1
Russia- Ukraine crisis - A Circumstantial Analysis of the Liability of the Russian Soldiers for War Crimes
Dr. N. Vani Shree1 Ms. Anindita Angadi2
“We will never, ever give up making this world better for everyone, everywhere.”
- Antonio Guterres, Secretary General UNO Abstract:
The Russian invasion over Ukraine has taken a major toll over the world economy by jeopardizing the peace and security for which the United Nations stands for.
The world has noticed several wars in the history and the unfortunate impact it has over the society. It takes generations to come up with the war caused due to the wars. The greed for power and the urge to establish supremacy over the others has led to the Sovereigns of various countries to opt for several means to establish power over the other, which has served to be detrimental to achieve the objective of peaceful coexistence. The United Nations and the conventions, declarations, treaties all strive to establish a society free from all forms of atrocities and urges to eliminate war by providing alternative methods of dispute resolution. Despite of the subsisting methods there are still some obstacles which came in the way of achieving world peace. The persisting war in Ukraine has been alarming and has taken the world by the shock. There has been blatant violation of the laws of war and contravention to the International Humanitarian Law. The agencies of the United Nations and the member countries have been doing their share in composing the situation at hand and the same has been intended to be highlighted by the authors through this paper along with the analysis of the Russian soldiers’
actions with respect to war crimes.
Keywords: Russia, Ukraine, War crimes, United Nations, United Nations, World peace
Introduction:
In the contemporary competitive world, each nation wishes to establish supremacy over the others. The same has been witnessed throughout centuries. Right from the Ancient Indian period with reference to Mauryan Era or the Medieval Era or be it the colonial regime, the strife to establish power and to rule has been there and there is no end to it.
Despite of the two major World Wars that the world perceived, even with all the necessary organs, conventions, organizations at the United Nations Organization that are striving to eliminate war and secure peace, yet these measures didn’t suffice to eliminate war completely. The main moto of the United Nations Organization has been to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizing the actions of
1 Chairperson, PG Department of Studies in Law, JSS Law College (Autonomous), Mysuru, Karnataka, INDIA
2 Student of IV Year BA.LL. B (Hons.) @ JSS Law College (Autonomous), Mysuru, Karnataka, INDIA
2
nations.3 Several conventions, treaties, declarations, agreements have been introduced in this regard and all the member countries are expected to function in consonance with the objectives of the UNO. Where there is war, there will be tensions, atrocities and in some cases, it results in War Crimes. The controversial Russian- Ukrainian war that is in persistence in the present situation there can be instances of violations of the laws of war and commissions of war crimes. The same shall be schematically analysed in the following folds.
Background:
Since 1991 after the fall of Soviet Union the bilateral relations of the successors’ States underwent series of ties, tensions, and outright hostility.4 The Ukraine’s Policy in the early 1990’s was dominated by the objectives ensuring its sovereignty and independence, followed by a foreign policy that balanced cooperation with the European Union, Russia and other powerful polities. Russia and Ukraine have had Hostile relations since the 20145 Ukraine Revolution, followed by the Russian invasion of Crimea from Ukraine. Luhansk People’s Republic and Donetsk People’s Republic, the two breakaway States were officially recognized by Russia on 21st February 2022. The Russian President Vladimir Putin has proclaimed this attack on Ukraine as a ‘special military operation’ and further justified this annexation that it was intended to stop a “genocide” perpetrated by the Kyiv regime. The primary motivation driving this attack is, as claimed by Putin, the de- nazification of Ukraine. Both the countries have been in the state of war since then.6 War has been a part and parcel of the civilization from the time memorial. It can be regarded as a political duel between two sovereigns, but it is the human race in total and the generations together that are subjected to the repercussions of the war. Certain incidents are inevitable in war and such incidents result in war crimes. In order to control this and to ensure peace and security throughout the globe the concept of war crimes must be analysed.
