"The current issue is very disheartening but do we have any other credible options? The United Nations has done a commendable job in preventing another world war for a considerable time. However has it reached its saturation point? Have we reached the stage where we need a better system of international law suited to the requirements of the modern era?"
MIKE RUBAN G
On February 24, 2022, Russia began a full-scale invasion of Ukraine under the pretext of a special military operation. Honestly, this is not a war that began a few days ago but rather many years ago. What we are witnessing today is simply an aggravation of the Russo-Ukrainian War from 2014 and the largest conventional military attack since the World Wars. It is only escalating as days pass by.
The preamble of the United Nations states, “We the Peoples of the United Nations Determined to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in larger freedom…”
As a student of International Law, it enrages me so much when I go through the preamble and the provisions of the UN Charter. All of us have been a little biased in a lot of ways. We have a bias towards European and western sentiments. Even though this is the worst event to occur since the world war, there have been various other events that have ravaged the very essence of humanity over the past few decades.
Article 1 Clause 1 of the UN Charter which deals with the purposes and principles of the United Nations states, “…prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace…” Further Article 2 Clause 4 of the UN Charter states, “All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.”
Over the past few years, whether it is the Afghan conflict or the Palestinian conflict or the most recent Russo-Ukrainian conflict, the UN has done very little. This trend is very disturbing and as someone who is just exploring the fulcrum of International Law, it makes me question its very existence.
The foundation of the United Nations lies in the very fact that it provides absolute sovereignty to the States and does not interfere with the freedom of the States. It is an institution that is working mainly under the prejudice of cooperation between the states.
Another worrying trend is the fact that the United Nations comes to life while dealing with the issues in African Nations but is all but clueless when it comes to a global superpower like America or Russia. The level of intervention becomes extremely limited and completely invisible. In light of the recent Russo-Ukrainian conflict, only independent countries have made sanctions against Russia but the United Nations has not taken any considerable action that is commendable in nature.
The war has ravaged Ukraine and even civilians are being targeted by the Russian forces. The existence of International Humanitarian Law is a mere joke to the current Russian President Vladimir Putin, a man who described the fragmentation of the USSR as the greatest disaster of the twentieth century. This is complete ignorance of the fact that a Nuclear war scarred the face of this planet in the very century.
Questions arise about the competency of the United Nations to deal with issues of such gravitas and the capacity of International Law to prevent such events. Human nature is non-existent in international law. If we break it down to the fundamentals, then we realize that it all comes down to human nature and human emotions, which international law has completely failed to ignore. I understand that ICRC exists, but it can be confidently said that ICRC might survive even without the United Nations and the contemporary International Law that we have.
The current issue is very disheartening but do we have any other credible options? The United Nations has done a commendable job in preventing another world war for a considerable time. However has it reached its saturation point? Have we reached the stage where we need a better system of international law suited to the requirements of the modern era?
The Russo-Ukraine issue is escalating at such a rate that Russia is unconcerned about the rest of the world. It is only concerned about itself. What we are witnessing is a Sovereign State, Free and Democratic that is completely being bullied by another State. It does not end with Russia. Our Noisy neighbours have their eyes set on Taiwan. Does this set a precedent that powerful states can do whatever they want? Do countries in the P5 have the absolute liberty to go berserk? Time to think about it!
The author, Mr. MIKE RUBAN G is a student of International Law & Organization. He was formerly our intern.
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