Message to one diktator re another

Monday 3 December 2012

United Nazis General Assembly Resolution for Pal. Statehood Lacks Legal Authority

From Baruch Bear Wohlmuth:


Eli E. Hertz




A host of resolutions passed annually by the General Assembly are not legally binding documents by any measure.

One needs only to read Article 10 of the UN Charter:

“The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters” [italics by author].

Professor, Judge Schwebel, the former president of the International Court of Justice, has written that:

“The General Assembly of the United Nations can only, in principle, issue ‘recommendations’ which are not of a binding character, according to Article 10 of the Charter of the United Nations.”[1]
Schwebel also cites the (1950) opinion of Judge, Sir Hersch Lauterpacht, a former member judge of the International Court of Justice, who declared that:
“The General Assembly has no legal power to legislate or bind its members by way of recommendation.” Yet, another former ICJ judge, Sir Gerald Fitzmaurice, has been just as resolute in rejecting what he labeled the “illusion” that a General Assembly resolution can have “legislative effect.”[2]

Academics and renowned international law experts also agree. Professor Stone illuminates this subject by pointing out:

“In his book The Normative Role of the General Assembly of the United Nations and the Declaration of Principles of Friendly Relations, Professor Gaetano Arangio-Ruiz [3] is led to conclude that the General Assembly lacks legal authority either to enact or to ‘declare’ or ‘determine’ or ‘interpret’ international law so as legally to bind states by such acts, whether these states be members of the United Nations or not, and whether these states voted for or against or abstained from the relevant vote or did not take part in it.” [4,5]
Read the rest here: Israel, Jews, and Judaism: GA Resolution for Pal. Statehood Lacks Legal Authority





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