Warcrimes:
As defined by Carl Von Clausewitz “an act of violence intended to compel our opponents to fulfil our will”, he further adds, “War is nothing but a continuation of political intercourse, with a mixture of other means.”7 B. Russell’s defines war as “conflict between two groups, each of which attempts to kill and maim as many as possible of the other group in order to achieve some object which it desires”.8 Kallen 9 gave a political definition of war that reads, “If war may be defined as an armed contest between two or more
3 UNITED NATIONS, https://www.un.org/en/about-us/un-charter/chapter-1, (last visited Apr. 25, 2022)
4 Mariana Budjeryn, The Breach: Ukraine’s Territorial Integrity and the Budapest Memorandum, (2022) https://www.wilsoncenter.org/sites/default/files/media/documents/publication/Issue%20Brief%20No%203--
The%20Breach--Final4.pdf
5 Matt Clinch, How Russia Invaded Ukraine in 2014 and how the markets tanked, (Apr. 20, 2022) https://www.cnbc.com/2022/01/27/how-russia-invaded-ukraine-in-2014-and-how-the-markets-tanked.html
6 Rowan Nicholson, The International Court of Justice has ordered Russia to stop the war. What does this ruling mean?, https://www.britannica.com/story/the-international-court-of-justice-has-ordered-russia-to-stop-the-war-what- this-means (last visited: Apr. 23, 2022).
7 Andrew Stadtmauer, The Morality of (Killing in) War, https://www.andrew-stadtmauer.com/post/the-morality-of- killing-in-war (last visited Apr. 22, 2022).
8 Irving Louis Horowitz, Bertrand Russel on War and Peace, https://www.jstor.org/stable/40400481 (last visited Apr.
15, 2022).
9 Joseph Frankel, War, https://www.britannica.com/topic/war (last visited: April 21st, 2022)
3
sovereign institutions employing organized military forces in the pursuit of specific ends, the significant term in the definition is `organized’.”10 According to Hall,11 “when difference between States reach a point at which both parties resort to force, or one of them does acts of violence which the other chooses to look upon as a breach of peace, the relation of War is set up, in which the combatants may use regulated violence against each other, until one of the two has been brought to accept such terms as his enemy is willing to grant.” This definition was also further approved in Driefentin Consolidated Gold Mines v Janson.12
The Act of War crimes are classified under three heads.13 i. Crime against Peace:
These crimes include within their ambit
• planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances
• participation in a common plan or conspiracy for the accomplishment of any of the above
ii. Crimes against Humanity:14 Which includes the following:
Atrocities and offences committed against any civilian population, before or during the war, including:
• murder
• extermination
• enslavement
• deportation
• mass systematic rape and sexual enslavement in a time of war
• other inhumane acts
• persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.
iii. War Crimes: 15
As far as War crimes are concerned the Roman Statue of the International Criminal Court provides for an extensive definition of the term. The Article 8 (2) provides that
For the purpose of this Statute, ‘war crimes’ means:
a. Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
i. Wilful killing
ii. Torture or inhuman treatment, including biological experiments;
iii. Wilfully causing great suffering, or serious injury to body or health;
10 Id.
11 Master E A Jelf, What is War? And What is Aggressive war? https://www.jstor.org/stable/742910 (last visited Apr.
17, 2022).
12 (1900) 2 Q.B . 339 at 343.
13 Principles of International Law Recognized in the Charter of Nuremberg Tribunal and in the Judgement of the
tribunal, 1950, https://ihl-databases.icrc.org/ihl/WebART/390-
550006?OpenDocument#:~:text=(a)%20Crimes%20against%20peace%3A,acts%20mentioned%20under%20(i).
(last visited Apr. 18, 2022)
14 Supra note 11.
15 Id.
4
iv. Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
v. Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;
vi. Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
vii. Unlawful deportation or transfer or unlawful confinement;
viii. Taking of hostages.
International Humanitarian Law and the Laws of War:
The ‘laws of war’ consist of the limitations that is set by the international law within which the force required to overpower the enemy may be used, and the principles thereunder regulating the treatment of individuals in the course of war and armed conflict.16 It is believed that in the absence of such rules, the barbarism and brutality of war would have known no bounds. These ‘laws’ are more correctly termed as the ‘rules governing the use of armed force and the treatment of individuals in the course of war and armed conflict.’
