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Peace not Possible if Ukraine & Palestine are Occupied

Peace not Possible if Ukraine & Palestine are Occupied

Ambassador Curtis A. Ward

Amb. Curtis A. Ward

(08 November 2024) — There are few political leaders who are proponents of Ukraine ceding a part of its territory to Russia to end the war in Ukraine. Those who do are on the wrong side of settled international law and norms. This shattered peace in Europe was the direct result of Russian aggression, invasion, seizure and occupation of large swathes of Ukraine’s territory. Seizing another country’s territory by force is a gross violation of international law. It violates fundamental principles of international law and violates the United Nations Charter.

For a decade now, there has been no peace between Ukraine and Russia. The lack of international resolve to support Ukraine’s efforts to repel Russian invasion and annexation of Crimea, in 2014, emboldened Russian leader Vladimir Putin’s full-scale invasion of Ukraine again, on 24 February 2022, and seizure of much of Ukraine’s Donbas region. The response of the international community (IC) this time is much different than in 2014. The IC is more aware that Ukraine would be a first stop on Putin’s long-term objective to expand the Russian empire’s control over European countries bordering on Russian. Countries such as Moldova, Poland, the Baltic states — Estonia, Latvia, and Lithuania — are on Putin’s agenda.

With the growth in Russian threat, the IC led by U.S. President Joe Biden in collaboration with Western European leaders responded this time in unprecedented ways not seen since World War II. The people of Ukraine’s heroic defense of their homeland and resolve to defend and reclaim their territory found broad international support.

Votes in the United Nations General Assembly (UNGA) overwhelmingly condemned Russian aggression and expressed support for the sanctity of international laws and norms, and condemned Russia’s violations of international humanitarian laws.  Those who support Russia, particularly China, Iran, and North Korea, are complicit in Russia’s egregiousness. China’s and Russia’s veto power in the UN Security Council blocks any effort to impose punishing UN sanctions on Russian leaders and demanding compliance by all countries.

Accountability for War Crimes

There can be no peace without justice for the people of Ukraine. And there can be no justice until those responsible for violations of international law, including violations of international humanitarian law are held accountable. Violations by the Russian invaders have already been determined by the International Criminal Court (ICC).

Russian commanders in the field as well as those at military headquarters are guilty of war crimes by the invaders.  Putin and his enablers in Moscow are also guilty of war crimes. While their will be no justice without holding all those violators accountable, it is unlikely  anyone will be punished for these international war crimes. The victims of these heinous international crimes will never receive justice.

Ceding territory to Russia?

Map of Ukraine in the country’s flag colors

To suggest that Ukraine should cede its territory to achieve peace gives support to those who spurn international rule of law to build empire and violate the sovereignty and rights of other people. Such support emboldens other likeminded autocrats, including China’s leaders who are determined to end the rights of the people of Taiwan to self-determination. It emboldens the Netanyahu-led ultra-conservatives in Israel to continue its occupation and domination of Palestinian territory and people in the West Bank.  The war in Gaza against the terrorist group Iran’s proxy Hamas, in Lebanon against Hezbollah, and other Iran proxies threatens region-wide conflict in the Middle East.   Morocco’s military and administrative control over Western Sahara, an objective for almost half a century is now consolidated. Had South Africa’s control over the territory of Southwest Africa (now Namibia) and invasion of Angola in the 70s not reversed by Cuba’s intervention, the history of Southern Africa would have to be rewritten. There would have been no WWII had Hitler’s forces not advanced across Western Europe.

No Peace without Justice

The human toll rises each day these wars continue. Thousands more civilians, including women and children, will be killed by indiscriminate bombings and shelling by invading and occupying forces. Destruction of habitations and killing of civilians will be called collateral damage. That excuse reflects the inhumanity of the prosecutors of these wars. As evidence of illegal and indiscriminate killing of civilian mounts, the cry for accountability rises. But no accountability is foreseen.

The lessons we learn from history must be heeded as we seek to resolve current problems, in our attempts to thwart tyranny, and to preserve international norms and respect for international law. We must hold accountable those who seek to expand their empire and control and for violations of international norms. The ICC which was established to hold accountable those who commit certain international criminal acts, including aggression and war crimes, must be fully supported by the IC and given the means to carry out its responsibility to the IC.

By any measurable standards, there is strong evidence war crimes have been committed and continues to be committed in Ukraine by Russia, and by Israel in Gaza, and now in Lebanon. Hamas and Hizbollah are also guilty of war crimes, and crimes against humanity against the people of Israel — Hamas’ attack on Israel on 7 October 2023, and by Hezbollah’s missiles launched into Israel’s civilian areas. Illegal acts on one side do not justify illegal acts on the other.

These conflicts in Ukraine and the Middle East are complex. There are no easy solutions. But the IC must find ways to resolve them. In this context the UNGA must lead the way.

© Curtis A. Ward/The Ward Post 

[An earlier edition of  this article was published in the Jamaica Gleaner – Commentary section on September 30, 2024.]

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About the author

Ambassador Curtis A. Ward

Ambassador Curtis A. Ward is a former Ambassador and Deputy Permanent Representative of Jamaica to the United Nations with Special Responsibility for Security Council Affairs (1999-2002) serving on the UN Security Council for two years. He served three years as Expert Adviser to the UN Security Council Counter-Terrorism Committee. He is an Attorney-at-Law and International Consultant with extensive knowledge and experience in national and international legal and policy frameworks for effective implementation of United Nations (UN) and other international anti-terrorism mandates; the legal and administrative requirements to effectively implement and enforce anti-money laundering and countering financing of terrorism (AML/CFT); extensive knowledge of the legal and regulatory requirements for effective implementation and enforcement of United Nations multilateral and U.S.-imposed unilateral sanctions; and the imperatives for Rule of Law and governance. He is a geopolitical and international security analyst, and a human rights, democracy, and anticorruption advocate.

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