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बुधवार, 9 मार्च 2022

EDITORIAL- MARCH 7, 2022

THE HINDU EDITORIAL-MARCH, 7, 2022

 

Quadrilateral queasiness

India cannot be forced to pick a side in the conflict, but Russia could test its resolve

At a snap virtual meeting of the Quadrilateral security Dialogue or Quad, comprising India, the U.S., Australia and Japan, leaders discussed the crisis of Russia’s invasion of Ukraine along with more traditional topics of interest for the Dialogue, including territorial and maritime security across the Indo-Pacific, in the joint statement, issued after the summit, the four nations reaffirmed their commitment to a free and open Indo-Pacific, “in which the sovereignty and territorial integrity of all states is respected and countries are free from military, economic, and political coercion’. The latest Quad meeting was in part likely motivated by the concern of the U.S., Australia, and Japan that India, in not explicitly condemning Russian President Vladimir Putin’s decision to launch a ground offensive across the Russia-Ukraine border and to bomb Ukrainian infrastructure, might not be on the same page as the other Quad members vis-à-vis this conflict. They have not only condemned Russia’s aggression but have also slapped Kremlin elites and organizations linked to them with crippling sanction. India, contrarily, has abstained from three UN resolutions condemning Russia. There is also a considerable difference on the Russia-Ukraine issue in terms of the individual readouts of the Quad members. While the U.S., Australia and Japan directly called out Russia’s attempt to unilaterally force changes to the status quo in Ukraine and vowed not to let such action occur anywhere in the Indo-Pacific, India’s readout only referenced Ukraine in passing, in the context of establishing a new humanitarian assistance and disaster relief mechanism for this cause.

Russia’s action has obviously posed complex questions for India’s strategic calculus, even as New Delhi continues to be guided by the 21st century variant of its non-alignment paradigm, and by its need to remain close to Moscow, a major defense supplier. South Block is already well versed at playing hardball with mandarins at the U.S. State Department over getting a CAATSA waiver for India’s purchase of $5.43 billion worth of the Russian Triumph missile defense system. While the discussions on the Ukraine crisis will continue at the Quad and across other plurilateral platform where India and the U.S. work together for the greater good of the rules-based international order, the idea that NATO countries or even Russia can force sovereign nations with a proud history of non-alignment to pick a side in a complex geopolitical conflict is quite passé and eminently unviable in today’s interdependent global arena. The Quad, for example, cannot afford to alienate India, a critical partner in the global-strategic plan to balance the rise of China as a potential Asian hegemon. Yet, India may find its resolve and patience with Russia tested should Russian occupying forces begin committing war crimes and human rights violations in contravention of the Geneva Convention, the Universal Declaration of Human Rights and other applicable global treaties.

 

Heartland notes

As U.P. polls draw to a close, BJP knows a lot more than the immediate rides on outcome

Lead actors in Uttar Pradesh were repositioning themselves in the last lap of the Assemble elections that are concluding with the seventh and last phase on March 7. The voter participation across the first five phases was close to the 2017 level despite pandemic-related restrictions on campaigning. In the last week, the war in Ukraine also entered campaign conversations. Prime Minister Narendra Modi tried to reach out to people from the State directly affected by the war. He also acknowledged the serious problem of stray cattle caused by the short-sighted cow protection policy that was implemented by the BJP-government in the State. The party appeared defensive on the question of unemployment while gaining support for better law and order and welfare schemes. If re-elected, it has promised more welfare schemes such as a wedding gift of 1 lakh rupees for girls from BPL families. Samajwadi Party (SP) leader Akhilesh Yadav took note of the potency of welfare schemes for the BJP and sought to counter it by offering more. He has promised five years of free rations to the poor that will include ghee, lentils and other items. He has also striven hard to overcome the labeling – by expanding his social base – that he stood for one caste and one community: the Yadavs and Muslims. The question is whether he has marshalled enough public support to unseat the BJP that has three fourths of the seats in the outgoing Assembly. The burden of the SP’s past regime, perceived as corrupt and protective of criminals, disrupts his momentum.

