The United Nations Stands By Helplessly As Russia Invades Ukraine

Early in the morning of February 24th (Ukrainian time), Putin broadened the theater of war in Ukraine. He declared a “special military operation” in the country on the pretext of helping the people of Donbass. It was the equivalent of a declaration of war on all of Ukraine, punctuated by explosions that were heard in Ukraine’s capital, Kyiv, and other Ukrainian cities, in the aftermath of Putin’s “special military operation” order. Russia has launched missile attacks, targeting air bases and military infrastructure in multiple cities. The land invasion has also begun from several directions, spearheaded by Russian special forces. There have been reports of civilian fatalities, including of at least one child.

Blatantly violates the United Nations Charter

Putin pulled the trigger for his full-scale invasion as the United Nations Security Council was holding its second emergency session this week on the Ukraine crisis. In a macabre twist of fate, Russia is serving as the rotating president of the Security Council this month as it blatantly violates the United Nations Charter.   United Nations Secretary General Guterres pleaded with Putin to step back from the brink of war. “I have only one thing to say from the bottom of my heart: President Putin,” the Secretary General said, “stop your troops from attacking Ukraine. Give peace a chance. Too many people have already died.” Putin, as expected, ignored the Secretary General’s plea with his brutal unprovoked aggression against the Ukrainian people.   U.S. Ambassador to the United Nations Linda Thomas-Greenfield said that Russia “literally violated Ukraine’s sovereignty and territorial integrity on live television before the world.” Ambassador Thomas-Greenfield added that Ukrainians are counting on the United Nations and urged the Security Council not to let them down. Of course, the United Nations is powerless to do anything except provide a global platform for speeches and perhaps provide some humanitarian relief on the ground if Russia permits it.   Russia’s UN Ambassador Vassily Nebenzia blamed Ukraine for the crisis, repeating the absurd accusation that Ukraine had committed genocide against the people in Donbas. He added toward the end of the Security Council meeting that Russia was not being aggressive against the people of Ukraine, but rather, “the junta in power in Kyiv.”

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"There is no purgatory for war criminals"

China took a wishy-washy public stance, neither supporting nor condemning Russia’s invasion. China’s UN Ambassador Zhang Jun claimed that the door to a peaceful solution “is not fully shut, nor should it be,” just as Russia was firmly shutting this door down. He reiterated China’s position on safeguarding the sovereignty and territorial integrity of all nations, just as Russian military forces were undertaking their full-scale invasion of Ukraine’s sovereignty and territorial integrity.   China’s notion of national sovereignty is focused on its own territorial claims, including its claim that Taiwan is an integral part of China. It has been reported that nine Chinese aircraft entered Taiwan’s air defense zone on Thursday.   Ukraine’s UN Ambassador Sergiy Kyslytsya defiantly addressed Russia’s ambassador who was presiding over the Security Council. “Forty-eight minutes ago, your President declared war on Ukraine,” Ambassador Kyslytsya said. "There is no purgatory for war criminals."  

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We can expect a procedural fight over whether Russia is required to abstain from voting under Article 27 of the UN Charter

Ambassador Kyslytsya added that Russia should relinquish the responsibility of the presidency of the Security Council to a member state that respected the UN Charter. Russia has only a few days left in its current presidency. The United Arab Emirates takes over the presidency on March 1st. The United Kingdom and the United States will assume the presidency of the Security Council for the months of April and May respectively.   Ambassador Thomas-Greenfield took the floor of the Security Council for a second time. She said that the United States intended to table a resolution on February 24th. With Russia exercising its veto power, any meaningful resolution is doomed.   We can expect a procedural fight over whether Russia is required to abstain from voting under Article 27 of the UN Charter with regard to certain types of resolutions. Article 27 states that non-procedural votes of the Security Council “shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.”  

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All that the United Nations can do, aside from delivering humanitarian aid to Ukrainian civilians if permitted by Russia, is to stand by and watch what happens in Ukraine from the sidelines

Chapter VI requires member states to settle their disputes by peaceful means but contains no enforcement mechanisms. Article 52 authorizes the establishment of regional arrangements or agencies for dealing with matters relating to the maintenance of international peace and security. If a U.S. sponsored resolution goes so far as calling for a collective economic boycott of Russia under Chapter VII of the UN Charter, which contains the Security Council’s enforcement mechanisms, nothing would preclude Russia from exercising its veto.   Whether China decides to veto the resolution as a show of support for Russia or abstains remains to be seen.   All that the United Nations can do, aside from delivering humanitarian aid to Ukrainian civilians if permitted by Russia, is to stand by and watch what happens in Ukraine from the sidelines. We are going back in time to the days of the failed League of Nations.