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Cuba refuses to declare the Russian invasion of Ukraine illegal

Cuba refuses to declare the Russian invasion of Ukraine illegal

Photo: Andrea Reno/AFP.

March 3, 2022

legal touch

Cuba refrain Vote on the draft Precision who condemned and declared the illegality of the Russian invasion of Ukrainian lands. The project was approved on the morning of March 2, 2022 at the United Nations General Assembly.

The resolution, approved by 141 votes, condemned in the strongest terms the aggression of the Russian Federation against Ukraine and considered it a violation of the provisions of Article 2.4 of the Law. Charter of the United Nations.

Among other issues, the resolution calls for an immediate cessation of force against Ukraine and demands that Russia refrain from using any other illegal threats against UN member states. It also calls for the unconditional withdrawal of the Russian army outside the internationally recognized borders of Ukraine.

The document also called on Russia to retract its recognition of the Lugansk and Donetsk republics, and rejected the complicity of Belarus in the invasion – this country was one of the five countries that opposed approval of the resolution, along with Korea. North, Eritrea, Syria and Russia.

Like most UN General Assembly resolutions, this one is non-binding. Its discussion and approval in the General Assembly is the result of an earlier failed attempt to get the United Nations Security Council to decide on the matter.

El borrador de resolución fue presentado primero en el Consejo de Seguridad —órgano que sí tiene la capacidad para definir cuándo un acto de un Estado constituye una agresión y, en consecuencia, puede disponer logger medidas fu em ple de incluyan el que incluient el peace-. Within the Security Council, five permanent members have the right to veto: China, France, Great Britain, the United States and Russia. These states have the power to block any decision taken by the rest of the council with their single vote.

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Russia has used this right to veto the possibility of a Security Council resolution against it. The failure to accept certain requests before the Security Council does not prevent the affected States from submitting the issue of veto to the General Assembly for consideration; Note that the decisions issued by this body have more political than legal implications. This is the primary motivation for the Cuban government to submit a draft resolution to the General Assembly every year condemning US sanctions.

From statment From the Cuban government, issued on February 26, 2022, the authorities expressed their disagreement with the draft resolution. There, the Cuban Ambassador to the United Nations, Pedro Luis Pedroso Costa, reiterated during his tenure judicial intervention On February 1, 2022 before the General Assembly: that the draft resolution was not approved in the Security Council and for this reason the intention was to submit it again to the General Assembly. This statement is misleading and shows the hypocrisy and double standards of the Cuban government. Two positions that the ambassador said were rejected by Cuba.

True, the resolution, which was subsequently approved by the General Assembly, was first introduced by the United States and Albania in the Security Council. In that body was supported 11 out of 15 member states, and if they follow a democratic logic, should be approved. To support the 11 members, three more abstentions were added: India, the United Arab Emirates and China – the last country that also has a veto and which many hope will accompany Russia. Despite this majority support, Russia – which also assumed the presidency of the Security Council during the debate – used its veto to protect itself from the potential consequences of a decision taken by a majority of Council members. Cuba force question at other times.

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Cuba’s position during the vote on the draft resolution, once it is introduced in the General Assembly, is predictable. Since the government statement issued a few days ago, the Cuban authorities have announced their considerations. They stated that the draft resolution was not seen as a “real contribution to the search for solutions to the current crisis”, but was “a text that is unbalanced, and does not take[ba] Taking into account the legitimate interests of all parties involved.

Ambassador Pedroso Cuesta in his address to the General Assembly (1 March 2022) used – and literally – some passages from the official Cuban statement. But he did not mention an element she defends and denies in the resolution: Russia’s right to defend itself through an invasion.

Cuba’s position is reminiscent of the vote that took place in 1980 – while the archipelago was even president of the Non-Aligned Movement (no) – Issued in favor of the Soviet Union and against a resolution agreed In the General Assembly that condemned the Soviet Union’s invasion of Afghanistan.

It also contradicts his vote for A Precision – It was approved in 1989 by the same body – which condemned the illegal invasion of Panama by the US administration. This resolution rejected – in the same way that the anti-invasion resolution of Ukraine rejects today – “the deep intervention of the armed forces of the United States of America in Panama” and demanded an immediate cessation of the intervention and the “withdrawal of the armed forces of the United States.” Panama from the invading armed forces of the United States.”

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Cuba’s abstention on the decision to Russia’s invasion of Ukraine was not only expected, but foreseen. A few days ago, on February 28, 2022, at a meeting of the Human Rights Council, to which Cuba belongs, Cuban representatives voted against a request by Ukraine for an urgent discussion on the “situation of human rights”. Humans (.. .) derived from Russian aggression.” Cuba, China, Venezuela, Eritrea and Russia opposed such a debate. However, after a nominal vote with 29 votes in favour, five against and 13 abstentions, the Human Rights Council decided to hold an urgent discussion.

Among the ideas that could not have been expressed in the Human Rights Council if Cuba’s position had flourished communication By Michelle Bachelet, United Nations High Commissioner for Human Rights, who emphasized that the military attack on Ukraine puts the lives of countless people at risk. Bachelet claimed that between February 24 and 27, 2022, her office recorded 102 civilian deaths — including seven children — and 304 injuries. He also confirmed that the High Commissioner for Refugees had reported that 422,000 people had fled Ukraine and that many more had moved to other parts of the country.

Bachelet also said it is necessary to work to end conflicts, respect the Charter of the United Nations, and abide by international law. Advice that Cuba claims to comply with while trying to block discussions on those ideas and refraining from condemning an invasion contrary to those instruments.

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