Gaza: the UN Resolution to ceasefire

Translated by Angela Tagliafierro

The UN Security Council voted in favour of a resolution to halt hostilities in Gaza for the period of Ramadan. The resolution has been approved by fourteen votes in favour and only one abstention by the US. This is the first UN Resolution on the ceasefire in Gaza since October 07^th, 2023.

The new draft of the resolutions asks for an immediate ceasefire during the month of the Ramadan to be respected by all the parties involved and to lead to a permanent and sustainable ceasefire. Moreover, the immediate and unconditional release of all hostages is demanded, allowing them to access to medical care and other humanitarian needs. Finally, the parties involved are asked to respect the duties established by the International Law to all the imprisoned people. Other dispositions include the urgent need to expand the humanitarian assistance and strengthen the protection of civilians in the whole Gaza Strip. For this reason, the Council is asked to highlight the importance of cancelling every obstacle to the provision of large-scale humanitarian assistance in line with international humanitarian law and the Resolutions 2712 (2023) and the Resolution 2720 (2023).

During the discussion of the resolution, the Russian ambassador Vassily Nebenzia expressed his worry about the replacement of the word “permanent”. Consequently, the Russian delegation suggested an oral amendment to restore the word “permanent” in the draft of the resolution. However, the verbal amendment proposed by Russia was not approved because of the lack of votes. Despite all, during the substantial voting, the resolution was approved with fourteen votes in favour and the abstention of the United States. Therefore, the resolution has been adopted despite the failed Russian amendment.

Callamard, special rapporteur on extrajudicial, summary, or arbitrary executions, incited to a “changed political pressure”. This exhortation joins the need for an immediate and total embargo on the supply of weapons, aiming to obtain a permanent stop of the fights and to modify the difficult situation in Gaza over the long term.

The text of the resolution is a compromise between the different suggestions made by all the parties involved in the attempt to establish the degree of the binding nature of the content of the resolution. In UN practice, a 'ceasefire' is generally considered a 'provisional measure' within the meaning of Article 40 of the UN Charter, i.e. a temporary measure that the Council may take to prevent further escalation of the conflict. Resolution 2728 falls into this category, as it institutes a temporary cessation of hostilities and refers to ongoing negotiations. However, it is usually considered that these provisional measures do not have a binding character. Article 40 is limited to an 'invitation' to the parties to the conflict, warning that the Council will act in the event of non-compliance with the resolution.

An analysis of the language used in the Resolution 2728 shows that it can be considered as an effective order. The verb “to demand” does not seem to be just inciting. Furthermore, the reference to the ceasefire is expressed through a demand for an immediate realization and in a limited and specific period, that is the month of Ramadan.

Right after the vote, the American spokesperson Matthew Miller and Linda Thomas-Greenfield, the US delegate at the UN Security Council, described the resolution as a “non-binding” text and did not specify the difference with the previous resolutions. Thomas-Greenfield stated that the United States fully support some main purposes of this non-binding resolution. The delegate of the South Korea adopted the same position. He also gave more details about it: he affirmed that the resolution has a non-binding nature because it has not been used the verb "to decide". Furthermore, it has not been adopted in the Chapter VII of the Charted of the United Nations, which lists the measures the Council is allowed to adopt to restore the peace in war situations.

However, this interpretation has been criticized by the other members of the Council and by several experts of the International Law. They believe that these reasons do invalidate the effectiveness of the resolution, but are not enough to make them non-binding.

The UN Security Council's favourable vote today brought hope of a truce for over a million children trapped in Gaza. It is time to turn words into concrete actions to protect these children. While the ceasefire resolution is a crucial step, it must be implemented immediately and sustained permanently to protect the children and prevent further atrocities.

Xavier Joubert, Save the Children's Director in the Occupied Palestinian Territory, commented that today's decision by the UN Security Council has the potential to be a saving grace for the children of Gaza who are experiencing shelling, maiming, and starvation. He added that children's lives are in danger. The international community — the UN Security Council, the General Assembly, and all member states — must act quickly and significantly to implement this decision immediately and do everything possible to ensure its permanent extension. Children's lives depend on it.

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