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Presidential statements of the UN security council are adopted by consensus of the Council members in the absence of any formal opposition. On the other hand, Article 27(2) and 27(3) of the UN Charter states that the "decisions of the security Council" on all others matters shall:

(2) be made by an affirmative vote of nine members.

(3) (...) be made by an affirmative vote of nine members including the concurring votes of the permanent members (...)

Since consensus does not require the "affirmative vote" required by Article 27 of the UN Charter, rather only "the absence of any formal opposition", it seems that there is room to argue that the consensus process is in conflict with the Charter, and therefore presidential statement, which is adopted by such "consensus process", cannot be considered as "decisions of the Security Council".

Is presidential statement of UN Security Council can be considered as "decisions of the Security Council"? Abstentions are also allowed in consensus, through which presidential statement is adopted. then is it possible to consider the presidential statement of the Security Council as decisions of the Security Council? It would be really helpful if you could also provide legal justifications such as case laws, theories of experts, or official documents along with the yes-no answer.

Trish
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이준현
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1 Answers1

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Questions of the style "can X be considered Y" are generally pointless. Human minds have the ability consider half a dozen contradictory ideas before breakfast.

The relevant question would be "does international law and recent practice consider X to be Y." A presidential statement is not binding like a resolution of the UNSC, yet it has political impact if it is endorsed by a majority of the UNSC members.

o.m.
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