Ukraine war raises the specter of a fragmenting international order

Attempts to expel Russia from the UN General Assembly or Security Council threaten to open a Pandora’s box, according to experts. (AFP)
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Updated 14 March 2022
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Ukraine war raises the specter of a fragmenting international order

  • Questioning of legitimacy of Russian Federation’s UN membership threatens to open a Pandora’s box
  • Russian veto in Security Council makes it very difficult to expel it or suspend its General Assembly membership

NEW YORK: The UN is confronting the most serious challenge to the international world order that the organization rests upon since its founding 76 years ago.

The Russia-Ukraine war is threatening to upend the UN as we know it, potentially ushering in the end of multilateralism. There is an attempt by Ukraine and its allies at the UN to strip the Russian Federation of its Security Council seat, and some go as far as asking that the General Assembly expel Russia from the UN altogether.

These calls stunned diplomats and observers, and led to frantic discussions about the legality, as well as the likelihood of this happening and what it might mean for the future of the organization, with some describing the effort as opening a Pandora’s box. There is no telling where this will stop.

The first sign that the tectonic plates of the world order itself were being shaken came during the Security Council meeting the night the news of the Russian attack on Ukraine reached the Council while in session, chaired by none other than Russian Permanent Representative to the UN Vasily Nebenzya, the president of the Security Council for the month of February.

Sergiy Kyslytsya, Ukraine’s ambassador to the UN, questioned in the meeting the legitimacy of the Russian Federation’s membership of the UN, and said that the Russian ambassador should hand the Security Council presidency over to a “legitimate member.”

Kyslytsya addressed the secretary-general of the UN, Antonio Guterres, who was attending the meeting, and asked him to request the secretariat to “distribute among the members of the Security Council and the General Assembly a decision by the Security Council dated December 1991 that recommends that the Russian Federation can be a member of this organization, as well as a decision by the General Assembly dated December 1991 where the General Assembly welcomes the Russian Federation to this organization.”

He said “it would be a miracle if the secretariat is able to produce such decisions.” This is because they do not exist.

The Russian Federation inherited the Soviet Union’s UN seat without going through the proper process of applying and gaining the permanent seat on the Security Council, or membership in the General Assembly.

Experts are skeptical that the Ukrainian move will succeed for many reasons, but the foremost among them is the veto power of Russia, which could be joined by China in preventing expulsion.

This does not deter the Ukranians, though, from continuing their campaign to expel Russia from the UN and strip it of its permanent seat at the Security Council.

Ukrainian President Volodymyr Zelensky announced on Twitter that, in a call with Guterres, he talked about taking away Russia’s permanent seat after Russia used its veto to block the adoption of the Security Council resolution condemning its invasion of Ukraine.




The UN opened an emergency special session of the General Assembly to discuss Russia's invasion of Ukraine and observed a minute of silence for those killed in the conflict. (AFP) 

Kyslytsya, in his tweets, addresses the Russian ambassador as the “gentleman in the Soviet seat.” The ambassador is using the fact that the Charter of the UN was not amended after the collapse of the Soviet Union.

The charter, when naming the P5, the five permanent members of the Security Council, in Article 23, still lists the Union of Soviet Socialist Republics as a permanent member, not the Russian Federation.

There is also a procedure for admitting or expelling a member of the UN. These rules are spelled in articles 3, 4, 5 and 6 of the UN charter. Article 5 stipulates that a member of the UN “against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council.”

Expelling a member also falls under Article 6, which opens the door for expelling a member that “persistently violates” the principles of the charter, by the General Assembly, but it also requires a recommendation from the Security Council.

South Africa was suspended from the General Assembly in 1974 over its apartheid policy, but with a Security Council recommendation.




Ukrainian Ambassador to the UN, Sergiy Kyslytsya (R), speaks with US Ambassador to the UN, Linda Thomas-Greenfield, before a Security Council emergency meeting, in New York on March 11. (AFP)

The representative of Tunisia then, in his capacity as the chairman of the African Group at the UN, requested a meeting of the Security Council to discuss South Africa and urged the council to invoke Article 6 of the charter and expel South Africa from the UN. The USSR representative supported the demand of South Africa’s expulsion from the UN as well.

The Russian veto in the Security Council makes it very difficult to expel it or suspend its membership in the General Assembly.

There is a precedent for using the veto to stop any action against a member involved in a matter that affects peace and security. It was exercised twice by the Soviet Union in its vote on the Hungarian Revolution in 1956, and during the invasion of Czechoslovakia in 1968.

Incidentally, after Russia used its veto during the Security Council vote on the Ukraine resolution last month, Mona Juul, the Norwegian ambassador, called on Russia to abstain from voting because it is a party to the conflict.

