Page "United Nations Security Council Resolution 242" Paragraph 39

Alexander Orakhelashvili cites a number cases in which international tribunals have ruled that international organizations, includuing the Security Council, are bound by general international law.

He says that inclusion of explicit clauses about the inadmissibility of acquisition of territory by war and requiring respect of territorial integrity and sovereignty of a state demonstrates that the Council does not intend to offend peremptory norms in these specific ways.

The resolution also acknowledges that these principles must be part of an accepted settlement.

That is confirmed by the Vienna Convention on the Law of Treaties which reiterates the prohibition on the use of force and provides that any settlement obtained by the threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations or conflicting with a peremptory norm of general international law is invalid.

According to Hans-Paul Gasser, ‘ doubtful ’ wording of the Council ’ s resolutions must always be construed in such a way as to avoid conflict with fundamental international obligations.