The non-functionality, obsolescence and ineffectiveness of the UN regulations, or the fact that the broken law can only be analysed after the breach, was indicated, which means that they do not protect states in the event of an attack. Their obsolescence and the lack of prospects were indicated due to the fact that even more than twenty-year-old treaties seem to have no effective power. The current conflict in Ukraine shows that, despite many international treaties aimed at protecting states or people, in fact are ineffective. The violation of the Ukrainian territorial integrity by the Russian Federation and its current activity in this area violate the provisions of the United Nations, the Geneva Conventions, the Ottawa Convention and many other laws. Consequently, it shows that, despite continuous efforts since 1945, the established treaty laws turned out to be uneffective, as a conflict broke out in Europe, which was supposed to be prevented by international law. Taking into account previous diplomatic failures, the revision of the treaties cited in the work should be seriously considered.
United Nations
When starting the analysis with the aforementioned United Nations, one should start with the fact that both Ukraine and Russia are members of this organization, which is of special importance here, Russia is a Permanent Member of the Security Council[1]. This conflict therefore makes the Council absolutely powerless, as the prerogatives resulting from Moscow’s status make it possible for it to veto any decision that is inconvenient for the Russians. The ineffectiveness of the Council was revealed at the beginning of the conflict, less than two days after the start of the offensive, on February 26 this year, when the Russian Federation vetoed a resolution condemning the war in Ukraine[2]. In order to understand the shortcomings of the UN legal system, it is enough to cite a few articles of the United Nations Charter, which were broken by the Russian intrusion and the provisions constituting the helplessness of the UN. The first article that needs to be mentioned is Article 1 of the Charter in the second point, which contains a provision about what the UN is striving for: „To develop friendly relations between nations, based on respect for the principle of equality and self-determination and to take other appropriate measures for the consolidation of universal peace”[3]. In Article 2 of the Charter can be found point 2, which says: „All members shall settle their international disputes by peaceful means in such a way that neither international peace, nor security, nor justice will be endangered”[4]. An insight into the basic provisions of the United Nations provides an opportunity to outline the problem, namely the fact that the present war directly touches the foundations of the UN. This is seen more clearly when examining the characteristics of membership of the Security Council, which can be seen in Article 6 of the Charter: „A member of the United Nations, who persistently violates the principles contained in this Charter may, at the request of the Security Council, be removed from the Organization by the General Assembly”[5]. But what if it is a member of the Security Council who breaks the rules indicated earlier in the work? Pursuant to the quoted article 6, it may be removed at the request of the Council. In addition, there is also one entry at this point, Article 24, subsection 2: „In order to ensure the swift and effective action of the United Nations, the members of this Organization shall place primary responsibility on the Security Council for the maintenance of international peace and security and agree as to this, that the Security Council, in discharging it’s duties which result from that responsibility, acts on their behalf”[6]. When analyzing the provisions of the UN Charter, it is impossible to find a provision excluding a permanent member of the Security Council from deliberations, only Article 27.3, mentions the „obligation” to abstain from voting, but the „obligation” itself is not something legally binding, which confirms the belief that the Security Council is powerless in the ongoing war in Ukraine[7].
Geneva Conventions
When analyzing Russia’s attitude towards the Geneva Convention, it should be noted at the outset that in 2019, Vladimir Putin withdrew Moscow from the Additional Protocol protecting the victims of international conflicts[8]. Nevertheless, taking the genocide committed in Butcha[9] as an example, it should be pointed out that this is an unquestionable violation of any law, whether written or customary, but under this convention (4th Geneva Convention[10]), Russia did not withdraw it’s signature. The same is the case with the torture of prisoners of war (3rd Geneva Convention[11]), which, in a way, fulfills the features of crimes committed in Butcha or numerous rapes committed by Russians throughout Ukraine since February 24th this year[12]. However, reducing it to a purely military dimension, it should be noted that these regulations were also broken, which can be read or heard from the testimony of people who have escaped from captivity[13].
Ottawa Convention
one example of a convention might be one that is legally binding but at the same time one that Russia has not signed. It is the Ottawa Convention, which prohibits the use of anti-personnel mines, which the Russian army uses in the conflict that has arisen[14]. However, is it possible to impose compliance with the treaty on a party that has not signed it? Yes, because the law enacted by the state is valid throughout it’s territory. The fact that the Russians break it in Ukraine, that is, in the territory where it is in force, means that, following this analogy, Moscow can be accused of breaking this convention.
