Ukraine War, May 14, 2022 (II): G-7 countries meet, discuss Ukraine, and declare they will never recognize territorial gains achieved by force in Ukraine

Developing. We are publishing this article as it is being written. Please check back for updates.

To see a list of previous articles, enter “Ukraine” in the Search Box on the upper right, on The Trenchant Observer web site, and you will see a list in chronological order.

Dispatches

1) Elena G. Sevillano (Berlin), “El G-7 avisa de que “no reconocerá nunca” las fronteras que Putin quiere imponer por la fuerza;; Los ministros de Exteriores debaten cómo sortear el bloqueo ruso a los puertos ucranios desde donde se exporta grano, para hacer frente a la grave crisis alimentaria global,” El País, el 14 de mayo 2022 (11:23);.

Commentary

Sevillano reports on the G-7 discussions in Germany today on various aspects of the Ukraine War. The article should be available in the English Edition within a day or two, and can always be easily translated with Google Translate.

Slowly, and step by step, international law and the U.N. Charter are being upheld. The G-7 said they would “never” recognize Russian territorial gains secured by the use of force.

This position is in accordance with peremptory norms of international law (jus cogens). These principles are expressed in Article 2 paragraph 4 of the U.N. Charter and in Article 52 of the 1969 Vienna Convention on the Law of Treaties. The non-recognition policy was first announced by the U.S. in 1932, following the Japanese invasion of Manchuria in 1931 and the establishment of the puppet state of Manchukuo.

The U.N. Charter and international law are structural factors, often in the background. which are likely to have a decisive impact–over time–on the course of the Ukraine War and the terms of any peace settlement.

Leaders in the U.S. are paying a high price for their disregard of international law in the past, e.g., Iraq, targeted killings in violation of
the laws of war (Al Solamani assassination), torture.

Not appreciating international law, the Americans have forgotten how to use it in marshaling support for their positions, as they did with such effect in the 1962 Cuban Missile Crisis.

If the U.S.and its allies ever use international law effectively to strengthen support for Ukraine and condemnation of Russia for its aggression and atrocities, such action could greatly increase leverage over Russia.

The Trenchant Observer

About the Author

James Rowles
"The Trenchant Observer" is edited and published by James Rowles (aka "The Observer"), an author and 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. Dr. Rowles is a former staff attorney at the Inter-American Commission on Human Rights (IACHR) of the Organization of American States OAS), in Wasington, D.C., , 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, Dr. Rowles 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. Dr. Rowles 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.=LL.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, Dr. Rowles 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 some the best articles that have appeared in the blog.

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