United Nations General Assembly Resolution Research Articles

Crimes against Palestinian Civilians Under Zionist Occupation

Throughout its long history, humanity has coexisted with conflicts, power, influence, policies of violence and distress, bloodbaths, massacres, racial calamities and famines. Its present and future visions are still subject to horrors, hardships and tragedies. International humanitarian law has come to express these values in legal language that imposes the obligation on the States parties that make up these agreements. The basic rules and principles of this law have become a set of values accepted by the entire international community and to know that the civilian population is the first to be exposed in most cases to acts of aggression and violence. In different parts of the world, we are witnessing the process of ethnic cleansing, mass killings and atrocities committed against civilians and destroying their homes and property. This is what prompted the researcher to choose his research ( crimes committed against Palestinian civilians under the Zionist occupation) to answer many questions, including knowing who are civilians through the concept of crimes against civilians. The international trend of retaliation against civilians was rejected during the military operations. In the UN General Assembly resolution adopted in 1970, it is not permissible to retaliate against the civilian population, whether they are a group or individuals in armed conflicts. Civilians, in particular, within the framework of international humanitarian law, which is a newly established law that includes a set of international legal rules targeting situations of armed conflict and the protection of civilians suffering from the scourge of this conflict , and the subsequent military occupation. The rules of international humanitarian law are characterized by moral highness, as they codify the rules of morality that must prevail during armed conflict and military occupation

The Resolution on the Srebrenica Genocide and Dayton Peace Agreement: In Which Direction Is It Heading?

This study explores the legal consequences and importance of the United Nations General Assembly (UNGA) Resolution (hereinafter: the Resolution) regarding the Srebrenica Genocide, which was adopted in light of the atrocities that occurred in 1995. The main aim is to assess the Resolution’s ability to initiate a supervening impossibility of performance (ius cogens superveniens) concerning the Dayton Peace Agreement. Utilising a qualitative approach, the research analyses the text of the resolution, the voting process, and the pertinent legal frameworks as well as the relevant scholarship. The findings highlight that although UNGA resolutions lack binding authority, they can significantly aid in the evolution of Customary International Law (CIL). The aforementioned Resolution’s focus on accountability and genocide prevention emphasises its contribution to the development of international legal standards and its interpretative role. The investigation reveals that the Resolution contains elements that could be interpreted as binding, hinting at its intended nature. However, the binding nature of the Resolution, in terms of its components and interpretative role, cannot void nor terminate the Dayton Peace Agreement. For such an outcome to occur, the Resolution would have to establish a peremptory norm of general international law through general principles of international law or Customary International Law. In this context, the research clarifies that the Resolution possesses the legitimacy to support the formation of Customary International Law. Nevertheless, this does not suggest that the potential of Customary International Law automatically overrides the grounds of ius cogens superveniens for invalidating the Dayton Peace Agreement. Instead, the Resolution’s reliance on the binding sources of international law, which include peremptory norms along with the judicial interpretation that applies these norms, plays a vital role in this scenario. At the same time, any potential conflict between those principles and the Dayton Peace Agreement, despite being classified as peremptory principles, appears to be overly broad at this juncture.

The references of the nations: Introducing a corpus of United Nations General Assembly resolutions since 1946 and their citation network

This article introduces a novel corpus containing all resolutions adopted by the United Nations General Assembly (UNGA) from 1946 to 2019, the network of citations between them, and an online tool for exploring them. Resolutions adopted by the organization provide a valuable record of the evolution of multilateralism and political ideas on the global stage. Given that resolutions typically cite past ones, the resulting network of references offers a wealth of information on the UNGA’s most relevant themes over time. This article applies network analysis to the corpus of approximately 18,000 resolutions and 77,000 citations, aiming to answer questions such as: What are the most cited resolutions of all? Are there thematic clusters? And can we delineate historic patterns based on themes prioritized? Our findings show that leading resolutions, such as the Universal Declaration of Human Rights, stemmed from the early years of the UNGA and created cores around which thematic clusters emerged. We conclude by listing highly cited resolutions and prominent clusters, while also conducting a descriptive exploration of how some of the largest clusters formed. The dominant clusters addressed human rights, development, decolonization and peace and security, and by monitoring their evolution we offer a new, data-intensive account of the interaction between these topics since 1946.

