The World Order of the Twenty-First Century Needs a Different Type of Global Collective Security System
By Khatuna Burkadze
CHALLENGES OF THE MODERN INTERNATIONAL LEGAL SYSTEM
The unprovoked, unjust and illegal war unleashed by the Russian Federation against Ukraine on February 24, 2022, has once again demonstrated that the international legal system is ineffective in preventing the use of force between states, as the system has no appropriate enforcement tools to uphold and enforce international norms.
Prior to 2022, in 2014, the Kremlin illegally annexed Crimea, thus violating Ukraine's territorial integrity. Before 2014, in 2008, the Russian Federation conducted aggressive military actions against a sovereign, independent Georgia. Russia occupied Georgian territories and violated fundamental norms of international law, including international humanitarian law. Russia targeted civilian sites and expanded the area of hostilities. For the first time in history, land, sea, air, and cyber-attacks were launched simultaneously against Georgia. Accordingly, it set a precedent of combining conventional and unconventional operations. Russia aimed to occupy the entire territory of Georgia and restore the sphere of influence. It stems from the imperialist goals of Russia's foreign policy and remains unchanged. Until 2022, despite the Kremlin's aggressive policy, threats emanating from Russia were not properly analyzed by international actors. February 24 of last year made it clear that international politics must be based on an adequate understanding of facts and effective response tools rather than on hopes and wrong perceptions, otherwise, we will see aggressive actions again.
THE NECESSITY OF TRANSFORMING GLOBAL SECURITY SYSTEMS
Russia's war against Ukraine has clearly demonstrated the main challenges facing the global collective security system. The Russian Federation, a permanent member of the United Nations (U.N.) Security Council, once again violated Article 2, paragraph 4 of the U.N. Charter, which requires states to respect the principle of the non-use of force in international relations. Once again, the Security Council failed to adopt a binding decision that would have forced the Russian armed forces to leave Ukraine. The discussion of the Kremlin's aggression against Ukraine has moved from the U.N. Security Council to the U.N. General Assembly. On March 2, 2022, the U.N. General Assembly adopted a resolution supported by 141 of the U.N. member states at the special emergency session on Ukraine. The resolution was co-sponsored by ninety-six countries, including Georgia. The states supporting the non-binding document demanded: "the Russian Federation to immediately cease its use of force against Ukraine and to refrain from any further unlawful threat or use of force against any Member State." One year after the beginning of Russia's aggressive military actions against Ukraine, the U.N. General Assembly still demands unconditional withdrawal of the Russian armed forces from the territory of Ukraine.
Despite continuing violations of the U.N. Charter and other international norms, Russia took over the presidency of the U.N. Security Council in April 2023. This fact illustrates the necessity of reforming the Security Council. It is responsible for prompt and effective actions to maintain international peace and security.
From an international legal perspective, Russia's actions meet all the hallmarks of aggressive actions. Giving anauthoritative definition of Aggression, Resolution 3314 (1974) of the General Assembly enumerates acts that constitute acts of aggression, which include: "[A] The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof; [B] Bombardment by the armed forces of a State against the territory of another State or the use of any weapons by a State against the territory of another State; [C] The blockade of the ports or coasts of a State by the armed forces of another State; [D]An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State [...]". An aggressive war violates international peace and security, giving rise to Russia’s international legal responsibility. The Russian Federation has bombed maternity hospitals, civilian settlements, and conducted aggressive actions near the Zaporizhzhia nuclear power plant. The massacre carried out by the Kremlin in the city of Bucha, situated in the district of Kyiv, clearly illustrates that all illegal, intolerable means are acceptable for the Kremlin to achieve its imperialist goals. Before Bucha, in 1992-1993, Russian soldiers committed unimaginable atrocities in my native Abkhazia, a territory of Georgia occupied by the Russian Federation.
