Canadian Prof says Resolution 2728 (2024) Binding. USA/Israel maintains plan to kill Gaza civilians

Law: A UNSCR is considered binding when it creates obligations for its target. We are watching a Biden obfuscation campaign. They still intend to slaughter Palestinians.

While the expiring Biden Administration has its talking heads saying the UN Security Council ceasefire edict is bogus and non-binding, scholars and the World Court effectively call BS on the Biden team.

Why did America lie? The very racist America is maintaining its right to kill Gaza civilians.

At the same time, American bombs are falling on Palestinian civilians and killing hundreds since 25 March when the United Nations Security Council (UNSC) UNSCR (Resolution) 2728 was passed nearly unanimously.

The United Nations Security Council (UNSC) has extensive powers and is not limited in its authority. Its resolutions carry significant weight and impact. When the UNSC decides on matters such as imposing sanctions on a country or enforcing a ceasefire in a conflict zone, these decisions are considered mandatory as in the case of UNSCR 2728 (2024).

One of the authorities on the effect of UNSC 2728 (2024) is the World Court which may need help from Private Law Enforcement and Civil Society.

In the jurisprudence of the International Court of Justice (ICJ), UNSC resolutions have been examined for their legal effects. These effects fall into several categories including substantive effects, causative effects, modal effects, intrinsic effects, and extrinsic effects.

Substantive effects include binding, authorizing, and disempowering effects. A resolution is considered binding when it creates obligations for its recipients.

Determinations of fact or law trigger substantive effects.

Modal effects determine how and when substantive effects come into existence (e.g., immediate or deferred, retroactive or non-retroactive, reversible or irreversible).

Based on the special treaty powers of the UNSC and General Assembly intrinsic effects exist to the extent allowed by the adopting body.

Directly based on general international law, extrinsic effects do not have causative effects and are always immediate, non-retroactive, and reversible.

The UNSC is the only UN body capable of passing legally binding resolutions on member states. It plays a crucial role in resolving international disputes and maintaining peace and security.

Citing: UNRCCA Handout Defining UNSC Resolutions

Founders of the United Nations pledged to make the world a safer place. To avoid bloodshed such as the World War II, they established a structure and tools to prevent threats to international security. This is most evident in the very fact that the UN Security Council has received almost unlimited power in cases of peace violations. Its resolutions are binding on all Member States.

The UN Military Staff Committee was established to plan military operations and has at its disposal air forces ready for immediate deployment.

Founders hoped that the world would never again silently witness aggressors violating international borders and agreements.

In theory, the Security Council has no limits on its powers. as the USA is trying to suggest, implying that only the USA has such powers.

The UNSC has broad prerogatives; its resolutions are binding on all UN members. In short, if the UN Security Council has decided anything – to impose sanctions on a country or force a ceasefire in a conflict zone – the order must be carried out.

No one can ignore the collective will of the P5, which actually determines the decisions of the UN Security Council. However, it is often difficult to come to such a collective will. The issue of the national sovereignty has always been the most important one, and this is particularly true for the “more equal” countries – the P5. And since they have veto power over decisions, they will cast a negative vote if the proposed resolution goes against their national interests.

A resolution is considered binding when it creates obligations for its target.

Dr. Ardi Imseis is an Assistant Professor and Academic Director of the esteemed Queen’s University International Law Programs. Professor Ardi Imseis’s Honours BA was earned at the University of Toronto, his LLB was earned at the internationally esteemed Dalhousie University; his LLM was awarded by Columbia University and Ardi Imseis completed and was awarded his PhD by Cambridge University.

Watch Video Excerpt: Dr. Ardi Imseis speaks during a session of the syndicated global television show called ‘CrossTalk where issues in the news are discussed with politicians, journalists and scientists. The entire show can be seen on RT and other networks.