Regardless of who wins, the outcome on March 10 will create ripples beyond the State’s boundaries. The results will influence the course of national politics, particularly the efforts to create a common platform of regional parties opposed to the BJP being spearheaded by Telangana Chief Minister K. Chandrashekar Rao. Congress leader Prinyanka Gandhi made a mark in the campaign, though nobody is betting on the fortunes of the Congress in the State. The Bahujan Samaj Party and the BJP had a public show of mutual warmth, and the political meaning of that will become clearer in the post-poll scenario. All these moves will largely depend on whether or not the fundamentals of the BJP politics in its biggest stronghold will challenged. The BJP has not faced a setback in U.P. since 2014, and one-fifth of its sitting Lok Sabha members are elected from this one State. If the SP’s social justice politics upsets the BJP’s Hindutva parade, it will mark a return of the politics of the 1990s in the heartland. This sheer possibility, however indistinct it might be, makes U.P. a very consequential crucible of Indian politics.

In sanctions bite, Nord Stream 2 in the cross hairs

A well chosen target, the massive gas pipeline is one of the key issues central to the Ukraine conflict

RANJAN MATHAI

Russia’s attack on Ukraine has triggered “unprecedented” economic sanctions by the United States, though how deeply they damage the Russia-Europe energy relationship remains to be seen. The speed with which the U.S. declared the Nord Stream 2 pipeline to be “dead at the bottom of the sea” indicates that this massive gas pipeline is one of the key issues at the bottom of the conflict.

Still a critical fuel

Despite global efforts to decarbonize energy, natural gas is set to remain one of the principal sources of primary energy till at least 2040. Europe is the world’s second largest market for natural gas, and hence the battleground between the superpowers of hydrocarbon energy, the U.S. and Russia. Germany, despite a decade of “energiewende” (an ‘energy turnaround’ or the ‘ongoing transition to a low carbon, environmentally sound, reliable, and affordable energy supply’), is still one of the world’s largest importers of oil and gas. It is again at the epicenter, as it has been in earlier energy pipeline disputes.

The post-war European security order under the North Atlantic Treaty Organization (NATO) and the Warsaw Pact was underpinned by an energy order in which oil was sold to West Europe from West Asian/Middle Eastern fields controlled by U.S. companies; and to East Europe from the giant oilfields of the Soviet Union. West Germany (the Federal Republic of Germany or the FRG) and other European countries had “economic miracles” and were drawn into the dollar denominated oil trade cycle, which supports U.S. global dominance to this day. Problems arose in the 1960s when Soviet production expanded rapidly and their planned “Druzhba” pipeline network went beyond integrating East Europe; to offering West Europe both lower prices for oil and large order for specialized pipes and transmission equipment. The FRG found the offer compelling and the U.S. fought to preserve market dominance by pressurinsing NATO partners into an embargo on pipe sales- applied retroactively. The FRG’s then 87-year-old Chancellor, Konrad Adenauer, finally acquiesced after a bitter internal debate. The Soviets built the pipeline with a two year lag; however, they only won a large share of the West European oil market after the West Asia/Middle East oil supply crises of the 1970s and fall in U.S. domestic production made it an importer.

An energy transition

The 1970s European energy transition to natural gas led to the geoeconomic linkage of giant Soviet gas fields to West European markets via pipelines through East Europe, again generating lucrative sales of large diameter pipes for German companies. The synergy of Germany’s Ostpolitik with the Siberian pipeline worked during the U.S.-Soviet détente; but during the 1981-83 crisis over Soviet backed martial law in Poland, there was another showdown when the U.S. tried to stop the completion of the huge Siberian pipeline. The U.S. had no alternative to offer except coal; and the formidable German Chancellor, Helmut Schmidt, faced down U.S. sanctions, saying bluntly “the pipeline will be built”. Built it was, and the U.S. gave up the sanctions within six months, switching to other tools to win the Cold War. The 1986 oil price crash caused by friendly Saudi Arabia which dented the Soviet economy may have been one.

The victorious U.S. then used NATO expansion into Eastern Europe and the Baltic States to create a new European security order in the face of a diminished Russia, and a risk-averse European Union. Breaking up Russia’s good friend Serbia in 1999 after 79 days of NATO bombing, was an early success. Plans to probe further into Georgia and Ukraine have however divided NATO. For the U.S. maintaining leadership in the face of Russia’s determined pushback now requires curtailing the growing EU-Russia gas synergy as a strategic objective, combined with a 1960s style fight over market share.