The substantial purpose of these rules is not to provide a code governing the game of war, but for humanitarian reasons to reduce or limit the suffering of individuals, and to circumscribe the area within which the savagery of armed conflict is permissible.17 The Russian Military forces have been committing several violations of the laws of War against the civilians in occupied areas of the Chernihiv, Kharkiv, and kyiv regions of Ukraine. The same has been documented by the Human Rights Watch. Instances of repeated rape, summary executions and such other similar cases of unlawful violence and threats against civilians from February 27 to March 14, 2022.18
The Russian soldiers threw a smoke grenade into a basement, shot a woman and her child when they emerged from the basement. This incident took place in the village of Vorzel, about 50 kilometers northwest of Kyiv.19 A 60 year old man was threatened to by a Russian soldier of summary execution of him and his son in Zabuchchya, a village northwest of Kyiv, after having searched their home the soldier found a hunting rifle and gasoline in the backyard. This came to the knowledge of the Human Rights Watch on 4th March.
On February 27, Russian forces rounded up six men in the village of Staryi Bykiv, in the Chernihiv region, and summarily executed them. Tetiana, from Novyi Bykiv, which faces Staryi Bykiv, just across the Supiy River, spoke with the relatives of four of the men who were killed. She told Human Rights Watch that on February 27, the bridge between Novyi Bykiv and Staryi Bykiv was blown up, and Russian forces shelled both villages. Over 536 Civilians including 13 children have been killed since February 24th.20 Russian forces have attacked a hospital in the Donetsk region of eastern Ukraine, an
16 Laws of War in a Nutshell, https://www.icrc.org/en/document/what-are-rules-of-war-geneva-conventions (last visited Apr. 20, 2022)
17 Starke’s International Law, 11th Ed., Pg. no. 499.
18 Ukraine: Apparent war Crimes in Russian Controlled Areas, https://www.hrw.org/news/2022/04/03/ukraine- apparent-war-crimes-russia-controlled-areas (last visited Apr. 22, 2022).
19 Russia Ukraine War : Russian Leadership really Afraid of global Anger, https://www.republicworld.com/world- news/russia-ukraine-crisis/russia-ukraine-war-news-live-updates-day-42-april-6-2022-liveblog.html , (last visited Apr. 28, 2022).
20Russia Has Killed Hundreds of Civilians. But has it committed war crimes, https://time.com/6152798/russia-rules- of-war-crimes-ukraine/ (last visited Apr. 28, 2022).
5
administrative building in Kharkiv, and a pre-school in north-eastern Ukraine, according to Amnesty International and the United Nations.
Agnes Callamard, Secretary General of Amnesty International in his statement said that, “The invasion has triggered a huge human rights, humanitarian and displacement crisis that has the makings of the worst such catastrophe in recent European History. Russia is breaching the Sovereignty of Ukraine and challenging the global security architecture.” 21
The modern rules of war lay special emphasis on the protection of “civilian objects”, it is an umbrella term, and it includes in its ambit schools, hospitals, homes, and places of worship or places non-combatants are attempting to conduct their daily lives.
Provided, the intelligence has indicated that the “civilian object”22 is being used for military purposes, it will be considered a war crime in case it is targeted, accordance with the Human Rights Watch (HRW), which an international human rights advocacy organization.
According to Article 8 (2) (c) of the Rome Statute of the International Criminal Court23 provides that:
In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:
(i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(iii) Taking of hostages;
(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.
Russia has, so far been blatantly violating the Laws of wars. With reference to the aforementioned definition the Russian soldiers having been inflicting upon the Ukrainian civilians various forms of torture and violence. The soldiers have been committing outrages upon personal dignity and is subjecting them to humiliating and degrading treatment. The summary executions of the civilian carried out by the Soldiers is indicative of the violations of the rules so far and under this notion Russian can be regarded as guilty of War crimes.
