THE WAR TO SAVE THE UNITED NATIONS CHARTER, AND UKRAINE: General Assembly Resolution G/ES-11/L.7 (text); with video links to General Assembly and Security Council debates on February 23 and 24, 2023

With voting tallies

Doctor of Juridical Science (SJD) in International Law, Harvard University

See new Comment and Reply by the author at the end of the article.

Adapted from The Trenchant Observer, February 27, 2023

Part One—The Text of Resolution G/ES-11/L.7

“Principles of the Charter of the United Nations underlying a comprehensive, just and lasting peace in Ukraine”

United Nations
General Assembly
Eleventh emergency special session
Agenda item 5
Letter dated 28 February 2014 from the Permanent Representative of Ukraine to the United Nations addressed to the President of the Security Council (S/2014/136)

A/ES-11/L.7
Distr.: Limited
16 February 2023 Original: English
(Versions in Arabic Chinese, French,Russian, and Spanish are found here.

(Co-sponsors)

Albania, Andorra, Argentina, Australia, Austria, Bahamas, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Costa Rica, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Guatemala, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liberia, Liechtenstein, Lithuania, Luxembourg, Malta, Marshall Islands, Micronesia (Federated States of), Monaco, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Palau, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, Türkiye, Ukraine, United Kingdom of Great Britain and Northern Ireland and United States of America:*

draft resolution

Principles of the Charter of the United Nations underlying a comprehensive, just and lasting peace in Ukraine

The General Assembly,
Recalling the purposes and principles enshrined in the Charter of the United Nations,
Recalling also the obligation of all States under Article 2 of the Charter of the United Nations to refrain in their international relations from 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 of the United Nations, and to settle their international disputes by peaceful means,
Reaffirming that no territorial acquisition resulting from the threat or use of force shall be recognized as legal,
Recalling its relevant resolutions adopted at its eleventh emergency special session and its resolution 68/262 of 27 March 2014,
Stressing, one year into the full-scale invasion of Ukraine, that the achievement of a comprehensive, just and lasting peace would constitute a significant contribution to strengthening international peace and security,

* Any changes to the list of sponsors will be reflected in the official record of the meeting.
23-02871 (E) 200223
*2302871*

–page 2 of 3–

A/ES-11/L.7
2/3
23-02871

Recalling the order of the International Court of Justice of 16 March 2022,1
Deploring the dire human rights and humanitarian consequences of the aggression by the Russian Federation against Ukraine, including the continuous attacks against critical infrastructure across Ukraine with devastating consequences for civilians, and expressing grave concern at the high number of civilian casualties, including women and children, the number of internally displaced persons and refugees in need of humanitarian assistance, and violations and abuses committed against children,
Noting with deep concern the adverse impact of the war on global food security, energy, nuclear security and safety and the environment,

1. Underscores the need to reach, as soon as possible, a comprehensive, just and lasting peace in Ukraine in line with the principles of the Charter of the United Nations;
2. Welcomes and expresses strong support for the efforts of the Secretary- General and Member States to promote a comprehensive, just and lasting peace in Ukraine, consistent with the Charter, including the principles of sovereign equality and territorial integrity of States;
3. Calls upon Member States and international organizations to redouble support for diplomatic efforts to achieve a comprehensive, just and lasting peace in Ukraine, consistent with the Charter;
4. Reaffirms its commitment to the sovereignty, independence, unity and territorial integrity of Ukraine within its internationally recognized borders, extending to its territorial waters;
5. Reiterates its demand that the Russian Federation immediately, completely and unconditionally withdraw all of its military forces from the territory of Ukraine within its internationally recognized borders, and calls for a cessation of hostilities;
6. Demands that the treatment by the parties to the armed conflict of all prisoners of war be in accordance with the provisions of the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 19492 and Additional Protocol I to the Geneva Conventions of 1949,3 and calls for the complete exchange of prisoners of war, the release of all unlawfully detained persons and the return of all internees and of civilians forcibly transferred and deported, including children;
7. Calls for full adherence by the parties to the armed conflict to their obligations under international humanitarian law to take constant care to spare the civilian population and civilian objects, to ensure safe and unhindered humanitarian access to those in need, and to refrain from attacking, destroying, removing or rendering useless objects indispensable to the survival of the civilian population;
8. Also calls for an immediate cessation of the attacks on the critical infrastructure of Ukraine and any deliberate attacks on civilian objects, including those that are residences, schools and hospitals;
9. Emphasizes the need to ensure accountability for the most serious crimes under international law committed on the territory of Ukraine through appropriate, fair and independent investigations and prosecutions at the national or international level, and ensure justice for all victims and the prevention of future crimes;
__________________
1 See Official Records of the General Assembly, Seventy-seventh Session, Supplement No. 4 (A/77/4), paras. 189–197.
2 United Nations, Treaty Series, vol. 75, No. 972. 3 Ibid., vol. 1125, No. 17512.

–page 3 of 3–

10. Urges all Member States to cooperate in the spirit of solidarity to address the global impacts of the war on food security, energy, finance, the environment and nuclear security and safety, underscores that arrangements for a comprehensive, just and lasting peace in Ukraine should take into account these factors, and calls upon Member States to support the Secretary-General in his efforts to address these impacts;
11. Decides to adjourn the eleventh emergency special session of the General Assembly temporarily and to authorize the President of the General Assembly to resume its meetings upon request from Member States.