She said: “A veto by the aggressor undermines the purpose of the Security Council,” and “in the spirit of the charter, Russia, as a party, should have abstained from voting on this resolution.”

Russia claims it is acting in self-defense under Chapter 51 of the Charter and so the rule does not apply to its “special military operation.”

It is astonishing that questioning the legitimacy of the Russian seat came 30 years after the collapse of the Soviet Union, especially that no one challenged the transition from the USSR to the Russian Federation at the UN.




Permanent Representative of the Russian Federation to the United Nations, Ambassador Vasily Nebenzia speaks during a hybrid press briefing. (AFP)

On Dec. 21, 1991, the former Soviet Republics, 11 out of 12 of them, which formed the CIS (The Commonwealth of Independent States, which replaced the Soviet Union), supported Russia’s “continuance of the membership of the Union of Soviet Socialist Republics in the UN,” including the permanent seat in the Security Council, as well as in all the UN organizations.

Boris Yeltsin, then president of Russia, informed the US side on December 15, 1991, that Russia wanted to take over the Soviet seat at the Security Council. He sent a letter to the secretary-general of the UN declaring that Russia would continue its Soviet Union membership, supported by the CIS states.

By using the word “continuance,” Russia avoided going through the formal process of applying for the UN membership and getting the Security Council and the General Assembly to approve it through a vote. Ukraine now is saying that Russia should have done so.

It is worth recalling that the transition prompted at the time a legal debate about whether Russia was a “continuation” of the Soviet Union or a “successor.”

The continuation camp argued that Russia was the core of the Soviet Union and that, while the Soviet Union had ceased to exist, its core, Russia, was a continuation of the previous entity and therefore could inherit all its rights and obligations.

The successor camp, on the other hand, believed that when the Soviet Union ceased to exist, its seat at the Security Council no longer existed to be inherited by Russia. But few objected and Russia continued unchallenged — until today.

There are voices now calling for using the “Uniting for Peace” resolution, which allows emergency sessions of the General Assembly when the Security Council is blocked, to approve stripping Russia of its seat at the Security Council and even its UN membership.

This call found supporters in Washington, D.C., with a number of Republican members of Congress using Twitter to demand that “Russia be kicked off the UN Security Council.” One of these senators “plans to introduce a resolution in Congress to encourage the UN to remove Russia from the Security Council,” according to Fox News.




This Maxar satellite image taken and released on March 11, 2022 shows an overview of damaged buildings and burning fuel storage tanks at Antonov Airport in Hostomel. (AFP PHOTO / Satellite image ©2022 Maxar Technologies)

The Biden administration does not seem eager to take on this fight. When Linda Thomas-Greenfield, the US ambassador to the UN, was asked about it on CNN, she almost dismissed it and said: “Russia is a member of the Security Council. That is in the UN Charter.”

Experts and specialists in UN rules and procedures are highly skeptical “that you can strip Russia of its UN membership,” as Richard Gowan, the Crisis Group’s UN director, told Fox News. He said: “Russia could kill the process stone dead with its veto.”

The issue will also receive stiff resistance from the UN membership, including the P5, because it will set a precedent that no P5 member could be immune from the same fate in the future.

There is a consensus among diplomats at the UN that this process will not take off. Russia still enjoys support in the General Assembly, despite the fact that 141 members voted in favor of the resolution condemning its invasion of Ukraine.

Many countries voted for the resolution either because of political pressure or in support of the principles of the UN Charter. Ousting Russia from the Security Council or the General Assembly is seen as a political issue that will divide the General Assembly, and might even put the UN itself, and the international order, in danger.

It is doubtful that the developing world, no matter what the pressures are, will even entertain this possibility in the absence of any dramatic changes in the balance of power on the ground in this conflict.


Trump vows to pursue executions after Biden commutes most of federal death row

Updated 25 December 2024
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Trump vows to pursue executions after Biden commutes most of federal death row

  • Presidents historically have no involvement in dictating or recommending the punishments that federal prosecutors seek for defendants in criminal cases, though Trump has long sought more direct control over the Justice Department’s operations

