Baghdad: Presidential candidate and legal expert, Advisor Salem Hawas, emphasized that UN Security Council resolutions are legally binding only when issued under Chapter VII of the UN Charter. He explained that resolutions outside this framework serve more as political expressions rather than enforceable legal obligations.
According to National Iraqi News Agency, Advisor Hawas highlighted that resolutions adopted by a majority vote, especially with abstentions from permanent members like Russia and China, indicate an international divide. This division diminishes the enforceability of such resolutions, making them more akin to political messages rather than legally binding measures.
Counselor Hawas further elaborated that the practical impact of non-Chapter VII resolutions is generally limited to diplomatic pressure and establishing an international stance. This is particularly true unless the resolutions involve specific measures under Chapter VII, such as sanctions or binding actions for member states. He noted the potential for bias in these resolutions, which may favor one side over another, affecting their legitimacy and effectiveness.
In conclusion, Counselor Hawas referred to the provisions of Articles 25 and 27, as well as Chapter VII of the UN Charter, specifically Articles 39, 41, and 42. These articles empower the Security Council to issue binding resolutions when addressing threats to international peace and security, underscoring the legal weight such resolutions carry when grounded in Chapter VII.