The laws of war prohibit wilful killing, rape and other sexual violence, torture, and vicious treatment of captured combatants and civilians in custody. There is a prohibition of Pillage and Looting as well. Any individual who either orders or intentionally commits
21 Russia-Ukraine: Invasion of Ukraine is an Act of Aggression and Human Rights catastrophe, https://www.amnesty.org/en/latest/news/2022/03/russia-ukraine-invasion-of-ukraine-is-an-act-of-aggression-and- human-rights-
catastrophe/#:~:text=Russia's%20invasion%20of%20Ukraine%20is,held%20accountable%20for%20those%20viola tions (last visited Apr. 24, 2022).
22Jasmine Aguilera, Russia has killed Hundreds of Civilians, But has it committed War crimes? , https://time.com/6152798/russia-rules-of-war-crimes-ukraine/ (last visited Apr. 29, 2022).
23 Rome Statute of International Criminal Court, https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf, (last visited Apr. 15, 2022).
6
such acts, or aids and abets them, shall be held responsible for war crimes. Commanders of forces who had the knowledge or had reason to know about such crimes but did not make any attempt to stop them or punish those responsible shall be criminally liable for war crimes as a matter of command responsibility.24
Role of Uno In Maintaining World Peace:
1. The United Nations Charter, 1945:25
The Preamble of the Charter provides, “We the people of United Nations are determined to save succeeding generations from scourge of War which, twice in our lifetime has brought untold sorrows to mankind, that armed forces shall not be used, save in the common interest.” The said phrases are indicative of the intentions of the framers of the Charter that they were strongly against the War and hence decided that there shall be no armed forces used against the territorial integrity and political independence of another State.
Article 2(3) lays down a remarkable principle that mandates the States to employ peaceful methods to settle their disputes. It reads that, “All member States shall settle their disputes by peaceful means in such a manner that International peace, security and justice is not endangered.” Therefore, it is obligation of the member States to settle their dispute peacefully.
Article 2(4) is noteworthy as it lays down that all members are ought 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. Thus, instead of World War, the Charter mentions the words threat or use of force.
2. United Nations Security Council:
The Security Council comprising of the Big 5 i.e. the China, France, Russia, United Kingdom and USA is envisioned to be an executive organ of the United Nations as it has the authority to ‘act’ on behalf of all the members of the UN. It is, by far considered to be the most momentous organ of the United Nations since it is vested with extensive powers including power to take decisions which are binding on all the member states in situations which pose a threat over the maintenance of global peace and security.
Peaceful Settlement of Disputes: The Security Council is empowered to call upon the disputed parties which is apprehended to be dangerous or is likely to come in the way of assuring international peace and security. The Council opts for the means of negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, or shall advice the parties to resort to regional arrangements or other peaceful means
24 Ukraine: Apparent war crimes in Russian Controlled Areas, https://reliefweb.int/report/ukraine/ukraine-apparent- war-crimes-russia-controlled-areas (last visited Apr. 24, 2022).
25United Nations Charter, https://www.un.org/en/about-us/un-
charter#:~:text=United%20Nations%20Charter,force%20on%2024%20October%201945. (last visited Apr. 26, 2022).
7
of their choice. 26 It is also vested with the power to intervene at any persisting stage of the ongoing dispute which is in its opinion can be deemed to endanger the maintenance of international peace and security and it shall recommend the appropriate measures of settlement.27
In certain situations, if the UNSC is satisfied that the situation at hand is of such nature which is prejudicial to the peace and security and if it is further convinced that the measures short of forces have either proved inadequate in such cases ‘it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security’ under Article 42 of the UN Charter.
The following cases are some instances wherein the mandate under Article 42 of the Charter has been carried out.