FORT LAUDERDALE, Florida: President-elect Donald Trump promised on Tuesday to “vigorously pursue” capital punishment after President Joe Biden commuted the sentences of most people on federal death row partly to stop Trump from pushing forward their executions.
Trump criticized Biden’s decision on Monday to change the sentences of 37 of the 40 condemned people to life in prison without parole, arguing that it was senseless and insulted the families of their victims. Biden said converting their punishments to life imprisonment was consistent with the moratorium imposed on federal executions in cases other than terrorism and hate-motivated mass murder.
“Joe Biden just commuted the Death Sentence on 37 of the worst killers in our Country,” he wrote on his social media site. “When you hear the acts of each, you won’t believe that he did this. Makes no sense. Relatives and friends are further devastated. They can’t believe this is happening!”
Presidents historically have no involvement in dictating or recommending the punishments that federal prosecutors seek for defendants in criminal cases, though Trump has long sought more direct control over the Justice Department’s operations. The president-elect wrote that he would direct the department to pursue the death penalty “as soon as I am inaugurated,” but was vague on what specific actions he may take and said they would be in cases of “violent rapists, murderers, and monsters.”
He highlighted the cases of two men who were on federal death row for slaying a woman and a girl, had admitted to killing more and had their sentences commuted by Biden.
Is it a plan in motion or more rhetoric?
On the campaign trail, Trump often called for expanding the federal death penalty — including for those who kill police officers, those convicted of drug and human trafficking, and migrants who kill US citizens.
“Trump has been fairly consistent in wanting to sort of say that he thinks the death penalty is an important tool and he wants to use it,” said Douglas Berman, an expert on sentencing at Ohio State University’s law school. “But whether practically any of that can happen, either under existing law or other laws, is a heavy lift.”
Berman said Trump’s statement at this point seems to be just a response to Biden’s commutation.
“I’m inclined to think it’s still in sort of more the rhetoric phase. Just, ‘don’t worry. The new sheriff is coming. I like the death penalty,’” he said.
Most Americans have historically supported the death penalty for people convicted of murder, according to decades of annual polling by Gallup, but support has declined over the past few decades. About half of Americans were in favor in an October poll, while roughly 7 in 10 Americans backed capital punishment for murderers in 2007.
Death row inmates are mostly sentenced by states
Before Biden’s commutation, there were 40 federal death row inmates compared with more than 2,000 who have been sentenced to death by states.
“The reality is all of these crimes are typically handled by the states,” Berman said.
A question is whether the Trump administration would try to take over some state murder cases, such as those related to drug trafficking or smuggling. He could also attempt to take cases from states that have abolished the death penalty.
Could rape now be punishable by death?
Berman said Trump’s statement, along with some recent actions by states, may present an effort to get the Supreme Court to reconsider a precedent that considers the death penalty disproportionate punishment for rape.
“That would literally take decades to unfold. It’s not something that is going to happen overnight,” Berman said.
Before one of Trump’s rallies on Aug. 20, his prepared remarks released to the media said he would announce he would ask for the death penalty for child rapists and child traffickers. But Trump never delivered the line.
What were the cases highlighted by Trump?
One of the men Trump highlighted on Tuesday was ex-Marine Jorge Avila Torrez, who was sentenced to death for killing a sailor in Virginia and later pleaded guilty to the fatal stabbing of an 8-year-old and a 9-year-old girl in a suburban Chicago park several years before.
The other man, Thomas Steven Sanders, was sentenced to death for the kidnapping and slaying of a 12-year-old girl in Louisiana, days after shooting the girl’s mother in a wildlife park in Arizona. Court records show he admitted to both killings.
Some families of victims expressed anger with Biden’s decision, but the president had faced pressure from advocacy groups urging him to make it more difficult for Trump to increase the use of capital punishment for federal inmates. The ACLU and the US Conference of Catholic Bishops were some of the groups that applauded the decision.
Biden left three federal inmates to face execution. They are Dylann Roof, who carried out the 2015 racist slayings of nine Black members of Mother Emanuel AME Church in Charleston, South Carolina; 2013 Boston Marathon bomber Dzhokhar Tsarnaev; and Robert Bowers, who fatally shot 11 congregants at Pittsburgh’s Tree of Life Synagogue in 2018, the deadliest antisemitic attack in UShistory.


Airstrikes target suspected Pakistani Taliban hideouts in Afghanistan

Updated 25 December 2024
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Airstrikes target suspected Pakistani Taliban hideouts in Afghanistan

  • The strikes were carried out in a mountainous area in Paktika province bordering Pakistan, said the officials