Today still, the Kremlin’s actions are devoid of both legality and morality categories. It seeks to conquer territories of independent states at the cost of ethnic cleansing and genocide. The question of international legal responsibility for the most serious crimes, including war crimes and crimes against humanity, must be raised as a matter of urgency. In this regard, in the context of the situation in Ukraine, on March 17, 2023, Pre-Trial Chamber II of the International Criminal Court issued warrant of arrest of Russian President Vladimir Putin. Appropriate international actors should promote imposing international legal responsibilities to restore justice, otherwise, there can be no rules-based international order and no future peace.
CONCLUSION
For the deterrence of the historically unchanged, aggressive policy of the Russian Federation, the transformation of the international system is urgently necessary. The functioning of the U.N. Security Council in its current structure does not provide adequate capacity to respond timely and effectively to crises. Reform of the Security Council is essential to protect the fundamental principles of justice and equality of states. According to the U.N. Charter, the Security Council has the primary responsibility for the maintenance of world peace and security. However, this political body cannot - at present fulfill this function. The veto power of the permanent members has become an obstacle to decisions that were supposed to ensure international peace. It is impossible to protect international security through a state, Russia, that violates the fundamental principles of collective security by force, occupation, and annexation. Russia is still occupying and annexing territories of Georgia. Russia shows no interest in ceasing hostilities in Ukraine yet and remains a permanent member of the U.N. Security Council vested with the veto power. From a practical point of view, the world order of the twenty-first century needs a different type of system to ensure global collective security. The unprovoked and unjust war unleashed by Russia against Ukraine on February 24, 2022, should be the driver of fundamental changes that require the political willingness of states and the unity of actors who are defenders and supporters of the rules-based system.
Ahead of the one-year anniversary of Russia’s invasion, U.S. President Joseph Biden made a surprise visit to Kyiv and reaffirmed the U.S.’ unwavering commitment to the democracy, sovereignty, and territorial integrity of Ukraine. President Biden announced one half-billion dollars in additional assistance through a package which includes more military equipment. Ukraine will win the war with the support of the U.S. and other Western allies. This support finds backing from seven former Supreme Allied Commanders of NATO, including Admiral James Stavridis, USN (Ret), the Supreme Allied Commander Europe (SACEUR) from 2009 to 2013. They stated: "We must do everything we can to hasten a Ukrainian victory against Russia." Significantly increased military aid and political, financial, and humanitarian support create more opportunities for Ukraine to win the war. The future of the international security system depends on this victory.
This war has demonstrated the growing role of NATO and the European Union in ensuring international security, and their regional role has evident global importance. NATO’s and the EU’s regional role in preserving peace accelerates the integration of the states affected by Russian threats into European and Euro-Atlantic structures and requires the continuation of the enlargement of these organizations.
The victory of Ukraine should be the basis for the development of deterrent, preventive mechanisms, and the creation of a global architecture of modern security, where the territorial integrity of sovereign states will be protected and borders will not be changed by force. Transformation of the international system is inevitable for the proper protection of international law. Otherwise, we will continue to witness the pursuit of aggressive actions.
Dr. Khatuna Burkadze, a graduate of The Fletcher School, was Fulbright Scholar at the MIT Center for International Studies and Visiting Professor at Columbia University, Bard College, and The Fletcher School. She has successfully completed programs on negotiations and security studies at Harvard University and the George C. Marshall European Center for Security Studies. Dr. Burkadze is an alumna of the U.S. Department of State’s Program on American Foreign Policy. She is the author of dozens of articles and book chapters. Dr. Burkadze has working experience in the legislative, executive and judicial governmental branches. She has been employed by the Parliament, Ministry of Foreign Affairs, Office of the Prime Minister and Supreme Court of Georgia. Currently, Dr. Burkadze delivers lectures at Business and Technology University in Tbilisi, and she is Chair of the doctoral program Digital Governance and Artificial Intelligence in Public Sector.
UN Security Council in New York City is by MusikAnimal and is licensed under CC BY-SA 4.0.