Impact of Putin’s push 

Russian President Vladimir Putin revived Russia by leveraging oil and gas production which provide 60% of exports, 25% of government revenue, and have boosted national reserves to $600 billion. It can, and has used gas as an instrument of influence in it’s “near abroad”. However, for the EU (60% of Russia’s gas exports), and its main customer Germany, Russia has been a most reliable supplier right through the Cold War, the break-up of the Soviet Union, the Division of the assets of the pipeline network with Ukraine and other successor states, and economic chaos under Russia’s Boris Yestsin. A new pipeline was built to Germany via Belarus and Poland; and Russia now supplies 35%-40% of the EU’s gas needs, In the early 2000s, the EU noted the stability of Russia’s gas deliveries, However in 2004, political instability in Ukraine began causing problems for gas flow, and thereafter, work on the direct Russia-Germany link via the undersea giant Nord Stream project was planned.

The two Nord Stream pipelines are gamechangers as they can meet nearly all of Germany’s import requirements, and are symbols of synergy with Russia. Crucially, however, they deprive Ukraine and East European transit countries of revenues and leave them dependent on Russia for continued supplies. Some have had to get Russian gas via eastward flows from Germany! Hence, their strident opposition to the Nord Stream project from the outset, and with U.S. support they have launched the Three Seas Initiative to develop north-south gas connectivity using liquefied natural gas (LNG) imported via maritime terminals on the Baltic, Adriatic and Black Seas.

The U.S. strategy                                                                 

As in the 1950s, the U.S. can now deliver energy – LNG – to buttress its security umbrella. The shale gas revolution has made the U.S. the world’s largest producer of gas; and as production surpassed the peak set in 1973, it has become a major exporter of LNG. The strategy of reducing Russia’s grip on the lucrative EU gas market is thus being pursued ruthlessly for both strategic and commercial reasons. U.S. LNG exports to the EU have grown rapidly to 22 billion cubic meters (BCM) worth $12 billion in 2021; and will go up sharply, if Nord Stream 2 remains non-functional and Germany has to set up LNG terminals instead. In case “green” activism curbs U.S. shale gas expansion, the geopolitically risk-laden effort to create a long-term Europe-Mideast gas nexus using the enormous gas reserves of Iran (and Qatar) could be revived.

German Chancellor Olaf Scholz’s support for Nord Stream 2 has been threatened since his assumption of office last December, which coincided with U.S. intelligence leaks about the imminent invasion of Ukraine. The beleaguered leader was ambivalent even in early February when U.S. President Joe Biden audaciously announced in Mr. Scholz’s presence, that in case of an invasion of Ukraine “there will no longer be a Nord Stream 2… We will bring an end to it “. His hand has now been forced and regulatory certification of pipeline is suspended; and Mr. Scholz announced a U-turn away from Ostpolitik to closer coordination with NATO.

Key reasons, looking ahead                                                  

Nord Stream 2 is a well chosen target as the recently completed €10 billion asset is wholly owned by Russia’s Gazprom unlike Nord Stream 1 (functional for a decade) which is jointly owned with European companies. Mr. Scholz’s Green coalition partners are also skeptical about it. The Nord Stream project has larger capacity than all of Russia’s current and planned gas pipelines to China; so it remains of great importance for Moscow. Nord Stream 1 survives, as Europe will suffer without it, but preserving market share in the EU requires Russia to keep gas also flowing through Ukraine.

The implications for the U.S.’s Indo-Pacific strategy, of the current focus on Europe are presently unclear. Much will depend on how Mr. Putin’s gamble plays out: i.e. of a pre-emptive strike against Ukraine itself, rather than a “minor incursion”, perhaps in Donbass, which Mr. Biden said would divide NATO over how to respond. Whether the EU, now sans the fervently NATO-inclined U.K., is actually jolted enough to take on a military dimension is question for the future. For the present, the U.S. aims to maintain preponderance at the western end of Eurasia with energy included in its arsenal.

 

Conflict and a ‘settings change’ for social media

A clear protocol governs such platforms is a must given their intersection with global public life in critical situations

SAPNI G.K.

The conflict between Russia and Ukraine has brought multiple questions to the fore on the validity of international law. Fingers have been pointed at the accepted norms of state behavior. Cyberspace is no alien to these questions, where ad hoc standard setting has been practiced as a norm for decades now.