PESHAWAR, Pakistan: Pakistan in rare airstrikes targeted multiple suspected hideouts of the Pakistani Taliban inside neighboring Afghanistan on Tuesday, dismantling a training facility and killing some insurgents, four security officials said.
The strikes were carried out in a mountainous area in Paktika province bordering Pakistan, said the officials. They spoke on the condition of anonymity because they were not authorized to speak to the media on the record. It was unclear whether the jets went deep inside Afghanistan, and how the strikes were launched.
No spokesman for Pakistan’s military was immediately available to share further details. But it was the second such attack on alleged hideouts of the Pakistani Taliban since March, when Pakistan said intelligence-based strikes took place in the border regions inside Afghanistan.
In Kabul, the Afghan Defense Ministry condemned the airstrikes by Pakistan, saying the bombing targeted civilians, including women and children.
It said that most of the victims were refugees from the Waziristan region.
“The Islamic Emirate of Afghanistan considers this a brutal act against all international principles and blatant aggression and strongly condemns it,” the ministry said.
Local residents said at least eight people, including women and children, were killed in the airstrikes by Pakistan. They said the death toll from the strikes may rise.
In a post on the X platform, the Afghan defense ministry said the Pakistani side should know that such unilateral measures are not a solution to any problem.
“The Islamic Emirate will not leave this cowardly act unanswered but rather considers the defense of its territory and territory to be its inalienable right.”
The strikes came hours after Mohammad Sadiq, Pakistan’s special representative for Afghanistan, traveled to Kabul to discuss a range of issues, including how to enhance bilateral trade, and improve ties.
Sadiq during the visit met with Sirajuddin Haqqani, Afghanistan’s acting interior minister, to offer his condolences over the Dec. 11 killing of his uncle Khalil Haqqani. He was the minister for refugees and repatriation who died in a suicide bombing that was claimed by a regional affiliate of the Daesh group.
Sadiq in a post on X said he also met with Foreign Minister Amir Khan Muttaqi and he “held wide ranging discussions. Agreed to work together to further strengthen bilateral cooperation as well as for peace and progress in the region.”
A delegation of the pro-Taliban Jamiat-e-Ulema Islam also visited Kabul on Tuesday to convey condolences over the killing of Haqqani’s uncle.
Islamabad often claims that the Pakistani Taliban use Afghan soil to launch attacks in Pakistan, a charge Kabul has denied.
Syed Muhammad Ali, an Islamabad-based security expert, said Tuesday’s airstrike “represents a clear and blunt warning to Pakistani Taliban that Pakistan will use all the available means against the terrorist outfit both inside and outside its borders.” However, it is not an indiscriminate use of force and due care was taken by Pakistan in ensuring that only the terrorist bases were hit and no civilian loss of life and property took place, he said.
The Afghan Taliban seized power in Afghanistan in 2021 and the Taliban takeover in Afghanistan has emboldened the Pakistani Taliban, known as Tehreek-e-Taliban Pakistan, whose leaders and fighters are hiding in Afghanistan.
The TTP has stepped up attacks on Pakistani soldiers and police since November 2022, when it unilaterally ended a ceasefire with the government after the failure of months of talks hosted by Afghanistan’s government in Kabul. The TTP in recent months has killed and wounded dozens of soldiers in attacks inside the country.


On Christmas Eve, Pope Francis launches holy Jubilee year

Updated 24 December 2024
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On Christmas Eve, Pope Francis launches holy Jubilee year

  • Pope had drawn an angry response from Israel at the weekend for condemning the “cruelty” of Israel’s strikes in Gaza that killed children

VATICAN CITY: Pope Francis opened the “Holy Door” of St. Peter’s Basilica on Christmas Eve on Tuesday, launching the Jubilee year of Catholic celebrations set to draw more than 30 million pilgrims to Rome.
The 88-year-old pontiff, who has recently been suffering from a cold, was pushed in a wheelchair up to the huge, ornate bronze door and knocked on it, before the doors opened.
In a ceremony watched on screens by thousands of faithful outside in St. Peter’s Square, the Argentine pontiff went through the door followed by a procession, as the bells of the Vatican basilica rang out.
Over the next 12 months, Catholic pilgrims will pass through the door — which is normally bricked up — by tradition benefiting from a “plenary indulgence,” a type of forgiveness for their sins.
Pope Francis then presided over the Christmas Eve mass in St. Peter’s, where he turned once again to the victims of war.
“We think of wars, of machine-gunned children, of bombs on schools and hospitals,” he said in his homily.
The pope had drawn an angry response from Israel at the weekend for condemning the “cruelty” of Israel’s strikes in Gaza that killed children.
He was due to deliver his traditional Christmas Day blessing, Urbi et Orbi (to the city and the world), at midday on Wednesday.
Some 700 security officers are being deployed around the Vatican and Rome for the Jubilee celebrations, with measures further tightened following Friday’s car-ramming attack on a Christmas market in Germany.
Much of Rome has also been given a facelift in preparation, with monuments such as the Trevi Fountain and the Ponte Sant’Angelo cleaned up and roads redesigned to improve the flow of traffic.
Many residents have questioned how the Eternal City — where key sites are already overcrowded and public transport is unreliable — will cope with millions more visitors next year.
Key Jubilee projects were only finished in the last few days after months of work that turned much of the city into a building site.
Inaugurating a new road tunnel at Piazza Pia next to the Vatican on Monday, Prime Minister Giorgia Meloni said it had taken a “little civil miracle” to get the project finished in time.
Over the course of the next few days, Holy Doors will be opened in Rome’s three major basilicas and in Catholic churches around the world.
On Thursday, Pope Francis will open a Holy Door at Rebibbia prison in Rome and preside over a mass in a show of support for the inmates.
Organized by the Church every 25 years, the Jubilee is intended as a period of reflection and penance, and is marked by a long list of cultural and religious events, from masses to exhibitions, conferences and concerts.
“It’s my first time in Rome and for me, to be here at the Vatican, I feel already blessed,” said Lisbeth Dembele, a 52-year-old French tourist visiting St. Peter’s Square earlier.
The Jubilee, whose motto this year is “Pilgrims of Hope,” is primarily aimed at the world’s almost 1.4 billion Catholics, but also aims to also reach a wider audience.
Traditions have evolved since the first such event back in 1300, launched by Pope Boniface VIII.
This year, the Vatican has provided pilgrims with online registration and multilingual phone apps to navigate events.


