Ukraine attacks Russian armored column which entered Donbass Thursday night; August 8 (2014) Security Council meeting on Ukraine — Trancript (U.N. Doc. S/PV.7239) and links to webcast

Ukrainian military forces have engaged the Russian armored column which entered the Ukraine near Luhansk Thursday evening, and according to Kiev destroyed at least part of it.

See Michael Birnbaum, “Ukraine forces destroy most of a column of Russian military vehicles, president says, Wasington Post, August 15, 2014 (2:02 p.m.).

Overt Russian military intervention, as occurred Thursday night when a column of Armored Personnel Carriers and related equipment crossed over the border into the Ukraine near “separatist” controlled areas including Luhansk, represents an overt act of war.

The incursion constitutes a flagrant violation of Article 2 paragraph 4 of the U.N. Charter, which prohibits “the threat or use of force against the territorial integrity or political independence of any state.”

Russian military intervention in the Ukraine was discussed at the U.N. Security Council meeting on August 8, 2014. The statements of the representatives (see links to Transcript and Webcast, below) are quite revealing in terms of what is going on in the Donbass, and the illegality of Russian military intervention under the U.N. Charter and international law.

See the minutes of the U.N. Security Council meeting on the Ukraine, August 8, 2014, here.

Links to the Webcast of the meeting, in both English and the original language of the speaker, as well as the Press Release on the meeting, are found here.

The Security Council should reconvene in emergency session immediately.

Delegates should set forth clear evidence regarding Russian military intervention in the eastern Ukraine, both by irregular and by regular forces, and table a resolution condemning the Russian invasion.

While Russia will surely veto the resolution, a vote on it will force other members to take a position. China should be lobbied very hard by EU, NATO and other civilized countries to at least abstain on the vote.

Defending Russian aggression in the Ukraine is not in the long-term interests of China, a rising global power with important responsibilities for the maintenance of international peace and security.

Just because Russia has trashed its “brand” through its overt policies of aggression is no reason for China, which has an increasingly attractive “brand” throughout the world, to do likewise.

In the meantime, Western countries should actively press countries which abstained on the last General Assembly resolution on the Ukraine, including the other BRICS countries besides China, to vote in favor of a new General Assembly resolution condemning Russia’s military intervention in the country.

Once this lobbying has lined up the votes in the General Assembly, the Security Council resolution can be put to a vote. Following the Russian veto of that resolution, a similar resolution should be taken up for consideration and put to a vote in the General Assembly.

In the meantime, the U.S. and the EU should adopt further “stage 3” sanctions (including a ban on all existing defense contracts), and begin supplying serious military training, arms and equipment to the Ukraine.

The “containment” of Russia’s xenophobic nationalism and aggression must begin now, in earnest.

All declarations and promises from Vladimir Putin and other Russian officials should simply be ignored, unless promises can be specifically monitored and verified as they are implemented, in real time.

Russian war propaganda should likewise be ignored, except that investigations into whether such “propaganda for war” constitutes an international crime should be opened and vigorously pursued.

The Trenchant Observer

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L’Observateur Incisif
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The Observer
"The Trenchant Observer" is edited and published by The Observer, an international lawyer who has taught International Law, Human Rights, and Comparative Law at major U.S. universities, including Harvard, Brandeis, the University of Pittsburgh, and the University of Kansas. He is a former staff attorney at the Inter-American Commission on Human Rights of the Organization of American States (IACHR), where he was in charge of Brazil, Haiti, Mexico and the United States, and also worked on complaints from and reports on other countries including Argentina, Chile, Uruguay, El Salvador, Nicaragua, and Guatemala. As an international development expert, he has worked on Rule of Law, Human Rights, and Judicial Reform in a number of countries in Latin America, the Caribbean, Africa, the Middle East, South Asia, and the Russian Federation. In the private sector, The Observer has worked as an international attorney for a leading national law firm and major global companies, on joint ventures and other matters in a number of countries in Europe (including Russia and the Ukraine), throughout Latin America and the Caribbean, and in Australia, Indonesia, Vietnam, China and Japan. The Trenchant Observer blog provides an unfiltered international perspective for news and opinion on current events, in their historical context, drawing on a daily review of leading German, French, Spanish and English newspapers as well as the New York Times, the Wall Street Journal, the Washington Post, and other American newspapers, and on sources in other countries relevant to issues being analyzed. The Observer speaks fluent English, French, German, Portuguese and Spanish, and also knows other languages. He holds an S.J.D. or Doctor of Juridical Science in International Law from Harvard University, and a Doctor of Law (J.D.) and a Master of the Science of Law (J.S.M.), from Stanford University. As an undergraduate, he received a Bachelor of Arts degree, also from Stanford, where he graduated “With Great Distinction” (summa cum laude) and received the James Birdsall Weter Prize for the best Senior Honors Thesis in History. In addition to having taught as a Lecturer on Law at Harvard Law School, The Observer has been a Visiting Scholar at Harvard University's Center for International Affairs (CFIA). His fellowships include a Stanford Postdoctoral Fellowship in Law and Development, the Rómulo Gallegos Fellowship in International Human Rights awarded by the Inter-American Commission on Human Rights, and a Harvard MacArthur Fellowship in International Peace and Security. Beyond his articles in The Trenchant Observer, he is the author of two books and numerous scholarly articles on subjects of international and comparative law. Currently he is working on a manuscript drawing on the best articles that have appeared in the blog.