Jurisprudence in hard and soft law output of international organizations: a network analysis of the use of precedent in UN Security Council and general assembly resolutions

Jurisprudence in hard and soft law output of international organizations: a network analysis of the use of precedent in UN Security Council and general assembly resolutions

Climate justice and Pacific Island countries – a case study on grassroots advocacy

ABSTRACT Many Commonwealth member states face the brunt of the climate crisis. In the Pacific Island states and the wider Pacific region, the frequency of severe weather events has increased. For instance, in 2023 the island of Vanuatu was impacted by cyclones Judy and Kevin in March and afterwards by cyclone Lola. According to Vanuatu officials, more than 10,000 homes were destroyed and the storms caused massive destruction to Vanuatu’s infrastructure and economy. Facing the likelihood that the global temperatures will reach or surpass the 1.5 degrees Celsius target between 2021 and 2040, a grassroots student movement was launched at the University of the South Pacific (USP) based on Emalus Campus, Vanuatu, which ended with a United Nations General Assembly resolution on climate justice and Pacific Island states. Even so, the situation remains alarming for many Commonwealth Small Island Developing States (SIDS) in the Pacific and there are important questions as to how these states will adapt to and mitigate climate change and also address the climate justice issues they face. This article provides a case study on climate justice and Commonwealth member states and looks at measures currently being considered or implemented by political leaders and other stakeholders.

International and legal regulation of the application of satisfaction as a form of political responsibility of states

The paper attempts to determine the principles of international legal regulation of the application of satisfaction as a form of political responsibility in international law. Theoretical provisions regarding the international legal regulation of the application of satisfaction as one of the forms of political responsibility according to international law are analyzed. Four forms of satisfaction were analyzed, which were derived by the famous researcher Patrick Dumberry from the University of Ottawa: The first - the responsible state simply apologized or officially expressed regret for committing an illegal act; The second - the state punished the representative or person responsible for the act; The third is when a judicial body makes a statement about the illegality of an action taken by the state. The fourth is monetary satisfaction. Satisfaction may be accompanied by symbolic material compensation for moral damage. The draft articles on the responsibility of states for internationally wrongful acts developed by the UN International Law Commission (adopted by UN General Assembly resolution A/RES/56/83) were analysed. Thus, it is determined that the forms of compensation (reparation) are restitution, compensation and satisfaction: both separately and in combination (Article 34). Article 37 of the Articles on the Responsibility of States for Internationally Wrongful Acts of 2001 deals with satisfaction as a form of compensation for damages, which refers to the first type of satisfaction mentioned above. The practice of the International Court of Justice of the United Nations regarding ordinary satisfaction was considered - the case "Bosnia and Herzegovina v. Serbia and Montenegro" (2007), the case "Rainbow Warrior", the case "Corfu Channel", the case "Armed activities on the territory of the Congo (Democratic Republic of Congo v. Uganda)" . An example of the implementation of extraordinary satisfaction in international law is considered - the Declaration on the Defeat of Germany and the Decision of the Berlin (Potsdam) Conference. Based on the presented material, it was concluded that the application of satisfaction is confirmed by international judicial practice, in particular, by examples of declarative statements. The decisions of the International Court of Justice of the United Nations on the award of satisfaction are widely accepted, to some extent because the condemnation of an internationally wrongful act by an authoritative third party aims to achieve a balance between the interests of the parties in a particular case, on the one hand, and the fundamental interests of the international community, on the other.

The External Convergence of the EAEU on Global Issues: Evidence from the UN General Assembly Vote, 2000–2020

This paper examines the voting behavior of the member states of the Eurasian Economic Union (EAEU) in the United Nations General Assembly (UNGA) in order to find out their preference similarities on foreign policy issues. Based on a specific dataset of UNGA resolutions from 2000 to 2020 and using two different indices of voting cohesion, the present research addresses two empirically motivated questions: To what extent does the EAEU speak in unison externally in the context of UNGA plenary? And second, what has been the impact of the formation of the EAEU in 2015 on the common foreign policy? The results reveal that the EAEU scores a ‘medium’ level of cohesion as measured in the context of the UNGA, which may indicate that members often speak with one voice, while defections still occur during controversial votes. Moreover, the findings suggest that there is no meaningful difference in cohesion between the pre- and post-EAEU periods. Finally, the study finds that Eurasian states are most cohesive on development resolutions, but least cohesive on security and human rights issues, as reflected in their recorded voting behavior.