Cover of ‘tech neutrality’

The challenges specific to the case now- the Ukraine conflict, where Russia is clearly the aggressor state – are not new either. Armed conflicts within and between states have played out in cyberspace for years. It is no surprise then to see the same dynamics play out on social media platforms. The increased attention is undoubtedly a function of the location of the conflict – Europe. The struggles of the Ukrainian population facing Russian aggression are by no means to be ignored, but the world outside Europe and North America has seen more than its share of conflicts, materializing and exacerbating the troubles of kinetic conflict through cyberspace. Social media platforms have gone by the mantra of “tech neutrality” to avoid taking decisions that may be considered political for too long.

The years that have passed have seen an active ignoring of the concerns around social media platforms during a conflict. It does not help that the harbingers of a free and open world did little to create norms for social media as a new dimension of conflicts. This worrying but unaddressed concern has been a looming threat since the world learned about its use by the Islamic State in the early 2010s, and continues to complicate our understanding of the limits of warfare. The lack of clear systems within social media companies that claim to connect the world is appalling. It is time that they should have learned from multiple instances, as recent as the Israeli use of force in Palestine.

Corporations and problems                                

In the context of conflict, social media platforms have multiple challenges that go unaddressed. Content moderation remains a core area of concern, where essentially, information warfare can be operationalised and throttled. These corporations do not have the obligation to act responsibly as is expected of a state. Yet, their sheer magnitude and narrative-building abilities place a degree of undeniable onus on them. After years of facing and acknowledging these challenges, most social media giants are yet to create institutional capacity to deal with such situation. Ad hoc responses too many predictable scenarios do not create an image of responsible action from such corporations.

Additionally, they also act as a conduit for further amplification of content on other platforms. Major social medial platforms such as Face book, Instagram, and Twitter also provide space for extremist views from fringe platforms, where the degree of direct relation to the user generating such content is blurred. Even though these big platforms create special teams to handle such content, the magnitude overwhelms the teams that are sparingly staffed. It is also a concern that the mascots of the liberal world where such fringe social media platforms are registered do little to regulate them.

Technology falls short

Misinformation and disinformation are thorny challenges to these platforms. Algorithmic solutions are widely put to use to address them. These include identification of content violative of their terms, reducing the visibility of content deemed inappropriate by the algorithm and in the determination of instances reported to be violative of the terms by other users. More often than not in critical cases, these algorithmic solutions have misfired, harming the already resource-scarce party. This reiterates human ingenuity and sensitivity to context. It is an essential ingredient to thwarting nefarious activity on social media platforms that cannot be outsourced to technology.

Instances such as these are an opportunity for these corporations to demonstrate their commitment to the values they profess. They should not stop at the point of creating small-over-worked teams with minimal understanding of the geographical and cultural dimensions of problems. The operational realities of these platforms require that the safety of users be prioritized to address pressing concerns, even at the cost of profits.

There was no unpredictability over conflicts in the information age spilling over to social media platforms. It did not even require pre-emption, since these have been recurrent events in the past decade. The international community and the liberal world order had to be proactive but failed to do so. We have missed the chance to have established a clear protocol on balancing the business interests of social media platforms and their intersection with global public life in critical situations. Though late, it would be valuable to have insights and clear frameworks to guide the behavior of states and these corporations in cases of conflict, which will inevitably spill over to social media platforms in today’s information age.

India has a role

For India, there are many lessons. India’s strategic position I the global order appear to be diminishing. The time is ripe to set that right and gain currency in the developing world order. The ruling party seems to be adept at using social media platforms to set a domestic narrative to its liking. However, India is yet to demonstrate any such aptitude before the international community. It will be useful to add that to the India agenda on all matters international.

The lack of coherent norms on state behavior in cyberspace as well as the intersection of business, cyberspace, and state activity is an opportunity for India. Indian diplomats can initiate a new track of conversations here which can benefit the international community at large. India should ensure that it initiates these conversations through well-informed diplomats. Ultimately, this will contribute to maintaining a rule-based word order that can greatly benefit India.

