The Hindu Editorial Analysis- 11th October 2022 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Russia’s Continued Defiance of International Law 

Context 

Recently, the United Nation Security Council voted on the draft resolution by the US and Albania that sought to condemn Russian aggression and called for the immediate cessation of violence and withdrawal of Russian military from Ukraine.

What is Uniting for Peace Resolution?

• About: UN General Assembly resolution 377(V) is known as the Uniting for peace resolution which was adopted in 1950. The most important part of resolution is section A which states that where the Security Council, because of lack of unanimity of the permanent members, fails to exercise its primary responsibility for the maintenance of international peace and security, the General Assembly shall seize itself of the matter.
• Origin: The Uniting for Peace resolution was initiated by the United States, in October 1950, as a means of circumventing further Soviet vetoes during the course of the Korean War.
• Objective: Under this, the UNGA granted to itself the power to deal with threats to the peace if the UNSC fails to act after a veto by a permanent member.
  • Such an interpretation sees the UNGA as being awarded 'final responsibility' for matters of international peace and security, by the UN Charter.
• Emergency Special Session (ESS): If not in session, the General Assembly may meet using the mechanism of the emergency special session. To date, 11 emergency special sessions have been convened.
• First ESS was instigated after France and UK veto over UNSC resolution 119 during the Suez Crisis 1956.

What are the Key Points of the resolution?

• The resolution, co-sponsored by 96 countries, needed two thirds of those present and voting to support it, for it to pass.
• It condemns the 24th February 2022 ‘special military operation’ by Russia over Ukraine.
• It says no territories acquired through force  (Donetsk and Luhansk) will be recognised and calls for Russia to “immediately, completely and unconditionally” withdraw from Ukraine.

What is India’s Dilemma?

• India’s strategic ambivalence at this big turning point in world geopolitics is born out of its friendships and strategic partnerships on both sides.
• Russia is India’s biggest and time tested supplier of defence weapons. Despite its growing friendship with China, Russia has boosted India’s defence capabilities with the S-400 air defence system.
• India’s Defence Minister visited Russia at the height of India’s crisis with the Chinese Army at the Line of Actual Control (LAC) in June 2020. And Russia has stood behind India at the UNSC on all issues.
• At the same time, India has a deep partnership with the United States, which includes defence pacts, trade and investment, technology, and not least, a huge connection through the Indian diaspora and people to people contacts.
• With thousands of students leaving Indian shores every year to study in American universities.
• The same with Europe. Additionally, France as one of the P-5 (Permanent Five) is a vital friend of India in the UN Security Council. India needs all these friends as it deals with China’s moves at the LAC.

What is India’s Stand and Concerns?

• India’s Permanent Representative to the UN, T. S. Tirumurti, said that the “safe and uninterrupted passage” of Indian nationals, especially students, was India’s “foremost priority”.
• India also called for an “immediate ceasefire” and humanitarian access to conflict areas.
• India hoped that the second round of talks between Russia and Ukraine would yield positive results.
• Russia’s actions have left India in an uncomfortable position as it attempts to balance its interests with both Russia and the Western Countries.
• However, India’s desire to remain an “abstentionist” power is being called into question.
• Given its experiences in its own neighbourhood, with China and Pakistan, India is also wary of the implications of not condemning one country unilaterally attempting to change the borders it shares with another.
• India urges that all Member States demonstrate their commitment to the principles of the UN Charter, to international law and respect for sovereignty and territorial integrity of all states.
• A number of countries in India’s neighbourhood supported the resolution — Bhutan, Nepal, and the Maldives, for instance. Afghanistan, currently run by a militant organisation (the Taliban), and Myanmar, currently ruled by a junta (military), also voted in favour of it.
• Bangladesh, Pakistan and Sri Lanka, like India, abstained. China also abstained.

Are UN resolutions binding?

• Resolutions and decisions are formal expressions of the opinion or will of UN organs.
• The nature of the resolution determines if it is considered binding on States.
• Articles 10 and 14 of the UN Charter refer to General Assembly resolutions as "recommendations".
• The recommendatory nature of General Assembly resolutions has repeatedly been stressed by the International Court of Justice.
• However, some General Assembly resolutions dealing with matters internal to the United Nations, such as budgetary decisions or instructions to lower-ranking organs, are clearly binding.
• In general, resolutions adopted by the Security Council acting under Chapter VII of the Charter, are considered binding, in accordance with Article 25 of the Charter.
• However, they are subject to veto exercised by permanent members of UNSC.

Way Forward

• Given India’s aspirations for global leadership and the oft quoted motto of “Vasudhaiva Kutumbakam”. It may become necessary for India to engage more deeply with the conflict in Europe, which is now a global concern.