Snowstorm cuts power to tens of thousands in Bosnia

Updated 24 December 2024
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Snowstorm cuts power to tens of thousands in Bosnia

  • At the same time, in the western part of Bosnia, a state of emergency was declared after severe weather blocked all entry and exit points to the municipality of Drvar, cutting off its 17,000 residents

SARAJEVO: Parts of Bosnia and Herzegovina were cut off and more than 170,000 people were left without electricity on Tuesday due to a snowstorm gripping the region.
“Despite efforts and continuous work to repair the faults, the electricity supply situation worsened. Currently, 127,000 metering points are without power,” distributor Elektroprivreda BiH said.
Elektrokrajina, which covers the municipalities of the Serb entity in Bosnia, Republika Srpska, also announced that around 50,000 of its users are without power.
“All available field teams have been deployed and have been working since the early morning hours to repair the faults,” the company stated.
At the same time, in the western part of Bosnia, a state of emergency was declared after severe weather blocked all entry and exit points to the municipality of Drvar, cutting off its 17,000 residents.
“The situation is extremely difficult. The snow keeps falling. People are stranded in the snow,” Jasna Pecanac, the president of the Drvar Municipal Council, told local media.
Snowdrifts in some villages around Drvar are up to two meters high, and the heavy blizzard is making clearing efforts even more difficult.
“We are requesting assistance for snow clearing. All available machinery is already in the field,” said Pecanac.
The snow is heaviest in the western parts of the country, where a red weather alert is in effect.
In the hilly and mountainous areas of this region, the severe snowstorm has caused numerous faults in the electricity distribution network.
The Serbian official Hydrometeorological Institute has issued a warning that heavy snowfall will continue.

 


1 dead after Russian missile hits Ukrainian apartment block

Rescuers carry the body of killed person at the site where apartment building was hit by a Russian missile strike in Kryvyi Rih.
Updated 24 December 2024
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1 dead after Russian missile hits Ukrainian apartment block

  • Gov. Serhii Lysak said at least 11 other people were injured and more people could be trapped beneath the rubble of the four-story apartment block

KYIV: A Russian ballistic missile struck a residential building Tuesday in the Ukrainian city of Kryvyi Rih and at least one person was killed, local authorities said.
Gov. Serhii Lysak said at least 11 other people were injured and more people could be trapped beneath the rubble of the four-story apartment block.
Social media footage showed one side of the building had almost completely collapsed.
“Unfortunately, we are preparing for difficult news,” Mayor Oleksandr Vilkul wrote on his Telegram channel.
Minutes before his post, Ukraine’s air force alerted a “ballistic missile strike threat” for southern and central regions of Ukraine, later signaling a “high-speed” target flying in the direction of Kryvyi Rih.
The strike came as Ukraine prepared to officially celebrate Christmas for the second time on Dec. 25. President Volodymyr Zelensky signed legislation in July 2023 to bring Ukraine’s public Christmas holiday in line with the majority of other European countries, rather than the later date followed in Russia.
The shift sought to assert Ukraine’s national identity amid Russia’s full-scale invasion.
“While the rest of the world celebrates Christmas, Ukrainians continue to suffer from endless Russian attacks,” Ukraine’s human rights ombudsman, Dmytro Lubinets, wrote on social media.