Transparency, accountability

Finally, it is necessary to reassess the domestic regulatory frame-work on social media platforms. Transparency and accountability need to be foundational to the regulation of social media platforms in the information age. The moral standing for initiating any change to the global order must stem from a domestic policy that reflects the protection of the interests of the people over that of the political masters. We must stay away from the trend of regulatory norms that are deeply infringing on the rights accorded in a democracy.

Uncertainties of conflict overwhelm people and institutions. The dangerous conflation of social media as the civilian public square and site of international conflict will not bode well. A protocol that outlines the norms of behavior on social media during such situations can help in addressing the multitude of evolving factors It is in our national interest and that of a rule-based global polity that social media platforms be dealt with more attention across spheres than with a range of reactionary measures addressing immediate concerns alone.

 

 

मंगलवार, 8 मार्च 2022

EDITORIAL- MARCH 1, 2022

THE HINDU EDITORIAL- MARCH 1, 2022

 

Counting the costs

Talks to end the war are a must as sanctions on Russia will hurt the wider world

Saturday’s announcement by the U.S., the U.K. and European allies, including France and Germany, of a raft of ‘further restrictive economic measures’ to increase the costs on Russia for its invasion of Ukraine has just raised the risks of a more widespread economic fallout from this war. With a view to further isolating Russia from the international financial system, the western allies decided  to block ‘selected’ Russian banks from the SWIFT massaging system used to validate and complete international payment transactions. They also resolved to impose restrictions on the Russian central bank’s ability to access and deploy the country’s ‘war chest’ of an estimated $630 billion in foreign exchange reserves. The immediate impact of these moves on Russia’s economy and financial markets have manifested in a sharp depreciation in the value of the ruble- the currency tumbled almost 30% intraday to a record low against the dollar in Asian trading on Monday and has weakened about 26% so far in 2022. They also forced the country’s central bank to more than double its benchmark interest rate to 20%, the highest in almost two decades, and impose controls on capital flows. Russia’s largest lender Burbank found its European arm facing a run on its deposits, which the European Central Bank Warned could lead to the unit’s ‘failure’. With Russians waiting in long queues outside ATMs on fears of likely cash shortages, the country’s citizens face the real prospect of runaway inflation.

But the economic costs of Vladimir Putin’s unilateral decision to embark on what he called a ‘special military operation’ to describe Russia’s all-out invasion of its western neighbor last week are already being felt worldwide. European banks and companies with significant business exposure to Russia have taken a beating on the bourses given the extent to which the sharp escalation in the sanctions is certain to hurt their operations and revenues. And though the western allies have carefully avoided any mention so far on closing the tap on Russia’s massive exports of oil and gas that contribute substantially to the country’s current-account surplus, concerns about possible disruptions to shipments from the world’s second-largest producer of oil have pushed the price of Brent crude futures well above $100 a barrel. With most large European economies majorly reliant on energy costs fanning a bruising acceleration in inflation in Europe and worldwide is very real. At a time when a durable recovery from the shock of the COVID-19 pandemic is yet to take hold, the war initiated by Russia, and the consequent sanctions on it, especially if widened to cover countries that seek to bypass the sanction regime, pose a challenge to the global economy that Robobank’s economists projected could be ‘so bad’ as to be unquantifiable. Expedient negotiations to end the conflict are the only way forward.

 

On top at home

Indian cricket’s emerging players are showing no signs of stage-fright

 

With the Himalayas looming over Dharamshala, India scaled fresh heights in its evolving journey in Twenty20 Internationals. After winning the inaugural 2007 ICC World t20 in South Africa, the Men in Blue flattered to deceive in cricket’s shortest version, specifically in global events. However, India largely does excel in bilateral series and the latest triumph was the 3-0 sweep against the visiting Sri Lankans in a clash that had its final episode at Dharamshala on Sunday night. After clinching the opening fixture at Lucknow, India extended that winning-act in the next two games under the mountain skies. Having recently swept past the West Indies at 3-0 each in ODIs and T20Is, Rohit Sharma’s cup of joy continues to brim. The latest squad missed Virat Kohli and Rishabh Pant, who were given a bio-bubble break, while the injured duo of K.L. Rahul and Hardik Pandya remain on the recovery path. Yet, India papered over the cracks and found men who could fill these vacant boots, Even Rohit after a 44 ant Lucknow, managed just one and five in the last two encounters. The absence of key personnel and the meager batting returns from the captain were tided past. The West Indies earlier and Sri Lanka now are essentially outfits in transitions, but India deserves credit for the way it drove home its advantage with emphatic performances.

