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.


Business and Bollywood vote in India’s election

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Business and Bollywood vote in India’s election

  • Big conglomerates have bestowed upon Modi’s ruling Bharatiya Janata Party (BJP) a campaign war chest that dwarfs its rivals
  • Bollywood stars have backed its ideological commitment to more closely align with the country’s majority religion and politics

MUMBAI: A parade of India’s business and entertainment elite — many of them supporters of Prime Minister Narendra Modi — went to the polls Monday as the financial capital Mumbai voted in the latest round of the country’s six-week election.

Modi, 73, is widely expected to win a third term when the election concludes early next month, thanks in large part to his aggressive championing of India’s majority Hindu faith.

“My vote is for the BJP and Modi,” said Deepak MaHajjan, 42, who works in banking. “There is no other choice if you care about the future of the economy and business. I have always voted this way.”

Big conglomerates have bestowed upon Modi’s ruling Bharatiya Janata Party (BJP) a campaign war chest that dwarfs its rivals, while Bollywood stars have backed its ideological commitment to more closely align with the country’s majority religion and its politics.

Latest data shows that the BJP was by far the single biggest beneficiary of electoral bonds, a contentious political donation tool since ruled illegal by India’s top court.

Leading companies and wealthy businesspeople gave the party $730 million, accounting for just under half of all donations made under the scheme in the past five years.

Conglomerate owners support Modi’s government because it caters to the needs of India’s “existing oligarchic business elite,” Deepanshu Mohan of OP Jindal Global University told AFP.

Lower corporate tax rates, less red tape and a reduction in “municipal regulatory corruption” have also helped Modi win the affection of corporate titans, he said.

N. Chandrasekaran, the chairman of Tata Sons, a sprawling Indian conglomerate with interests ranging from cars and software to salt and tea, cast his ballot at a polling station in an upper-class Mumbai neighborhood.

Natarajan Chandrasekaran (C) Chairman of the Board at Tata Sons with his wife Lalitha Chandrasekaran (L) shows his inked finger after casting his ballot to vote outside a polling booth in Mumbai on May 20, 2024, during the fifth phase of voting of India's general election. (AFP)

“It’s a great privilege to have the opportunity to vote,” he told reporters.

Asia’s richest man, Reliance Industries chairman Mukesh Ambani, also voted at the same polling station, accompanied by his wife, son, and a media scrum, posing to show his ink-stained finger.

Anand Mahindra, chairman of the eponymous automaker, told news agency PTI after voting: “If you look at the world around us, there is so much uncertainty, there is such instability, there’s terror, there’s war.

“And we are in the middle of a stable democracy where we get a chance to vote peacefully, to decide what kind of government we want. It’s a blessing.”

Modi’s cultivated image as a champion of the Hindu faith is the foundation of his enduring popularity, rather than an economy still characterised by widespread unemployment and income inequality.

A Sadhu or a Hindu holy man shows his ink-marked finger after voting, outside a polling station during the fifth phase of India's general election, in Ayodhya, Uttar Pradesh, India, May 20, 2024. (Reuters)

This year he presided over the inauguration of a grand temple to the deity Ram, built on the grounds of a centuries-old mosque in Ayodhya razed by Hindu zealots in 1992.

Construction of the temple fulfilled a longstanding demand of Hindu activists and was widely celebrated across the country with back-to-back television coverage and street parties.

The ceremony was attended by hundreds of eminent Indians including Ambani, whose family donated $300,000 to the temple’s trust.

Also present were cricket star and Mumbai native Sachin Tendulkar along with actor Amitabh Bachchan — the single most famous product of Bollywood, as the financial hub’s film industry is known.

Mukesh Ambani, the Chairman of Reliance Industries, his wife Nita Ambani and their son Akash Ambani arrive to cast their votes at a polling station during the fifth phase of India’s general election, in Mumbai, India, May 20, 2024.

Numerous screen stars have established themselves as vocal champions of Modi’s administration since he was swept to office a decade ago.