Dr. Ardi ImseisCanadian Queen’s University Professor Ardi Imesis speaking from home says the UNSCR 2728 (2024) is binding on the parties and all other UNSC members as well as UN members. Photo is a capture from the above video. Art, cropping, enhancement: Rosa Yamamoto / Feminine-Perspective-Magazine

Summary of ICJ’s new (yesterday) Provisional Measures Against Israel

Ensure Food Deliveries
Given the worsening conditions faced by Palestinians in Gaza, Israel must take “all necessary and effective measures” to ensure the unhindered provision of urgently needed basic services and humanitarian assistance. This includes aid such as food, water, electricity, fuel, shelter, clothing, hygiene, sanitation, medical supplies, and medical care.

Open More Land Crossings
As a signatory to the Genocide Convention, Israel is called upon to increase the capacity and number of land crossing points and keep them open for as long as necessary.

Prevent Violations of Palestinian Rights
Israel must ensure that its military does not commit acts that violate the rights of Palestinians in Gaza as a protected group under the Genocide Convention. This includes preventing the obstruction of urgently needed humanitarian assistance.

Relevant Elements of the Genocide Convention

Article II of the Genocide Convention provides that “genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.”

Civil Society Has been moving forward into a law enforcement role.

In a recent meeting of the Civil Society security team held by Dale Carter, security director of The RINJ Foundation, including its security contractor‘s top officials, some key decisions were made about the proactivity of a civil society group in the prevention of international crime, especially the slaughter of women and children  where states have failed to provide for the prevention of crime and the safety of innocent women and kids.

Attendees at a recent security team meeting told global Civil Society action is underway for at least five months or more.

The RINJ Foundation has filed cases and ‘criminal informations’ to various courts based on evidence gathered by humanitarian workers in Gaza and has taken further action to facilitate preparations for the lawful arrest and detention of perpetrators of the Gaza Genocide by having women infiltrate the staffs of perpetrators as trusted ‘friends’ and penetrate surrounding environs of the accused persons around the world. This will alleviate the fear that offenders will escape arrest and prosecution by using the trappings of the countries they lead to protect them from the long arm of the law.

Meanwhile, Behar Abbasi, while leading a health care team in Gaza is urging the governing Hamas movement to consider opening up underground safe rooms to the public to protect against Israeli and American bombing during continuing attacks, and during the planned attacks and military invasion against Rafah. The Palestine Authority could and should immediately assist by taking a lead in this fact-finding mission because there is not yet a determination of the validity of the idea. There is a suspicion that this should be happening. The RINJ Foundation has adduced that Hamas is a party to the crimes taking place.

So far, no outcome has been indicated.

All states are bound as a matter of law by the principle that genocide is a crime, but this is not yet enforced. A role for neutral Civil Society?

Ref: Convention on the Prevention and Punishment of the Crime of Genocide

All states are bound as a matter of law by a principle that genocide is a crime prohibited under international law.

The International Court of Justice has affirmed that, the prohibition of genocide is a peremptory norm of international law from which no derogation is allowed. The Convention provides that individuals who attempt genocide or who incite to genocide “shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals”.

The fact that UNSCR 2728 (2024) sets out a UNSC demand that the parties to the Gaza Genocide, the USA and Israel et al is consistently binding with the common law of The Commonwealth of Nations which is a voluntary group of 54 nations including the USA, Canada and Great Britian, some of the co-accused in the Gaza Genocide. In other words, killing innocent civilians in large numbers because of their race, colour or creed is a crime and each person is compelled not to commit crimes and to take whatever and as many actions as they are able to take to prevent the commission of crimes.

One of the founding principles of the International Criminal Court (ICC) is the prevention of atrocities by punishing those most responsible for them. Unfortunately, the perception of the ICC is that it has become a political entity and is manipulated by the Unted States and others. The problem with arguing with detractors is that their arguments are solid. In other words, the ICC needs to be reformed.

No such criticisms have been directed at the institute of the International Court of Justice although it does not have the powers of the ICC. That too must change in favour of increasing the powers of the World Court.

American Buffoonery: Will the culprits later say, “This is what I was told to say. That idiot Biden told me to say that the UNSC makes non-binding gibberish.”

Video above: “Is this why the disingenuous government of the USA wants to terminate Tik Tok? What can anyone believe of such a band of habitual liars. The same applies to the Israeli government,” says RINJ Foundation security director Dale Carter who says she has reached the near end of her patience in dealing with the mass murders of women and children in Palestine.