As India builds a unit leading into the ICC Twenty20 World cup later this year in Australia, these results offer hope. Even from among those players penciled in as part of the core group, Rohit missed and injured Suryakumar Yadav, who had flourished against the West Indies. But like the Test squad that revealed a strong bench-strength during the tour of Australia in the 2020-21 season, the Men in Blue displayed a similar resilience. Be it Ishan Kishan or a Sanju Samson being tried atop the batting tree or a Shreyas lyer, positioned as the latest middle-order fulcrum, what caught the eye was the ease with which these batters embraced their roles. Shreyas was in blistering form as evident from his unbeaten knocks of 57, 74 and 73. The Mumbaikar and his alliance with Ravindra Jadeja in the second match, which perhaps could have gone to the wire, offered riveting fare and hinted at the host’s ominous form, especially in its backyard. Jadeja’s return again provides the all-round option that India has chased ever since Kapil Dev retired in 1994. Jadeja, Hardik and wicket-keepers who can bat like earlier in the case of M.S. Dhoni and currently through Pant, offer balance to any unit. Currently through Pant, offer balance to any unit. Currently Indian cricket’s conveyor belt is chugging along smoothly with emerging players showing no signs of stage-fright.

 

Debunking Russia’s international law justifications                                                                   

The grounds on which the Russian President has tried to justify Moscow’s illegal actions against Ukraine are erroneous

PRABHASH RANJAN & ACCHYUTH ANIL

Notwithstanding the spin offered by international relations experts on the Russia-Ukraine crises, the unequivocal truth is this. The Russian invasion of Ukraine is a brutal murder of the United Nation (UN) Charter and several other tenets of international law. Ironically, Russian President Vladimir Putin has invoked international law to justify Moscow’s barefaced illegal actions. But these justifications are erroneous.

 

Recognition of territories

Three days before the full-scale invasion of Ukraine, Russia recognized the supposedly independent territories of Donetsk and Luhansk in eastern Ukraine and signed treaties of friendship with these entities paving the way for Russian troops moving in as “peacekeepers”. In doing so, Russia seems to rely on the controversial theory of remedial secession, which posits the unilateral secession of territory from the parent state in the most extreme cases. However, international law, beyond the context of decolonization, does not recognize a general right to unilateral secession within the principle of self-determination. Even if an arguable case could be made for remedial secession, it requires a very high threshold such as severe violations of human rights and systemic oppression of ethnic Russians by Ukraine. Russia’s claims of the genocide of ethnic Russians are not backed by any evidence Ukraine has moved the International Court of Justice on the issue of alleged genocide. In any case, Ukraine expressly agreed to recognize the autonomy of Donetsk and Luhansk under the Minsk Accords with Russia, thereby promising to protect the right to self-determination of these territories. Therefore, Russia’s claims have no basis in international law. In recognizing the statehood of Donetsk and Luhansk, Russia has violated Article 2(4) of the UN Charter by undermining Ukraine’s territorial integrity.

 

Use of force

The Russian illegality has not been restricted to just this. The Russian missile strikes in Ukraine including on non-military objects and the Russian forces marching through Ukrainian soil are a ruthless exhibition of the use of force in international relations, which Article 2(4) of the UN Charter proscribes. Bizarrely, Mr. Putin claims that he is acting in self-defense in the case of an armed attack by one state against another state. However, Ukraine has not launched an “armed attack” against Russia warranting defensive strikes. Moreover, there was no ‘imminent’ threat from Ukraine that would have justified Russia’s actions even under the arguable theory of anticipatory self-defense in international law. The right to collective self-defense under Article-51 exists only for states. Donetsk and Luhansk are not states under international law. Moreover, Ukraine did not attack these purportedly independent states. Even assuming that legitimate grounds for self-defense exist, nothing in Article-51 or customary international law permits a disproportionate action in self defense, such as a full-scale invasion of Ukraine.

