A UN resolution is a formal expression of the will of the Security Council and is backed by the power of international law. Often, the process of producing one—from idea to legally binding document for all 193 UN Member States—can become contentious as nations jockey to get their point of view to prevail. RS followed the creation of the latest draft resolution on Gaza, which was sponsored by 14 Council members and abstained by the U.S.
This resolution calls for the immediate cessation of hostilities in the Gaza Strip, a full withdrawal by Hamas from all occupied Palestinian territory, and the provision of adequate food and water to all Palestinian civilians. It also urges the Government of Israel to take all necessary measures to protect civilian lives and property, including in the context of the ongoing military operation.
Ian Hurd, an expert in international law at Northwestern University, tells RS that the U.S.’s claim that the resolution is nonbinding is a reflection of its attempt to interpret international law in a way that advances its own political objectives. International law scholar Craig Martin of Washburn University agrees, arguing that even though the language in the preambular and operative clauses does not use the word “binding,” it is clear that such a resolution creates an obligation for member states to comply. Both argue that Washington’s interpretation could have negative consequences for the normative authority of international law moving forward.