Interesting in #Putin's speech was that the West would've created a rules-based order #Russia never agreed to. Appealing, I think, to non-Western, often former colonial states where this type of critique lands well. But USSR was frontrunner in establishing many of these rules. 1/
From 1950-1974, USSR led the campaign to define "aggression" in order to eliminate justifications for aggressive wars (A/C.1/608) while USA, FRA, CAN led the protests against any form of a fixed definition: they wanted to leave it up to UNSC, open for power play and ambiguity. 2/
The USSR wanted a detailed definition of this core norm in a rules-based order, aggression, that restricted the discretion of the UN Security Council. Despite meanwhile invading Hungary by the way: "to suppress a revolt", the 1956 Hungarian Revolution. 3/
In 1969 sessions of the Special Committee to define aggression, again USSR took a leadership role, submitting a proposal. USSR argued for instance for including that aggression is a crime against international peace; other proposals did not. A snippet of my PhD on this here. 4/
The USSR proposal also argued for including indirect aggression: i.e. the use of armed non-state actors to fight abroad. By then, the US/UK/AUS/CAN/ITA/JAP-coalition could agree with that. And so this became art 3(g) of the Definition of Aggression, UNGA Res 3314 (14-Dec 1974) /5
So this outcry that the rules-based order was created by the West and imposed onto #Russia is nonsense. So why do it? The speech (en.kremlin.ru/events/preside…) counted 13x the word colony/colonial and plenty of other references, to (falsely) align RUS with fate of colonised states. /6
For instance in this section. In a speech that's supposed to celebrate and legitimise the fake referenda & armed #annexation of parts of #Ukraine, he discusses the West's colonial policy and slave trade going back to the Middle Ages. And #Russia as protector and resistor. /7
Nothing in his speeches is unintended. This speech appeals to the rest of the world as much as his own people, to see #Russia as the benign resistor of the evil West, protector of human rights against Western aggression and colonisation, and to let RUS take parts of #Ukraine. /8
Absurd was also appeal to right to self-determination in Art 1 UN Ch, which says exact opposite of how Putin spins it: he refers to it to argue RUS had right to annex the territory, while art 1 connects it to friendly international relations and strengthening universal peace. /9
The right to self-determination makes it seem as if RUS is protecting people against human rights violations by UKR/West. Appeals to peoples that fought hard to escape their oppressors, many from the West. But the legal arguments and comparisons are distortions & simply false./10
And here’s more rules-based order that Russia co-created :)
Just as in 21 Feb-speech, #Putin uses the language of international law to spin his aggression as if #Russia is protecting human rights and self-determination of peoples, acting in self-defence, saving Russians from the aggressive West. Saying #Ukraine is aggressor. It's #lawfare
Despite all ceremony to let it appear as if some legal event took place in fake "referenda" and now signing the annexation, this has no effect in international law, just like Crimea's annexation did not. Int'l law prohibits any state recognising territorial results of aggression.
People often say Putin doesnt care about int'l law. It's far more complex: if he wouldnt care, he wouldnt invoke int'l law's doctrines. He uses & manipulates int'l law to try to legitimise his violations by making it seem as if int'l law allows it or could be interpreted as such.
Voor degenen die van de juridische details houden, draadje. In beginsel: mensenrechtenorganisaties zoals #Amnesty vervullen belangrijke taak door te signaleren als sprake is van schendingen zoals van #oorlogsrecht. Maar hier is het niet zo duidelijk dat dat ook geschonden is.
In een gewapend conflict moeten beide partijen zich houden aan het oorlogsrecht, ongeacht wie de agressor is. Rusland is hier de agressor, Oekraïne verdedigt zich. Maar beide landen zijn gebonden aan regels die vooral dienen om onnodige extra burgerslachtoffers te voorkomen.
Zo is er onderscheid tussen militaire doelwitten en burgerobjecten. Als strijdende partij burgerobject gebruikt voor de strijd, dan kan dit een legitiem militair doelwit worden. Maar alleen indien noodzakelijk & proportioneel en zoveel mogelijk voorkomen van burgerslachtoffers.
So let's go legal: Art 1 Genocide Convention provides for the obligation to prevent #genocide. Putin alluded to this in speech Monday when he claimed a genocide in #Ukraine and that they therefore could/had to intervene. This is false: it's not a justification for use of force.
Plus there is no genocide in #Ukraine, so more form of gaslighting. See for further analysis of his argumentations to appear as if his armed force is lawful/legitimate instead of the violation of art 2(4) UN Charter and act of aggression that it is, this:
Since #Russia referred to "#Genocide", #Ukraine now says: apparently we have a dispute over the interpretation and application of the notion of "genocide" and since we are both state parties to that treaty, we will invoke Article IX Genocide Convention.
Kremlin has just posted #Putin's speech in English: en.kremlin.ru/events/preside…
Dissecting it a bit for references to international law justifications for using force. Spoiler alert: Russia (obviously) does not have right to use force. It is #aggression. It's a crime of aggression. 1
It starts by referring to Ukrainians not as foreigners but embracing them as if they are Russian nationals. "Ukraine is not just a neighbouring country for us. It is an inalienable part of our own history,culture and spiritual space. These are our comrades, those dearest to us" 2
Nationality of course is a very strong legal concept on the basis of which a lot is allowed: if #Ukraine is not foreign but domestic, it is "law enforcement" rather than "armed attack"; it is "protection" rather than "invasion"; it is "helping them" rather than "annexing from". 3
#Russia is committing an act of aggression. This is what the UN was created for in 1945 after WWII, to react against together: the collective security system. All states now have the right to use military force against Russia under the right to collective self defense of #Ukraine
But they don't just have the "right" to do so, they have the duty. The UN was made for this. Its Preamble starts with vowing that this is what they would stand against together. Now all those 193 UN states (- 1, #Russia) should put their military where their mouth is. #Ukraine
The UN 1974 "Definition of Aggression" stipulated that "no territorial acquisition resulting from aggression is or shall be recognized as lawful". Yet: Crimea in 2014 and now this. If all states would stand together against aggression #Russia wouldn't dare or be able to do this.
At Eur Court of Human Rights (ECtHR) for the #MH17 hearing on admissibility and jurisdiction. The cases of #Ukraine v #Russia and #Netherlands v Russia are joined and discussed together today. Things are heating up between UKR and RUS: now that’ll be fought out in court as well.
Placement sheet of ECtHR’s judges and delegations/counsel of today’s #MH17 oral hearing. Hearing will discuss admissibility & jurisdiction: exhausting domestic remedies, 6month rule and Art 1 ECHR: was RUS active (with BUK crew or effective control) in UKR at time of downing MH17
RUS starts with arguing ECtHR should reject cases because no extra-territorial jurisdiction: it occurred in UKR; RUS had no effective control over the area. RUS points to financial support to UKR and suggests that this instead is effective control by Western states there. #MH17