Former soap actor Smriti Irani is one of the government’s most recognized ministers and beat India’s most prominent opposition leader Rahul Gandhi in the contest for her current parliamentary seat in 2019.

Filmmakers have also produced several provocative and ideologically charged films to match the ruling party’s sectarian messaging, which critics say deliberately maligns India’s 200-million-plus Muslim minority.

Last year’s “Kerala Story” was heavily promoted by the BJP but condemned elsewhere for falsely claiming thousands of Hindu women had been brainwashed by Muslims to join the Daesh group.

But some in Mumbai, like delivery driver Sunil Kirti voted for the opposition Congress party.

“In the past year I am earning less, but prices of basic essentials... food and vegetables have gone up,” said Kirti, 29. “Who is to blame for that?“

India’s election is conducted in seven phases over six weeks to ease the immense logistical burden of staging the democratic exercise in the world’s most populous country, with more than 968 million eligible voters.

The fifth round is taking place as parts of India endure their second heatwave in three weeks.

Scientific research shows climate change is causing heatwaves to become longer, more frequent and more intense.

Turnout is down several percentage points from the last national poll in 2019, with analysts blaming widespread expectations of a Modi victory as well as the heat.

Temperatures reached 44 degrees Celsius (111 degrees Fahrenheit) in Jhansi in Uttar Pradesh, one of the states where tens of millions of people voted on Monday.


Blinken says ICC arrest warrants could jeopardize ceasefire, hostage release efforts

Updated 38 min 7 sec ago
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Blinken says ICC arrest warrants could jeopardize ceasefire, hostage release efforts

  • “We reject the prosecutor’s equivalence of Israel with Hamas,” Blinken said

WASHINGTON: The United States rejects the International Criminal Court prosecutor’s application for arrest warrants for Israeli officials and Hamas, Secretary of State Antony Blinken said in a statement.
“We reject the prosecutor’s equivalence of Israel with Hamas,” Blinken said on Monday. The ICC arrest decisions could jeopardize efforts to reach a ceasefire agreement, hostage deal and to increase humanitarian aid in Gaza, Blinken said in the statement.


ICC prosecutor seeks arrest warrant for Israeli and Hamas leaders, including Netanyahu

Updated 54 min 38 sec ago
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ICC prosecutor seeks arrest warrant for Israeli and Hamas leaders, including Netanyahu

  • Karim Khan believes Benjamin Netanyahu, Yoav Gallant and three Hamas leaders are responsible for war crimes and crimes against humanity
  • The prosecutor must request the warrants from a pre-trial panel of three judges, who take on average two months to consider the evidence

THE HAGUE, Netherlands: The chief prosecutor of the International Criminal Court said Monday he is seeking arrest warrants for Israeli and Hamas leaders, including Israeli Prime Minister Benjamin Netanyahu, in connection with their actions during the seven-month war between Israel and Hamas.

Karim Khan said that he believes Netanyahu, his defense minister Yoav Gallant and three Hamas leaders — Yehia Sinwar, Mohammed Deif and Ismail Haniyeh — are responsible for war crimes and crimes against humanity in the Gaza Strip and Israel.

The prosecutor must request the warrants from a pre-trial panel of three judges, who take on average two months to consider the evidence and determine if the proceedings can move forward.

Israel is not a member of the court, and even if the arrest warrants are issued, Netanyahu and Gallant do not face any immediate risk of prosecution. But Khan’s announcement deepens Israel’s isolation as it presses ahead with its war, and the threat of arrest could make it difficult for the Israeli leaders to travel abroad.

Both Sinwar and Deif are believed to be hiding in Gaza as Israel tries to hunt them down. But Haniyeh, the supreme leader of the Islamic militant group, is based in Qatar and frequently travels across the region.

There was no immediate comment from either side.

Israel launched its war in response to an Oct. 7 cross-border attack by Hamas that killed some 1,200 people, mostly civilians, and took 250 others hostage. The Israeli offensive has killed over 35,000 Palestinians, at least half of them women and children, according to the latest estimates by Gaza health officials. The Israeli offensive has also triggered a humanitarian crisis in Gaza, displacing roughly 80 percent of the population and leaving hundreds of thousands of people on the brink of starvation, according to UN officials.