Summary
What is the goal result of settling the rights broken by Russians or indicating places where the law is ineffective? It shows that the last 100 years of international law have not secured world peace. Moreover, war crimes are as severe as they were 100 years ago. The very fact of their existence, despite the conventions prohibiting them, seriously questions their effectiveness
of these treaties. With that another question arises – how does the fact of a conflict affect international security? It can certainly create uncertainty about the near future. Moreover, legal loopholes or excessive trust in the Russians by making them a Permanent Member of the Security Council without introducing any regulations clearly inhibiting the hostile aspirations of even such important states was a mistake. Currently, there is no stable mechanism to defuse conflicts and tensions and the reasons for this state of affairs can be found in many factors, for example in the particular interests of states. Countries that want to take care of their existence and security, including energy security, buy raw materials from Russia, thus supporting their state apparatus. Is it illegal? It is legal, international cooperation is indicated in the first article of the UN Charter as the goal of the organization[15]. Several articles later, articles were written relating to the rejection of war as a political measure. Is it possible to work with a country that poses a threat? This is also a relative concept that goes hand in hand with the concept of security, but the time of signing the conventions is also important, because the UN Charter, Geneva Conventions and others were signed in the 1940s, i.e. over two generations ago. The current security conditions and the fact that it affects every aspect of life, which has changed dramatically during this time, places all treaties in the light of outdated and useless in the era of modern challenges and threats. But what about the Ottawa Convention, which is the youngest of these[16]? It was also affected by numerous transformations of powers and systems in the world, because more than 20 years have passed since it’s signing. So is it necessary to keep writing new conventions to keep them up-to-date? Right now it’s unknown, as well as what might happen in a year or two. As mentioned, security is relative and depends, inter alia, on the relationship between the actors of inter-subject anarchy in the international environment. Nevertheless, efforts should be made to implement new conventions and to work steadily in arranging subsequent discussions aimed at demonstrating that there is no place for war and violence as an element of politics in general.
[1] Member States, un.org, https://www.un.org/en/about-us/member-states#gotoU (Acces: 21.04.2022);
United Nations Security Council, un.org, https://www.un.org/securitycouncil/content/current-members
(Acces: 21.04.2022).
[2] Russia blocks Security Council action on Ukraine, UN News 26.02.2022, https://news.un.org/en/story/
2022/02/1112802 (Acces: 21.04.2022).
[3] Charter of the United Nations, the Statute of the International Court of Justice and the Agreement establishing the Preparatory Commission of the United Nations, 26 June 1945, San Francisco
(t. jedn.: Dz.U. 1947 nr 23 poz. 90).
[4] Ibidem
[5] Charter of the United Nations, the Statute of the International Court of Justice and the Agreement establishing the Preparatory Commission of the United Nations, 26 June 1945, San Francisco
(t. jedn.: Dz.U. 1947 nr 23 poz. 90).
[6] Ibidem
[7] Ibidem
[8] Putin wycofuje Rosję z protokolu dodatkowego konwencji genewskich, Rzeczpospolita.pl 18.10.2019, https://www.rp.pl/swiat/art1071421-putin-wycofuje-rosje-z-protokolu-dodatkowego-konwencji-genewskich (Acces: 21.04.2022).
[9] Browne M., Botti D., Willis H., Satellite images show bodies lay in Bucha for weeks, despite Russian claims, The New York Times 4.04.2022, https://www.nytimes.com/2022/04/04/world/europe/bucha-ukraine-bodies.html (Acces: 21.04.2022).
[10] Konwencja Genewska o ochronie osób cywilnych podczas wojny z dnia 12 sierpnia 1949 roku, Sejm’s Library, http://libr.sejm.gov.pl/tek01/txt/inne/1949-4.html (Acces: 21.04.2022).
[11] Konwencja Genewska o traktowaniu Jeńców wojennych z dnia 12 sierpnia 1949 roku, Sejm’s Library, http://libr.sejm.gov.pl/tek01/txt/inne/1949-3.html (Acces: 21.04.2022).
[12] Myroniuk A., „Hide the girls”: How Russian soldiers rape and torture Ukrainians, The Kiyv Independent 21.04.2022, https://kyivindependent.com/national/hide-the-girls-how-russian-soldiers-rape-and-torture-ukrainians/ (Acces: 21.04.2022).
[13] Parker Ch., Torture fears for British fighter held in Muriapol, The Times 13.04.2022, https://www.thetimes.co.uk/article/torture-fears-for-british-fighter-aiden-aslin-taken-by-russians-in-ukraine-5p7vfd3fh (Acces: 21.04.2022).
[14] Konwencja o zakazie użycia, składowania, produkcji i przekazywania min przeciwpiechotnych oraz o ich zniszczeniu, sporządzona w Oslo dnia 18 września 1979 roku, Dz. U. 2013.046 poz. 323, https://www.infor.pl/akt-prawny/DZU.2013.046.0000323,metryka,konwencja-o-zakazie-uzycia-skladowania-produkcji-i-przekazywania-min-przeciwpiechotnych-oraz-o-ich-zniszczeniu.html (Acces: 21.04.2022); Ukraine: Russia Uses Banned Antipersonnel Landmines, Human Rights Watch 29.03.2022, https://www.hrw.org/news/2022/03/29/ukraine-russia-uses-banned-antipersonnel-landmines (Acces: 21.04.2022).
[15] Charter of the United Nations, the Statute of the International Court of Justice and the Agreement establishing the Preparatory Commission of the United Nations, 26 June 1945, San Francisco
(t. jedn.: Dz.U. 1947 nr 23 poz. 90).
[16] The Ottawa Convention have been signed on 3 march 1997, source: Anti-Personnel Landmines Convention, un.org, https://www.un.org/disarmament/anti-personnel-landmines-convention/ (Acces: 21.04.2022).
Bezpiecznik.org 