Sunday, March 13, 2022

Ukraine War

 russia engaged in an aggressive illegal war in violation of the Ukrainian soverenignty 

RUssia will use the responsibility to protect argument but it is a lousy argument


The responsibility to protect was first postulated by the International commission on intervention and State soverenignty which states "if a state cannot protect its' citizens from genocide war crimes crimes against humanity and the crime of aggression the international community must step in" this stepping in could include sanctions, blockades and in the worst case armed intervention 

Russia is claiming that the Luhansk and Donetsk Peoples' Republics are protecting russian citizens and russian speakers in the Donbass region

Ukraine considers them part of their sovereignty 


However we also must acknowledge the evolution of the area post Soviet Union collapse THe soviet union collapsed on December 26,1991 and dissolved into 15 seperate states Ukraine and Russia were two of them 

Many countries in the soc alled Iron Curtain flipped to teh West and became members of Nato and the european Union Ukraine has to make a similiar decision

Does it support rusisa or the eu and/or nato


Russia is afraid that NATO might threaten Russia';s hegemony over the Eastern states and felt for its own security to invade 


However there are ways to solve this conflict rather then war 

the International Court of Justice is the obvious place to go 


The Internatioanl Court of Justice is the top UN Court which settles disputes between nations 

it's in located in The Hague in the Netherlands 

the obvious case that could be brought will betame the Situation in Donbass and the cases of the Convention on the Elimination of all forms of Racial Discrimination and the Convention on Maritime law 

THe International Court of Justice could give an opinion on the situation 


the International Criminal Court also in the Hague could give an opinion

The International Crimianl Court where i Currently work prosecutes individuals for genocide, war crimes crimes against humanity and aggression It is based ont eh Rome Statute, a statute signed unsurpinsigly in Rome on July 17,1998 and entered into force on July 1,2002 


In fact the International Criminal court is looking at violatiosn of international humanitarian alw and the violations therin


there are two major branchs of INternational humanitarian law, the geneva conventions and the Hague COnventions

the geneva conventiosn consist of 4 treaties concering soldiers (1864) sailors (1906) prisoners of war (1929) and civilians (1949) 


the Hague Conventions which were ratified in 1899 and 1907 spells out the rules of war


Do I believe Russia or Ukraine are committing war crimes iN ukraine? That is for the chief prosecutor Karim Abdul Khan to decide and if he does my ass will be in the Ukraine giving information 

the crime of aggression is defined as starting a war without the approval of the UN Security Council 



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