Speaking of the Israeli actions, Khan said in a statement that “the effects of the use of starvation as a method of warfare, together with other attacks and collective punishment against the civilian population of Gaza are acute, visible and widely known. ... They include malnutrition, dehydration, profound suffering and an increasing number of deaths among the Palestinian population, including babies, other children, and women.”

The United Nations and other aid agencies have repeatedly accused Israel of hindering aid deliveries throughout the war. Israel denies this, saying there are no restrictions on aid entering Gaza and accusing the United Nations of failing to distribute aid. The UN says aid workers have repeatedly come under Israeli fire, and also says ongoing fighting and a security vacuum have impeded deliveries.

Of the Hamas actions on Oct. 7, Khan, who visited the region in December, said that he saw for himself “the devastating scenes of these attacks and the profound impact of the unconscionable crimes charged in the applications filed today. Speaking with survivors, I heard how the love within a family, the deepest bonds between a parent and a child, were contorted to inflict unfathomable pain through calculated cruelty and extreme callousness. These acts demand accountability.”

After a brief period of international support for its war, Israel has faced increasing criticism as the war has dragged on and the death toll has climbed.

Israel is also facing a South African case in the International Court of Justice accusing Israel of genocide. Israel denies those charges.


Michael Cohen says he stole from Trump’s company as defense presses key hush money trial witness

Updated 20 May 2024
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Michael Cohen says he stole from Trump’s company as defense presses key hush money trial witness

  • The defense has painted Cohen as a serial fabulist who is on a revenge campaign aimed at taking down Trump
  • Cohen is the last prosecution witness, and it’s not yet clear whether Trump’s attorneys will call any witnesses, let alone Trump himself