THE RIGHT TO A HEALTHY ENVIRONMENT IN INTERNATIONAL HUMAN RIGHTS LAW

The exercise of human rights is adversely affected by environmental degradation. Nevertheless, linking human rights to the right to a healthy environment is just one aspect of this right. The other aspect is environmental degradation, which currently does not negatively affect human rights. However, these environmental degradations may adversely affect human rights in the long term. This broader right covers ecological and ecosystem degradation, development, and protection in this context. A safe, clean, healthy, and sustainable environment was recognized as a fundamental human right for the first time ever on a global scale with the adoption of the UN General Assembly's resolution. There are only a few conventions that directly contain this right. However, it does not follow that other accords do not also safeguard this righ.This study aims to define the concept and ascertain to what extent the right to a healthy environment is protected by international law.

An International Data-Based Systems Agency IDA: Striving for a Peaceful, Sustainable, and Human Rights-Based Future

Digital transformation and “artificial intelligence (AI)”—which can more adequately be called “data-based systems (DS)”—comprise ethical opportunities and risks. Therefore, it is necessary to identify precisely ethical opportunities and risks in order to be able to benefit sustainably from the opportunities and to master the risks. The UN General Assembly has recently adopted a resolution aiming for ‘safe, secure and trustworthy artificial intelligence systems’. It is now urgent to implement and build on the UN General Assembly Resolution. Allowing humans and the planet to flourish sustainably in peace and guaranteeing globally that human dignity is respected not only offline but also online, in the digital sphere, and in the domain of DS, requires two policy measures: (1) human rights-based data-based systems (HRBDS): HRBDS means that human rights serve as the basis of digital transformation and DS. (2) International Data-Based Systems Agency (IDA): IDA should be established at the UN as a platform for cooperation in the field of digital transformation and DS, fostering human rights, security, and peaceful uses of DS, as well as a global supervisory institution and regulatory authority in digital transformation and DS. The establishment of IDA is realistic because humanity has already shown in its past that we are able to not always “blindly” pursue the technically possible but also to limit ourselves to what is technically feasible when humanity and the planet are at stake. For instance, humans researched the field of nuclear technology, developed the atomic bomb, and detonated it several times. Nonetheless, the same humans limited research and development in the field of nuclear technology to prevent even worse consequences by establishing the International Atomic Energy Agency (IAEA) at the UN.

UN General Assembly Resolution 76/262 as a strengthening of the collective response to the use of the veto right in the UN Security Council

The article describes the legal nature of United Nations General Assembly Resolution 76/262 (A/76/L.52) entitled "Standing mandate for a General Assembly debate when a veto is cast in the Security Council", adopted on April 26, 2022. We have analyzed this topic due to its relevance and the emergence of a new procedure of the United Nations General Assembly, aimed at increasing of the transparency and accountability of the United Nations Security Council, as a result of the ineffective activity of the Security Council in crisis in which our world finds itself today, in particular due to armed conflicts in Ukraine and the Middle East, which have led to complex humanitarian consequences. Many states and scientists have been expressing their interest in the issue of Security Council reform for a long time. We deeply researched the Resolution which is the first in a long time and a significant legal instrument that changes the existing mechanism of the functioning of the United Nations and has revived the discussions on the need for a complete reform of the Security Council in accordance with Resolution 62/557 of December 15, 2008. The purpose of the article is an overview of the new Resolution 76/262, namely the reasons and expediency of its adoption, cases of application and its effectiveness in modern conditions. The methodological basis of the study are the following general scientific and special methods of cognition of legal phenomena: the method of the philosophical level – the dialectical method; empirical methods – comparative, observation and description methods; general logical methods – analysis, synthesis; specially-legal method. The article analyzes the main provisions of Resolution 76/262, the reasons for its adoption, examines cases of its application, and draws conclusions about the effectiveness of this resolution. We have differentiated the procedures provided for by Resolution 76/262 "Standing mandate for a General Assembly debate when a veto is cast in the Security Council" and Resolution 377 (V) "Uniting for Peace". We have reviewed the international legal conceptual foundations of the need to apply the resolution. The topic of reforming the United Nations against the backdrop of the current world security crisis is very important and relevant for further research by domestic scientists in order to formulate their own proposals, approaches and scientific justifications in the modern Ukrainian science of international public law, as well as for the scientific enlightenment of society in this of knowledge.

