Ukraine should steer clear of "root causes of conflict" discussions

Given the current negotiation efforts, it’s worth recalling Article 5 of UN General Assembly Resolution 3314, adopted on December 14, 1974 (which defines aggression):

1. No consideration of whatever nature, whether political, economic, military or otherwise, may serve as a justification for aggression.

2. A war of aggression is a crime against international peace. Aggression gives rise to international responsibility.

3. No territorial acquisition or special advantage resulting from aggression is or shall be recognized as lawful.

With this in mind, Ukraine must not, under any circumstances, get drawn into talks with Russia about the so-called “root causes of the conflict.”

Pushing for “root causes” is a deliberate Kremlin tactic to shift the conversation and justify Moscow’s act of aggression against Ukraine.

It’s worth reminding the U.S. that at the Nuremberg Tribunal in 1946, the judges weren’t interested in the “root causes” behind Nazi Germany’s actions. Because motives don’t change how the crime of aggression is defined, it remains a crime against peace.

The United States has repeatedly confirmed its recognition of Ukraine’s territorial integrity (see paragraphs 1 and 2 of the Memorandum on Security Assurances related to Ukraine’s accession to the Treaty on the Non-Proliferation of Nuclear Weapons, dated December 5, 1994; also paragraph 4 of the Preamble, and paragraphs 1 and 4 of Section I of the U.S.-Ukraine Charter on Strategic Partnership, signed November 10, 2021).

On top of that, the U.S. agreed — under the OSCE Final Act principles — not to use economic pressure to force Ukraine to act against its own sovereign rights or to gain any kind of advantage (paragraph 3 of the Memorandum of December 5, 1994).

Ukraine and other countries can count on this commitment from the United States. Today, and even more so in the future. Right?

Source

About the author. Andriy Mahera, lawyer, former deputy chairman of the Central Election Commission

The editorial team does not always share the opinions expressed by the blog authors.