[News Terms] Enforcement Pressure Amid Controversy Over Binding Force of 'UN Charter Article 25'

US "Supports Some Non-Binding Resolutions" vs. China "Binding, Urges Implementation"
Secretary-General Guterres Warns Israel "Failure Will Not Be Forgiven"

Article 25 of the United Nations (UN) Charter states, "The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter."

The original text reads, "Article 25 The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter." The lack of specific mention regarding enforcement has sparked controversy.

Linda Thomas-Greenfield, the US Ambassador to the United Nations, exercised her veto against a resolution calling for a humanitarian ceasefire between Israel and Hamas at a United Nations Security Council meeting held at the UN Headquarters in New York on the 20th of last month (local time).
[Photo by Xinhua News Agency/New York]

On the 25th (local time), the UN Security Council adopted a resolution demanding a ceasefire between Israel and Hamas, but controversy is spreading inside and outside the UN over whether the resolution is binding. Amid this controversy, voices from the international community urging the implementation of the Security Council resolution are growing louder.

The binding nature debate over Article 25 of the UN Charter began with remarks by Linda Thomas-Greenfield, the US Ambassador to the UN. After the Security Council adopted a resolution demanding an immediate ceasefire, Ambassador Thomas-Greenfield stated, "We fully support some of the important objectives of this non-binding resolution," which became a point of contention.

Following her, Samuel ?bogar, the Slovenian Ambassador to the UN, said, "We recall the binding nature of Security Council resolutions and urge the swift implementation of this clear resolution," and Zhang Jun, the Chinese Ambassador to the UN, rebutted the US Ambassador's remarks by stating, "Security Council resolutions are binding. We urge the parties to fulfill their obligations under the UN Charter."

US stance: No binding force as the phrase 'decides' is absent

Some foreign media analyzed that the resolution adopted that day explicitly states that the Security Council "demands an immediate ceasefire," but the US side argued that since the phrase "decides on the necessity of a ceasefire" is absent, the resolution lacks binding force.

Experts broadly interpret the wording of Article 25 of the UN Charter to mean "all Security Council resolutions are subject to implementation." However, some believe that each resolution should be judged individually based on the wording of the resolution adopted by the Security Council along with the provisions of Article 25.

Mahmoud Daifallah Hammoud, the Jordanian Ambassador to the UN and a legal expert, emphasized at a press conference after the Security Council meeting that day, in response to questions about the 'binding force controversy,' "Article 25 of the UN Charter clearly stipulates that UN member states must carry out Security Council decisions," and added, "The terminology in the resolution is binding language based on this provision."

Ant?nio Guterres, Secretary-General of the United Nations, is speaking at a United Nations Security Council meeting held at the UN Headquarters in New York, USA.
[Photo by EPA New York/ Yonhap News]

On the other hand, the International Court of Justice (ICJ) stated in an advisory opinion related to the Namibia issue in 1971 that "whether the authority under Article 25 of the Charter was actually exercised must be determined on a case-by-case basis."

The New York Times (NYT) summarized, "Security Council resolutions are considered international law and carry significant political and legal weight, but the Security Council does not have the means to enforce implementation."

In fact, in 2016, the Security Council adopted a resolution urging Israel to halt settlement construction in the West Bank, but Israel has not complied. The absence of enforcement mechanisms is a limitation not only of Security Council resolutions but of international law as a whole.

Amid this binding force controversy, UN Secretary-General Ant?nio Guterres posted on X (formerly Twitter) that day, as reported by AFP, "Security Council resolutions must be implemented. Failure will not be forgiven."

European countries, Middle Eastern neighbors, and the international community also urged the implementation of the Security Council resolution. Ursula von der Leyen, President of the European Commission, said on X, "Implementing the resolution is essential to protect all civilians," and Nicolas de Rivi?re, the French Ambassador to the UN, stated, "A permanent ceasefire must be achieved after Ramadan, the Islamic fasting month, which ends in two weeks." The Egyptian Ministry of Foreign Affairs also issued a statement saying, "It signifies an important and necessary first step to prevent bloodshed."

This content was produced with the assistance of AI translation services.