Some issues of the status and functioning of the United Nations human rights monitoring mission in Ukraine

Today, the United Nations plays a leading role in the development of international law and cooperation among the world's states. Member states have pledged to realize their rights and fulfill their obligations under the UN Charter. The main objectives of the UN are envisaged in Article 1 of the Charter, where the key provision relating to human rights is reflected in paragraph 3 of Article 1. According to it, the UN aims to achieve international cooperation in solving international problems of an economic, social, cultural and humanitarian character and in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction of race, sex, language or religion [1]. As it can be seen, the Charter only calls on states parties to promote the protection of human rights, without establishing clear obligations to protect and guarantee them.
 Since 2014, i.e. since Russia launched its war against Ukraine, the aggressor has not stopped committing crimes against our country and our people. Russia's actions encroach not only on the sovereignty of our state, but also on human rights and freedoms. Under such circumstances, the international community cannot stand aside from these events. Many international human rights organizations have offices in Ukraine. Among them is the UN. On 31.07.2014, the Government of Ukraine and the Office of the United Nations High Commissioner for Human Rights signed an agreement on the deployment of a short-term UN human rights monitoring mission in Ukraine.
 The legal status of UN monitoring missions in legal science has not been the subject of a separate study. Certain aspects of the activities and competence of such missions have been considered in the works of such scholars as I.A. Shumilo [14], F. Megre [13], K. Boyle [12] and others, which are devoted to the coverage of international mechanisms for the protection of human rights and freedoms, the status of the UN General Assembly and the UN Human Rights Council. Therefore, the task set out in this article is to analyze and establish the specifics of the legal status of the UN Human Rights Monitoring Mission (hereinafter - the Mission), in particular, the one established for Ukraine, and the limits of the Mission's powers under the UN Charter, UN General Assembly resolutions, and international agreements between UN agencies and Ukraine. Therefore, the relevance of this article is beyond doubt. It has been established that the purpose of the Mission is to facilitate cooperation between the Government of Ukraine and the Office of the United Nations High Commissioner for Human Rights (hereinafter - OHCHR)[2] and it plays the role of a subsidiary mechanism for the protection of human rights and freedoms within the UN. The conclusions of the mission will undoubtedly serve as a convincing additional evidence base for Ukraine in international judicial and other bodies in protecting its interests and establishing the guilt of the Russian Federation for actions committed against our country.

UN Security Council Membership as a Litmus Test for Slovenia’s Commitment to R2P

ABSTRACT Slovenia, a small state, was actively involved in the formation of the Responsibility to protect (R2P) and continuously supports the principle through its own normative development (such as in the 2015 Declaration on Foreign Policy of the Republic of Slovenia and its Foreign Affairs Strategies) and by regular appointment of its R2P national focal points, which provide relevant domestic capacity to actively promote R2P’s operationalization domestically, regionally, and at the global level, most prominently within the UN. Several regional European R2P Focal Points Meetings and six biennial academic interdisciplinary conferences on R2P have been organized in Slovenia, providing opportunities to enhance its capacity to lead a well-informed active advocacy for R2P. Moreover, in July 2020 Slovenia supported the first standalone HRC Resolution on the Fifteenth anniversary of the R2P. In April 2022, Slovenia was among the 83 cosponsors of the UN General Assembly Resolution on Standing mandate for a General Assembly debate when a veto is cast in the Security Council. Now, with Slovenia’s election as a non-permanent UN Security Council member for the period 2024–25, an important opportunity has arisen to use accumulated knowledge and experience and strive for efficient operationalization of R2P, including through peace operations. The aim of this paper is to discuss Slovenia’s relationship with the R2P, including during Slovenia’s candidacy for the non-permanent seat at the UN Security Council, and to suggest possible future developments.