NEW YORK: Former Donald Trump attorney Michael Cohen admitted Monday to jurors in the Republican’s hush money trial that he stole tens of thousands of dollars from Trump’s company as defense lawyers seized on the star witness’ misdeeds to attack his credibility.
With the prosecution’s case nearing its end, Trump’s attorneys hope Cohen’s admission — on top of his numerous other past lies and crimes — will sow doubt in jurors’ minds about Cohen’s crucial testimony implicating the presumptive Republican presidential nominee in the hush money scheme. The defense has painted Cohen as a serial fabulist who is on a revenge campaign aimed at taking down Trump.
Back on the witness stand for a fourth day, Cohen admitted while being questioned by defense attorney Todd Blanche that he pocketed cash that was supposed to be reimbursement for a $50,000 payment Cohen claimed he had shelled out to a technology firm. But Cohen actually gave the technology firm just $20,000 in cash in a brown paper bag, he said.
“So you stole from the Trump Organization?,” Blanche asked.
“Yes, sir,” Cohen replied. Cohen said he never paid the Trump Organization back. Cohen has never been charged with stealing from Trump’s company.
Cohen is the last prosecution witness, and it’s not yet clear whether Trump’s attorneys will call any witnesses, let alone Trump himself.
After more than four weeks of testimony about sex, money, tabloid machinations and the details of Trump’s company recordkeeping, jurors could begin deliberating as soon as next week to decide whether Trump is guilty of 34 felony counts of falsifying business records in the first criminal trial of a former US president.
The charges stem from internal Trump Organization records where payments to Cohen were marked as legal expenses, when prosecutors say they were really reimbursements for Daniels’ hush money payment.
Trump has pleaded not guilty. His lawyers say there was nothing criminal about the Daniels deal or the way Cohen was paid.
“There’s no crime,” Trump told reporters after arriving at the courthouse Monday. “We paid a legal expense. You know what it’s marked down as? A legal expense.”
While Cohen is prosecutors’ most important witness, but he is also vulnerable to attack.
The now-disbarred attorney has admitted on the witness stand to previously lying under oath and other falsehoods, many of which he claims were meant to protect Trump. Cohen served prison time after pleading guilty to various federal charges, including lying to Congress and a bank and engaging in campaign finance violations related to the hush money scheme.
And he has made millions of dollars off critical books about the former president, whom he regularly slams on social media in often profane terms.
Blanche grilled Cohen on Monday about his initial public denials that Trump knew about the Daniels payoff. After The Wall Street Journal reported in January 2018 that Cohen had arranged the payout to the porn actor more than a year earlier, Cohen told journalists, friends and others that Trump had been in the dark about the arrangement.
He did not change his account until after federal authorities in April 2018 searched Cohen’s home, office and other locations tied to him. Four months later, Cohen pleaded guilty to campaign-finance violations and other charges and told a court that Trump had directed him to arrange the Daniels payment.
Known for his hot temper, Cohen has remained mostly calm on the witness stand despite sometimes heated interrogation by the defense about his misdeeds and the allegations in the case.
Jurors remained largely engaged with Cohen’s testimony, though some appear to be dragging as his testimony stretched into another day. Several jurors stifled yawns while peering at the witness and looking at monitors in front of them as emails and other evidence were displayed. Some took notes. Others sat back and took in the testimony, occasionally peering at the gallery of reporters and public observers.
Cohen told jurors that Trump was intimately involved in the scheme to pay off Daniels to prevent her from going public late in his 2016 presidential campaign with claims of a 2006 sexual encounter with Trump. Trump says nothing sexual happened between them.
Cohen told jurors about meetings and conversations with Trump, including one in 2017 in which Cohen says he, Trump and then-Trump Organization finance chief Allen Weisselberg discussed how Cohen would recoup his outlay for the Daniels payment and how the reimbursement would be billed as “legal services.”
Manhattan District Attorney Alvin Bragg’s office is expected to rest its case once Cohen is off the stand, but prosecutors would have an opportunity to call rebuttal witnesses if Trump’s lawyers put on witnesses of their own. Judge Juan M. Merchan, citing scheduling issues, says he expects closing arguments to happen May 28, the Tuesday after Memorial Day.
Defense lawyers said they have not decided whether Trump will testify. And Trump did not respond to shouted questions from reporters about whether his lawyers have advised him not to take the stand. Defense attorneys generally are reluctant to put their clients on the witness stand and open them up to intense questioning by prosecutors, as it often does more harm than good.
Trump’s lawyers have said they may call Bradley A. Smith, a Republican law professor who was appointed by former President Bill Clinton to the Federal Election Commission, to refute the prosecution’s contention that the hush money payments amounted to campaign-finance violations. But the judge has limited what Smith can address.
There are often guardrails around expert testimony on legal matters, on the basis that it’s up to a judge — not an expert hired by one side or the other — to instruct jurors on applicable laws in a case.
Merchan has ruled that Smith can give general background on the FEC, the laws it enforces and the definitions of such terms as “campaign contribution.” But he cannot interpret how federal campaign-finance laws apply to the facts of Trump’s case or opine on whether the former president’s alleged actions violate those laws.


Putin appoints another economist as deputy Russian defense minister

Updated 20 May 2024
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Putin appoints another economist as deputy Russian defense minister

  • Putin sprang a surprise last week by removing defense minister Sergei Shoigu
  • The move was widely seen as aimed at getting more value from defense spending

MOSCOW: President Vladimir Putin on Monday appointed former deputy economy minister Oleg Savelyev as a deputy defense minister, according to a published decree, in a further sign of his intention to improve the efficiency of Russia’s war economy.
Putin sprang a surprise last week by removing defense minister Sergei Shoigu and replacing him with Andrei Belousov, an economist and former deputy prime minister. The move was widely seen as aimed at getting more value from defense spending and cleaning up the defense ministry, which has been hit by a major bribery scandal.
Savelyev worked in the economy ministry from 2008 to 2014 and briefly served as a deputy to Belousov, who headed the ministry at the time.
After Russia’s annexation of Crimea, Savelyev served as Minister for Crimean Affairs in 2014-2015. For the past five years, he has been an auditor for the Russian Accounts Chamber, overseeing state defense and security spending.