The UN Security Council has power to authorise military action against aggression. Its predecessor, the League of Nations Council, only had the power to recommend measures, and some powerful states were absent from it altogether. The UN learnt from its flaws and its inability to prevent the Second World War.
But devil’s bargain in the UN Charter is that, in return for their membership, the powerful victors of that war were granted a veto power. Russia, and probably China, would veto any Security Council action against Russia, just as the US and UK could thwart any response to their illegal invasion of Iraq in 2003. The Security Council met this week but did nothing. Ukraine is lonely prey for Russia, in stark contrast to western drum-beating in defence of Taiwan.
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Absent steely resolve to directly defend Ukraine – what can the world do? First, Russia should be condemned, stigmatised, and isolated on the international plane, including through the UN General Assembly, which Russia cannot control, and even an advisory opinion from the International Court of Justice. Australia could also expel Russian diplomats, and recall our diplomats from Moscow.
Secondly, paralysing multilateral economic sanctions need to be imposed on Russia, even if these collaterally harm our own countries or Europe’s energy security in winter. These could include crippling Russian banks by barring them from the SWIFT payments system, penalising Russian transactions made in US dollars, restricting access to debt markets, or banning outright transactions with Russian banks. It should also include imposing sanctions on key Russian exports (such as oil and gas) or imports (like technology).
Sanctions should further be imposed on responsible Russian officials, freezing their assets and banning their travel. Australia’s new Magnitsky law could be used, though not in a partisan way only against our geopolitical rivals like Russia and China. We should also use them against other countries that have annexed foreign territory, such as Morocco, Israel, Turkey in Northern Cyprus, or Britain in Mauritius’ Chagos Islands.
Thirdly, it is lawful to provide military assistance to Ukraine, such as weapons, logistics, cyber capabilities, intelligence, training and expertise. Countries like Australia should step up. Ukraine has made specific requests of Australia, including for financial assistance.
The ban on aggressive war has contributed to the scarcity of inter-state war for 75 years, compared with its frequent occurrence before 1945. But the law requires all countries to actively champion it. Appeasing aggressors, as Crimea shows, simply whets their appetite. One day, Australia too may need to call on others for help, and hope that they come.
Ben Saul is Challis Chair of International Law at The University of Sydney.
How Australia can help Ukraine avoid a war with Russia
Source: Philippines Alive
