2. Security Council Resolutions

Are UN Security Council Resolutions binding?

Security Council decisions adopted in accordance with the UN Charter are binding on UN members under Article 25; not every provision of every resolution is a binding decision. The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter. (UN Charter, art. 25.).

It has been contended that Article 25 of the Charter applies only to enforcement measures adopted under Chapter VII of the Charter. It is not possible to find in the Charter any support for this view. Article 25 is not confined to decisions in regard to enforcement action but applies to “the decisions of the Security Council” adopted in accordance with the Charter. (Advisory Opinion on Namibia, June 21, 1971).

If Article 25 had reference solely to decisions of the Security Council concerning enforcement action under Articles 41 and 42 of the Charter, that is to say, if it were only such decisions which had binding effect, then Article 25 would be superfluous….” (Advisory Opinion on Namibia, June 21, 1971).

The language of a resolution of the Security Council should be carefully analysed before a conclusion can be made as to its binding effect. (Advisory Opinion on Namibia, June 21, 1971).

3. EFFECT OF ACTIONS OF ORGANS OF INTERNATIONAL ORGANIZATION CREATED BY TREATY