Currently, it would seem that the military conflict between the Russian and Ukrainian troops has stabilized because Ukraine was provided with American, British and other countries anti-tank weapons and anti-aircraft missiles, and has managed to contain the Russian advance.
Faced with this circumstance, the aggressor nation has begun to use long-range missiles to destroy buildings, houses, hospitals, schools, factories and everything it can reach, in order to undermine the psychological resistance of the ukrainians. If this continues, there will be only rubble and starving people searching for the remains of their loved ones left in this democratic country.
This is not acceptable for the civilized world. The United Nations has the obligation to take action and put an end to this attack on the human race.
Let’s take a look at the background of the topic.
The United Nations was created in 1945 and signed the “Charter of the United Nations” which is a legal instrument intended to guarantee not only peace between countries but the rights of all men to live in freedom.
In its first article the “letter” says: “… take collective action and eliminate threats to the peace, and suppress acts of aggression or other breaches of the peace…” It is clear that it must take measures when acts of aggression occur that may pose a danger to humanity.
Russia invaded Ukraine on February 24, 2022 without invoking any reason and with troops perfectly prepared for this event and without distinguishing military objectives from civilians and without respecting women, children, hospitals or schools. Their attitude shows that their real goal is to take over Ukraine, and take away the independence it has enjoyed since 1991, to end existing democracy, and its respect for human rights. Ukraine knows that if it falls into the hands of the Russians, it is left without the freedoms it enjoys and becomes a servant of a dictatorship. For these reasons it is fighting with formidable courage.
The rejection and the outrage caused by Russia´s invasion is virtually unanimous. Hundreds of millions of people repudiate what happened.
The United Nations Security Council immediately condemned the Russian invasion of Ukraine by an absolute majority of its members, but Russia, as a member with the right of veto, prevented the validity of the Security Council Resolution.
The word “veto” is not in the Charter of the United Nations. Article 27 requires that when it comes to “substantive issues” the unanimity of the five permanent members, namely China, the United States, France, the United Kingdom and Russia, is required. The disagreement of only one, prevents the validity of the resolution. That disagreement has been called “veto”. That lack of unanimity on the part of the five permanent countries, in my opinion, should not be considered a tacit permission by the Security Council to invade a member country of the United Nations that did nothing to merit such aggression.
The war initiated by Russia constitutes a flagrant contradiction with the above mentioned purposes of the Charter of the United Nations which are as we said ” … suppress acts of aggression or other breaches of the peace.” Consequently, article 27 cannot be interpreted as permitting the initiation of a war to seize another country or also the imposition of its absolute disregard for human rights.
The United Nations was created in 1945 a few months after the end of World War II to end all wars. On the side of the above winners, were the five countries mentioned which in our view were in the Security Council as guarantors of peace.
Those which have joined the United Nations have not done so, to give these five countries the right to invade the territory of others, but to be exempted from aggressions such as those suffered by Ukraine in open violation of international law.
On march 3, a special session of the General Assembly of the United Nations, which is made up of 193 countries, condemned the Russian invasion in a vote that had 141 in favor, 5 against, and 35 abstentions. This assembly expressed;:”… it deplores Russia’s aggression against Ukraine in the strongest terms” and “the Russian federation must immediately and unconditionally withdraw all its military forces from the territory of Ukraine within its internationally recognized borders”.
It is impossible to accept a contradiction between the purposes of the Charter of the United Nations, and what the Assembly proclaimed and resolved accordingly, the opinion of hundreds of millions of people and the supposed right of veto, which in this particular case favored the continuation of a foolish war.
In my opinion, the right of veto cannot be invoked against the overwhelming opinion of humanity , nor can wars be waged to seize a foreign country, and condemn a people to a dictatorship. This is not the proper meaning of the unanimity required by article 27 which is not established to give permission to destroy the United Nations’ more important purpose.
The United Nations must put an end to this war, for which it seems essential that the United Nations authorities appear in Ukraine and from there, in the very theater of the war, demand that Russian troops withdraw immediately out of this nation’s borders. There is no doubt this is risky for the authorities but it is also risky for a soldier to take a rifle and a helmet and face the enemy from a trench and yet he does it.
No doubt that in the face of this act of courage and the heavy fulfillment of the duty the authorities of the United Nations should perform, they will have universal support. It is quite possible, therefore, that RUssia will withdraw its troops from Ukraine and begin a constructive dialogue.
There is no doubt that this serious and serene attitude and formidable boldness and courage of those who lead the United Nations will free us from this unacceptable slaughter.
Author: Juan José Guaresti (nieto)