Current Issues of Peace and Security Taking Into Account Aggressive Policy of the Russian Federation

This article examines the issue of violation of the principle of territorial integrity (integrity) or political independence of states from 1946 to 2022. The approach is based on the study and understanding of domestic and foreign literary sources, statistics, legal acts. So, the historic, comparative, formal juridical and prognostic methods will be used. Russia gained the status of an independent entity in the international arena immediately after the collapse of the Soviet Union. Almost immediately, it began to show signs of aggression. To promote its geopolitical ambitions, it uses gaps in international law, information and psychological measures, corruption, mercenaries, collaborators, blackmail, the law of force, and tries to rewrite history. The course of military conflicts involving Russia in Moldova, Chechnya, Georgia, Syria and Ukraine shows that the scale of violations of international treaties, human rights and the rules of warfare has increased in line with the strengthening of its military capabilities. During the hostilities on the territory of independent Ukraine, Russia showed a complete list of signs of aggression, as defined by UN General Assembly Resolution 3314 (XXIX) of December 14, 1974. This shows that before the armed attack on Ukraine, the aggressor was convinced that it could not be brought to justice and punished. It also hoped that his next victim would not be able to receive international political, economic, military and social assistance. Some actions of Russia in the international arena have signs of state terrorism. During the last ten years, a fascist regime has formed in Russia. The abuse of the veto did not lead to the expulsion of the aggressor country from the UN SC.
 To stop Russia’s aggression and prevent similar developments in the future, the issues of improving international law, bringing to justice the political and military leadership of the republic of Belarus and Russia, improving the UN Charter, the powers of the UN General Assembly, depriving Russia of the right to participate in peacekeeping operations.

Sustainable Development Goals and International Law: A Critical Assessment

This article investigates the implications of adopting the Sustainable Development Goals (SDGs) across various domains of international law. With 17 goals and 169 targets, the SDGs are firmly embedded in international law, aligning with commitments in diverse legal instruments. The exploration in the article emphasizes the interplay between international law and global priorities, highlighting the necessity to capitalize on this connection for sustainability. In examining how the SDGs become integrated into the post-2015 development agenda, the article scrutinizes the normative importance of the obligations outlined for states in the SDGs, taking UN General Assembly Resolution 70/1 into consideration. Additionally, the article delves into the potential of the SDGs to coordinate international institutions for sustainable development and how international law serves as a normative framework for their implementation.

India's Strategic Considerations With Russia In The Post-Russia-Ukraine War Era

This article examines India's strategic considerations in the aftermath of the Russia crisis, explicitly focusing on India-Russia relations. The article analyses the factors influencing India's approach towards Russia, particularly in defense cooperation while considering the implications of China's rising influence on India's strategic calculations. By conducting a case study of India-Russia relations, the paper investigates the dynamics of defense collaboration, the significance of Russia as a defense partner for India, and the evolving regional security landscape shaped by China's ascent. The research provides insights into India's strategic alignments and decision-making processes in the post-Russia crisis era, considering Russia's new foreign policy emphasizing India and China. Furthermore, the paper examines the encircling impact of China's rising influence in South Asia on India, highlighting India's abstention in the UN General Assembly resolution condemning Russia's invasion of Ukraine as a reflection of its difficult position amidst these geopolitical developments. The findings of this research contribute to the understanding of India's strategic responses and decision-making frameworks in the context of shifting regional dynamics, considering the implications of Russia's foreign policy approach and China's growing power.