Mr. Putin’s despicable actions are tantamount to committing the crime of aggression as defined under the Rome Statute of the International Criminal Court (ICC). The Rome Statute in Article 8bis (2) defines an act of aggression to mean any use of force against the sovereignty, territorial integrity, or political independence of another state. Ideally, the aggressor state and its leaders should face international criminal responsibility for aggression. However, the ICC is unable to exercise jurisdiction unless both the aggressor and victim states are party to the Rome Statute. With Russia and Ukraine not being a party, the likelihood of legal accountability to the actions of Russia is slim.

 

On’R2P’

Mr. Putin also indirectly invoked the controversial doctrine of humanitarian intervention, also termed Responsibility to Protect (R2P), in international law for its actions in Ukraine. R2P stems from every state’s responsibility to protect its population from gross violations of human rights and the international community’s responsibility in assisting states to fulfill such responsibility. Controversially, this principle has been stretched to justify the use of force by third states in the territory of a state which has failed in its duty to protect its citizens Such actions may or may not be authorized by the UN Security Council (UNSC); the 2011 military intervention in Libya received UN authorization, while the 1995 North Atlantic Treaty Organization bombing of Bosnian Serbs did not. However, the R2P doctrine remains disputed in international law. Even if it exists, there is no evidence that ethnic Russians in Ukraine are facing atrocities that merit a humanitarian intervention of the scale that Russia has launched. The irony of Russia invoking the R2P doctrine for its Ukrainian invasion, in the same declaration criticizing the West for R2P in Libya and the former Yugoslavia, is lost in hubris.

 

Russia’s revisionism

It will be futile to look at the current crisis through the narrow lens of black letter law alone without expounding the ideational moorings of Russia’s approach. The Kremlin believes that the world is divided into spheres of influence. Thus, one needs to distinguish between countries that are truly sovereign and countries that possess nominal or limited sovereignty. Russia views Ukraine as an entity that possesses limited sovereignty. The global community should take note of Mr. Putin’s precarious game of resurrecting a ‘Russian empire’ that could topple the very foundations on which the post-World War rule-based international order has been laboriously built. This is part of the Russian approach toward international law which believes that the basis of international law is not universal but cultural and civilization distinctness.

Rooted in Russia’s cultural and civilization exceptionalism is the emphasis on statism. Indeed, Putin’s Russia has doubled down on statism in international law through institutionalizing several mechanisms. For example, Russia has created a constitutional apparatus to denounce international human rights law, by empowering the Russian Constitutional Court to invalidate any judgment by any human rights mechanism (including the European Court of Human Rights), if they are found to be inconsistent with the Russian constitution.

History tells us humanity has suffered at the hands of hypermasculine autocratic leaders who set out on the path of achieving mythical civilsational greatness. The global community should collectively ensure that this is not repeated. International law should be marshaled to constrain arbitrary state power and check imperial designs. Or else the sustenance of a rule-based international order shall remain a pipe dream.

 

Ukraine’s situations, India’s national interest

While India needs to remind Russia that its actions violate the BRICS Delhi resolution, the UN can assist Ukraine

SUBRAMANIAM SWAMY

The Russian President, Vladimir Putin, in his televised speech on the night of February 21,2022, had announced a “special military operation to protect people who have been abused by the genocide of the Kyiv regime for eight years.” Mr. Putin further said; “We will strive for the demilitarization and de-Nazification of Ukraine, as well bring to justice those who committed numerous bloody crimes against civilians.” Who is ‘We’? In the 21st century, why is Mr. Putin using despicable 19th century Imperialist language?

 

A belief without basis

There is, or was, however no genocide in Ukraine proved by any documented report. Moreover, the Ukrainian government is nowhere close to be legitimately called “Nazi”. For example, Ukrainian President Volodymyr Zelensky is a Jew. He is also proud of his Jewish grandfather who had fought against Hitler’s German army. In fact, Mr. Putin’s actions during the last few days are making Mr. Putin himself sound more like the hated Nazis. As of now, Russian bombs are pounding Ukraine. Russian soldiers are pouring into Ukraine. The only question on everyone’s lips is: “Why? What does Russia hope to accomplish with this bloody invasion?” The Ukrainian people from the very top, from President Zelensky himself, have decided to fight and Russian troop movement is thus down to a crawl and behind announced schedule.

Mr. Putin seems to believe that “Ukraine is an illegitimate country that exists on land that is historically and rightfully Russia’s”. But even the most biased Russian history book does not suggest even remotely this outrageous Nazi-like belief of Mr. Putin.

