Such resolutions, binding on all UN members, were rare during the cold war. But they were used against Iraq after its invasion of Kuwait. None of the resolutions relating to the Israeli-Arab conflict comes under Chapter Seven." [http://www.economist.com/world/na/displayStory.cfm?story_id=1378577 Iraq, Israel and the United Nations: Double standards?] , "The Economist", October 10, 2002.] ["There are two sorts of security council resolution: those under 'chapter 6' are non-binding recommendations dealing with the peaceful resolution of disputes; those under 'chapter 7' give the council broad powers, including war, to deal with 'threats to the peace ... or acts of aggression'." Emmott, Bill. [http://www.guardian.co.uk/comment/story/0,3604,846814,00.html If Saddam steps out of line we must go straight to war] , "The Guardian", November 25, 2002.] ["...there is a difference between the Security Council resolutions that Israel breaches (nonbinding recommendations under Chapter 6) and those Iraq broke (enforcement actions under Chapter 7)." Kristof, Nicholas D. [http://www.nytimes.com/2004/02/25/opinion/25KRIS.html?ex=1145851200&en=c092323da838cd9b&ei=5070 Calling the Kettle Black] , "The New York Times", February 25, 2004.] ["There is a hierarchy of resolutions... Chapter 6, under which all resolutions relating to the middle east have been issued, relates to the pacific resolution of disputes. Above that, there are the mandatory chapter 7 resolutions, which impose the clearest possible obligations, usually on a single state rather than on two or three states, which is what chapter 6 is there for. Chapter 7 imposes mandatory obligations on states that are completely out of line with international law and policy, and the United Nations has decided in its charter that the failure to meet those obligations may be met by the use of force." Straw, Jack. [http://www.publications.parliament.uk/pa/cm200102/cmhansrd/vo020924/debtext/20924-09.htm#20924-09_spnew8 House of Commons debates] , Hansard, Column 32, September 24, 2002.] ["There is another characteristic of these resolutions which deserves a mention, and that is that they are under chapter 7 of the United Nations charter. Chapter 7 has as its heading 'Action with respect to threats to the peace, breaches of the peace, and acts of aggression'. This is the very serious chapter of United Nations rules, regulations, laws and principles, which the United Nations activates when they intend to do something about it. If the United Nations announces under chapter 7 that it intends to do something about a matter and it is not done, that will undermine the authority of the United Nations; that will render it ineffective.

There are many other resolutions under other chapters. Resolution 242 gets a bit of a Guernsey here every now and then. Resolution 242 is under chapter 6, not chapter 7. It does not carry the same mandate and authority that chapter 7 carries. Chapter 6 is the United Nations trying to put up resolutions which might help the process of peace and it states matters of principle that are important for the world to take into consideration. Resolution 242 says that Israel should withdraw from territories that it has occupied. It also says that Israel should withdraw to secure and recognised boundaries and that the one is dependent upon the other. Resolution 242 says that, but it is not a chapter 7 resolution." Beazley, Kim, [http://www.smh.com.au/articles/2003/02/05/1044318661193.html Waiting for blow-back (speech delivered in Parliament on February 4, 2003] , "The Sydney Morning Herald", February 5, 2003.] ["There are several types of resolutions: Chapter 6 resolutions are decisions pursing the Pacific Settlement of Disputes, and put forward Council proposals on negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies, and other peaceful means. Chapter 7 resolutions are decisions for Action with Respect to Threats to the Peace, involving use of force and sanctions, complete or partial interruption of economic relations, rail, sea, air, postal, telegraphic radio and other means of communication and the severance of diplomatic relations. Resolutions passed under Chapter 7 of the Charter are binding on all UN members, who are required to give every assistance to any action taken by the Council, and refrain from giving any assistance to the country against which it is taking enforcement action." [http://www.comeclean.org.uk/content/Greenpeace_010306.doc Iran dossier crosses the Atlantic: Where to from here?] (Microsoft Word document), Greenpeace position paper on Iran.] However, the International Court of Justice has stated in an Advisory Opinion (non-binding under international law) that there is no support in the United Nations charter for the view that only enforcement measures adopted under Chapter VII are binding. [ " [i] t is not possible to find in the Charter any support for" the view that only enforcement measures adopted under Chapter VII of the Charter are binding. "Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276", (1970), Advisory Opinion, I.C.J. Reports 1971, pp. 52-3]

Adopted on July 20, 1979 at the 2159th meeting by 14 votes to none, with 1 abstention (United States of America).

Notes


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