Adopted February 23, 2023

141 in favor
7 against
32 abstaining

Part Two—Commentary

On February 23, 2023, the U.N. General Assembly adopted Resolution A/ES-11/L.7 (reproduced above) condemning Russia's invasion of Ukraine by a vote of 141 in favor, 7 against, with 32 abstentions, and a few fence-sitters hiding from the fence (i.e., not voting). The country-by-country vote tally is found here (voting panel, which includes countries not voting), and here (all voting countries in alphabetical order).

The vote was highly significant for a number of reasons.

First, among the 141 countries voting in favor of the resolution were Brazil, Argentina, and Mexico, which represented considerable success by the U.S. and the Europeans in their diplomatic efforts.

Second, those countries abstaining, with the exception of China, India, and South Africa, did not represent the most important countries in “the Global South”. They consisted largely of:

1) countries bordering on Russia and China, including countries that were formerly part of the Soviet Union;

2) African countries influenced by South Africa and/or with deep memories of Soviet support during their independence struggles.

Some of the African countries which abstained are involved in civil conflicts and depend on Russian arms or mercenaries (e.g., the Wagner group).

Still, only 15 African countries abstained, out of a total of 54 countries on the continent. Very large and important countries such as Nigeria, Kenya, and Egypt voted for the Resolution. Algeria, Ethiopia, and Uganda, to be sure, abstained.

Viewed in close detail, the overwhelming majority of large and economically important countries voted for the Resolution. The obvious exceptions were China and India, as well as South Africa. At least China abstained and did not vote against the resolution. India, the world’s largest democracy (still, but now slipping), has a long tradition of not voting against the Soviet Union or Russia, and buys arms from Russia. Pakistan also abstained, perhaps influenced by trade relations and the support it receives from China in its rivalry with India.

Finally, and most importantly, the Resolution was stronger than those passed earlier, denouncing Russia in clear and emphatic terms, calling for an immediate and unconditional withdrawal of Russian troops from all of Ukraine, and reaffirming the principal that territory acquired by the illegal use of force can never be legally recognized.

The resolution was strong and to the point, and did not appear to have been watered down to obtain votes.

It was a clear and unequivocal reaffirmation of the basic principles of the United Nations Charter and of international law, by an overwhelming majority of countries in the world.

Secretary of State Antony Blinken made a succinct and powerful statement when he spoke at the Security Council meeting on Februart 24, at which the foreign ministers of a number of European countries intervened. Blinken is doing better, and hopefully growing into the job.

The hypocrisy of the countries which abstained on the vote was notable. Those whose representatives spoke gave voice to their strong support for the basic principles of the U.N. Charter and international law. And then, in the clearest case of military aggression and barbarism since Adolf Hitler invaded Poland in 1939, they voted in a most dastardly and shameful manner to abstain on a resolution which was aimed at upholding those principles.

Great progress has been made in the last year by governments and leaders who are finally beginning to grasp that what is at stake in this war is the United Nations Charter and international law, in addition to the future of Ukraine.

The debates in the General Assembly and the Security Council are riveting. It has been a slow process, but it seems the leading nations of the world now grasp what is really at stake in Ukraine.

Anyone who thinks the current war will end in a negotiated settlement that includes so-called “territorial concessions” should read this Resolution, and then reread it 10 times more.

The international community of states has a peace plan for the settlement of the conflict. It’s called the United Nations Charter.

Links to videos of the General Assembly and Security Council debates are found, here here, and here.

***

New Comment and Reply by Author

Comment

Michael Mauldin

3/5

This article brings some focus on ending the war. The west wants the war to end in favor of Ukraine and the upholding of the UN Charter. But at what costs?

Can the west and Ukraine out spe d and out man the Russian army and Putin's avarice appetite to make Russia great again?

This is at the heart of discussions.

Unfortunately the USA picts and chooses when and where and whom it will support regarding breaking or not following parts of the UN charter.

Will the west use this opportunity to break Russia?

Reply by the Author

James Rowles

Thanks, Michael, for your comment.

The U.S. should support the U.N. Charter prohibition against the use of force whenever it is violated. First, the U.S. will have to understand why that is important. Second, it must absolutely refrain from violating that prohibition itself.

Imperfect enforcement is no excuse for not trying to enforce the prohibition when and wherever you can. "Whataboutism" will simply lead to inaction when the prohibition is violated and then lead to further violations of the norm.

In the case of the Russian war of aggression against Ukraine the stakes are particularly high. If Russia "wins" and succeeds in redrawing borders through the use of force, and China acquiesces, the U.N. Charter-based international peace and security system may collapse.

The last time we faced a frontal challenge to the international legal order was when Hitler invaded Poland in 1939, and then all of Europe. Putin's challenge is comparable.

In order to gain clarity of mind, U.S. and Western leaders and populations need to focus sharply on what the likely consequences of a Russian victory would be.

Likely consequences might include:

China invades Taiwan. Israel launches a war against Iran. China enforces its "ownership" of the South China Sea through military force. Azerbaijan seizes Nagorno-Karabakh by military force, violating Article 2(4) of the U.N. Charter and the existing ceasefire with Armenia. Turkey expands its current occupation of territory in Syria, and invades Iraq to overthrow Kurdish authorities there. The continued independence of countries that were formerly part of the Soviet Union (from Kazakhstan to NATO members Latvia, Estonia, and Lithuania) are continually threatened, as some are invaded by Russia which attempts to install puppet regimes.

These are but a few of the likely consequences.

***

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See also “Why I care about the war in Ukraine,” Trenchant Observations, June 26, 2023,