Revisiting the Content of United Nations General Assembly Resolutions in Shaping and Expanding the International Legal Content of Humanitarian Assistance

Revisiting the Content of United Nations General Assembly Resolutions in Shaping and Expanding the International Legal Content of Humanitarian Assistance

The Road Most Traveled By

Abstract This article applies main path analysis to UN General Assembly (UNGA) resolutions as a novel way to identify what documents and themes have mattered most in the evolution of the organization. Three successive corpora containing all resolutions adopted by the UNGA during its first fifteen, thirty-five, and seventy-three years were analyzed. Results show that the theme of the main path of the first fifteen sessions was Palestine, and peacekeeping/budget for the other two corpora. Three concluding hypotheses are proposed as possible explanations for this finding. Main paths in networks of international norms might be understood as indicators of ongoing issues, as a sign of groundedness, or as residue from preferential attachment. This paper trail reconstructs relevant chapters of the UN’s institutional development and reveals that texts of little fame can nonetheless be at the origin of large bodies of later works, and that jurisprudential density varies across UNGA topics.

Violence against Women: Comparing Female Genital Mutilation and Female Circumcision in Malaysia

The United Nations (UN) General Assembly resolution on 20 December 2012 declared female genital mutilation (FGM) illegal and a violation of women's rights. This declaration was made following the World Health Organization's (WHO) call to eradicate FGM in 1997. The prohibition includes all forms of mutilating, harming, or causing pain to the female genitalia. The female circumcision practice in Malaysia is also categorized as FGM by the United Nations Human Rights (UNHR) at the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 2018. In light of these developments, this qualitative study examines and compares the true nature and concepts of FGM and the female circumcision practice from the perspective of Al-Sunnah Al-Nabawiyyah. Documentation was employed for data collection, analysis, and interpretation. The findings reveal a significant divergence between FGM and female circumcision. Female circumcision is more similar to the aesthetic surgery of the female genitalia, known as clitoral hood reduction, which can enhance women's sexuality. In conclusion, female circumcision in Malaysia is not a torturous act that violates women's rights, but rather a safe practice following Islamic law. This study also proposes a comprehensive research initiative aimed at formulating secure and Sharia-compliant protocols for female circumcision.

Myanmar's Rejection Of The United Nations Resolution: Allowed of Not?

Myanmar's Ministry of Foreign Affairs rejected the Myanmar Ministry of Foreign Affairs calls for an arms embargo and power struggle by the military in a UN general assembly resolution last February because the resolution was considered based on unilateral accusations and false assumptions, and the resolution was deemed not legally binding. In addition, several Myanmar statements have been adopted by the UN security council, which has the authority as well as resolutions deemed legally binding, such as the prohibition of acts of violence against protesters. In addition, the resolution calls on the military not to commit acts of violence as well as restore the democratic transition. The purpose of this study is to find out whether Myanmar may reject the UN General Assembly resolution or not. The study uses normative legal research with a case approach using qualitative descriptive methods to describe the legal reasons used in Myanmar's rejection of the UN General Assembly resolution and how to apply the principle of pacta sunt servanda in this case. The results show that Myanmar rejects the UN resolution calling for an arms embargo because Myanmar considers that the resolution is not legally binding and based on the pacta sunt servanda. Myanmar should accept the UN General Assembly resolution because it binds an agreement to the parties who made it.

International Obligations Calling for Constitutional Protection of the Right to a Healthy Environment

The international recognition of a universal right to a healthy environment is reaching its pinnacle. At least 156 States have recognised this right through the adoption of international treaties and 161 States have recognised it through their endorsement of UN General Assembly Resolution 76/300. While codified in several regional agreements, the right is not binding on all States through treaty law. The European Convention on Human Rights makes no explicit reference to the environment which might lead to the conclusion that States Parties are under no obligation to implement a right to a healthy environment into their domestic legal systems. However, the jurisprudence of the European Court of Human Rights indicates that this right may be a precondition to the enjoyment of other rights safeguarded by the Convention. Furthermore, it may be becoming universally binding as a standalone right under customary international law. This article concludes that various international obligations require States to ensure an explicit or implicit right to a healthy environment and that such a right should enjoy constitutional status. It explains that elements of the right may be implicitly embedded in constitutions even if they have no environmental provisions, as is the case of the Icelandic constitution. However, that is not an appropriate implementation of the standalone right to a healthy environment.