Thus the talk of a “de-Nazification” of the Russian establishment, while absurd at the factual level nonetheless reveals that Mr. Putin is “acting on his long-held autocratic belief that the Ukrainian government has no right to exist”. His ultimate goal seems to be to make Ukraine into a vassal of his future as yet imaginary, Russian-led Soviet Empire.

In his earlier 2005 Declaration, Mr. Putin had stated that “the collapse of the Soviet Union was a major geopolitical disaster”. There are not many takers for this view even inside Russia. “The most relevant formulation, for the purposes of understanding the current invasion, however came in Mr. Putin inflammatory speech on Ukraine policy delivered on February 20 last, in which the central contention of his address is that Ukraine and Russia are, in historical terms, essentially inseparable. Mr. Putin’s narrative is twisted history: it is simply incorrect to say that Ukraine has had no independent national identity that is separate from Russia”.

The Narendra Modi government has decided to abstain on the vote on the United Nations Security Council Resolution (moved by the United States and its allies against Russia over the Ukraine invasion). But Prime Minister Modi should surely recognize that BRICS, in its New Delhi Declaration (paragraph 22 in the XIII BRICS Summit), had resolved that the five BRICS nations were opposed to the unilateral use of force against any state, and wanted all disputes resolved by peaceful means, and categorically ruled out the use of force against the territorial integrity or political independence of any State (September 9, 2021).

 

The BRICS Delhi resolution

The text adopted was as follows: “We (BRICS) underscore the inadmissibility of the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes and principles or United Nations.”

Thus, the New Delhi BRICS Declaration commits to resolving all disputes by peaceful means and is opposed to unilateral use of force against any state. Russia by invading Ukraine has violated that resolution to which India also was a prominent party.

This declaration was in fact approved and signed by Russia in the presence of Mr. Putting along with China’s President Xi Jinping. Yet, six months later, Russia, a founder-member of BRICS, has forgotten that resolution by Russia’s unilateral illegal violent military action against Ukraine.

That is why I have been advocating, since long, for India walking out of BRICS since I had earlier apprehended the coming collapse of BRICS. In 2015 I had declined Prime Minister Modi’s offer to me, conveyed by Bharatiya Janata party leader Amit Shah in the presence of the Rashtriya Swayamsevak Sangh representative, of accepting to become the first President of the BRICS Bank. I conveyed to the Prime Minister directly later that China would soon be turning hostile to India, and BRICS would lose credibility. Today the invasion and aggression against Ukraine has in effect cremated the spirit of BRICS.

“By casting the Ukrainian regime in the most negative possible light- and officially linking Russia’s official war aims to ‘de-Nazification’ and ‘demilitarization’- Mr. Putin is all but openly acting on his belief, that Ukraine is not a legitimate sovereign state, into aggressive action. The Russian case for the war is thus built on an unwitting lie about Ukraine’s history”, as an article says.

 

The path for New Delhi

From this juncture onwards, India has to take stock since the apparent foal of India becoming a “Viswa Guru” is now, at best, a mirage. From Jawaharlal Nehru onwards, India has filed to become one since it cannot be a reality in the present global dispensation. Instead, India needs friends and collaborators but without bowing before any country.

One way for India to begin asserting itself is to suggest to Russia to withdraw its armed forces from the entire Ukraine in keeping with the aforenoted Delhi Resolution of BRICS. If Russia does not give weight to India’s Suggestion, the Modi government should announce in the UN General Assembly, consideration of the U.S. proposed Draft Resolution; India would vote for it after the United Nations General Assembly adopts any reasonable amendments proposed.

India should also urge the United States to re-structure the objectives and the priorities of the Quad, outline a clear strategy to achieve the objectives, and mobilize the resources required.

For India, a President Xi-led China is a hostile nation directly, and in global competition. India is potentially capable of meeting this Chinese threat- a threat that is evident by China grabbing 50,000 square kilometers of Indian territory.

The potential strength of India can become actual capability with a little help from the United States. As for Russia, its position in global affairs will depend on the outcome of the Ukraine invasion. At present Russia is falling behind its announced schedule. Ukraine has by its bravery caused delays in Russia’s schedule. With help from members of the United Nations, Ukraine can become the David against the Russian Goliath and become a free democratic nation again.