The author of this blog is Ritika Sharma. She is the Founder of the blog, HUMAN.DROITS, and is also an LL.M. Graduate from the Geneva Academy of International Humanitarian Law and Human Rights. She can be reached at ritika4523@gmail.com.
This is the fourth blog in the series 'Ukraine-Russia Conflict'.
First Blog: Part 1 - Ukraine-Russia Conflict: A Peek into the History
Second Blog: Part 2 - Ukraine-Russia Conflict: The Invasion and Breach
Third Blog: Part 3 - Ukraine-Russia Conflict: The Jurisdictional and Enforceability Hindrances in International Law
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| Stop war! |
Introduction
International law and international organisations work in a collaborative manner for the development and promotion of peace in every country, and this objective authorises other states to react and intervene legally in some crucial matters.
With the Russian invasion of parts of Ukraine, several countries imposed sanctions in the form of political or commercial restrictions on Russia and also intervened in Ukraine's claim that was filed before the International Court of Justice against this attack. Let us understand the role and steps taken by the third parties in this conflict.
The imposition of sanctions
"Complete rupture right now in U.S.-Russian relations," said U.S. President Joe Biden while reacting to the Russian invasion of Ukraine. Similarly, the Kenyan UN Ambassador criticised this move in the UN Security Council by stating, "Rather than form nations that looked ever backward into history with a dangerous nostalgia, we chose to look forward to a greatness none of our many nations and peoples had ever known".
Furthermore, Canadian Prime Minister Justin Trudeau reiterated that the Russian forces are violating Ukraine's sovereignty and territorial integrity by breaching international norms. He said, "In the face of these attacks on Ukraine, Canada will take additional action to stop Russia’s unwarranted aggression. We continue to stand with Ukraine, its people, and the Ukrainian Canadian community here in Canada. Russia’s brazen acts will not go unpunished.” The Council of Europe tried its best to reach an amicable agreement between the two states and made all efforts to persuade Russia against this invasion but to no avail.
Consequently, in addition to protests, the countries introduced sanctions against Russia. Some of the countries that declared sanctions include:
- Japan- The Prime Minister of Japan said, "Russia's actions very clearly damage Ukraine's sovereignty and go against international law. We once again criticize these moves and strongly urge Russia to return to diplomatic discussions…should the situation worsen, we'll move quickly to take further action.” The sanctions imposed by the Japanese government against Russia included the freezing of the assets of some Russian nationals and travel restrictions on Russians.
- USA- The export of specific refining technologies was banned by the US and imposed restrictions on semiconductors, telecommunication, encryption, lasers, sensors, security, etc. Also, sanctions were imposed on Belarusian banks, firms, officials, etc.
- South Korea- South Korea banned the export of strategic items and promoted its oil reserves to support the international energy market. The authorities stated, "The Korean government condemned Russia’s armed invasion of Ukraine and, as a responsible member of the international community, decided to actively participate in the international community’s efforts, including economic sanctions, for a peaceful resolution of the situation".
- UK- UK imposed the 10-point sanction package which included an asset freeze on major Russian banks, a ban on Russia's airlines, and on high-tech exports, etc.
Indian Ambassador stated, “The situation is in danger of spiraling into a major crisis. We express our deep concern over the developments, which if not handled carefully, may well undermine the peace and security of the region…We call for immediate de-escalation and refraining from any further action that could contribute to a worsening of the situation.”.
Some countries took a neutral stance in reacting to the conflict. India opposed the hostilities arising out of this war, however, owing to India's good economic and political relations with Russia, India followed its policy of 'non-alignment', refusing to take any stand in favour or against any party
Chinese authorities who have strong ties with Russia stated that "China understands Russia's reasonable concerns on security issues". China blamed the US-led West for this violence and called it an instigator, and refused to impose sanctions against Russia. Although China made it look like it is taking a neutral stand in the conflict, the actions and statements by the Chinses authorities gave the impression that China is not against Russia's steps of invading parts of Ukraine.
In addition to China, the Syrian government supported Russia's steps in invading Ukraine and gave it a name of "correction of history and rebalance to the world...lost after the dissolution of the Soviet Union".
Clearly, the US and European Union were among the ones who took the robust stance of criticising Russia's military operations in Ukraine, while many countries took a neutral position just by condemning the violence occurring out of this conflict.
Interventions under the ICJ Statute
Articles 62 and 63 of the Statute of the International Court of Justice lay down the rights of countries to intervene in any case under the International Court of Justice. A country can intervene under Article 62 if it has an interest of legal nature. The provision says, "Should a state consider that it has an interest of a legal nature which may be affected by the decision in the case, it may submit a request to the Court to be permitted to intervene". On the other hand, any state party can intervene under Article 63 if its a party to the convention whose provisions are under interpretation by the Court.
Countries such as Latvia, Lithuania, New Zealand, the UK, US have already filed their declarations to intervene under Article 63 of the ICJ Statute. These declarations of intervention are to be accepted by the ICJ and only then they can intervene in the case at hand.
Final remarks
The Ukrainian Prime Minister compared this invasion to the military attacks by Nazi Germany and stated, "Russia has attacked Ukraine in a cowardly and suicidal way like Nazi Germany did during World War II".
This conflict not only serves as an example of the deadly war on casualties but also undermines the Non-Proliferation Treaty by highlighting the risks that can surround the nations that do not possess nuclear weapons. Various countries are taking recourse to a number of pathways to aid Ukraine and put an end to the atrocities. Along with actual fighting on the battlefield, the countries are also supporting Ukraine in the Court and procedural battles.
References
https://www.wilsoncenter.org/article/world-reaction-invasion-ukraine
https://www.ndtv.com/world-news/ukraine-russia-war-how-countries-have-reacted-2787597
https://in.boell.org/en/ukraine-war-reactions-asia
https://www.aljazeera.com/news/2022/2/25/list-of-sanctions-on-russia-after-invasion
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