Gulf War of 1990: Iraq Invaded Kuwait on 2nd August 1990. The UNSC passed a unanimous resolution 660(1990) condemning the invasion and demanding immediate withdrawal of The Iraqi forces. Subsequently, comprehensive economic sanctions were imposed on Iraq but the response was not satisfactory. Finally, the UNSC adopted the Resolution 678(1990) directing the Iraq to comply with the earlier resolutions within a grace period prescribed., failing which, the member- States cooperating with the Kuwaiti Government were further authorised to use all necessary measures to implement Resolution 660(1990). All the member-States were further requested to provide appropriate support for the enforcement actions taken pursuant to the resolution. After Iraq refused to comply with the resolution, a coalition of States, under the leadership of the US, commenced armed action against Iraq under the authority of the UN and drove out Iraqi forces from the Kuwaiti territory.
Korea War of 1950: the UNSC passed three resolutions28 after North Korea invaded South Korea in the year 1950, thereby calling upon the member-States to assist the UN in achieving withdrawal of North Korea from South Korean territory. The last of the three resolutions authorised the US to designate the commander of the Unified forces established for the purposes of helping South Korean authorities.
In the present context the Security Council overwhelmingly defeated the resolution put forth by Russia and thereby acknowledging Ukraine’s increasing humanitarian needs. 29Russian was in need of a minimum of nine ‘yes’ votes from the 15-member security council whereas it received only one veto vote from China. Thirteen of the other members chose to abstain which thereby reflected on Moscow’s failure to get widespread backing for its invasion on Ukraine.
3. International Court of Justice:
26 Article 33 of the UN Charter
27 Article 36(1) of the UN Charter
28 The UNSC Resolutions 82(1950); 84(1950)
29 U. N. Security Council Defeats Russia Humanitarian Lar on Ukraine that would omit fault, https://www.pbs.org/newshour/world/u-n-security-council-defeats-russia-humanitarian-resolution-on-ukraine-that- would-omit-fault (last visited Apr. 19, 2022).
8
The International Court of Justice is not vested with the powers to try individuals who have been accused of war crimes. There is a special court established under the Rome Statute of the International Criminal Court to try the same. ICJ is empowered only to hear the disputes between the Sovereign States.30 The Russian Invasion as such is know to all to be illegal in the discipline of the International Law. The Court made the following observation, “The Court is profoundly concerned about the use of force by the Russian Federation in Ukraine, which raises very serious issues of international law. The Court is mindful of the purposes and principles of the United Nations Charter and of its own responsibilities in the maintenance of international peace and security as well as in the peaceful settlement of disputes under the Charter and the Statute of the Court. It deems it necessary to emphasize that all States must act in conformity with their obligations under the United Nations Charter and other rules of international law, including international humanitarian law.” 31 Ukraine approached the ICJ on 24th of February as soon as it was attacked by the Russian forces. The Ukrainian accusation against Russia was that it tried to justify its war by falsely alleging genocide in Donetsk and Luhansk regions. Kyiv urged that ICJ to initiate provisional measures ordering Russia to “immediately suspend military operations”. Russia contested the lack of jurisdiction of ICJ in this regard as the Kyiv’s appeal doesn’t fall within the ambit of the Genocide Convention of 1948 and further defended its actions by saying that it was acting in self-defence. The ICJ ruled over Russia’s claim and presiding judge Joan Donoghue stated that “The Russian Federation shall immediately suspend military operations that it commenced on 24th February on the territory of Ukraine.” He further added that “the Court is profoundly concerned about the use of force by the Russian Federation which raises very serious issues in International law.” In this matter out of fifteen judges, thirteen voted in favour of the decision that sought the end of Russian war on Ukraine. Whereas two, i.e., Russia and China voted against the decision.32
4. International Criminal Court:
The International Criminal Court has been established as a permanent institution under the Rome Statute with the objective of prosecuting individuals on genocide, crimes against humanity, and war crimes.33 ICC aims to ensure that the worst perpetrators are held accountable for their crimes, to serve as a court of last resort that can investigate, prosecute and punish the perpetrators of genocide, crimes against humanity and war crimes. ICC has a significant role to play in assisting the national judiciaries in the investigation and prosecution of perpetrators. It is
30 International Court of Justice, https://www.icj-cij.org/en/frequently-asked-questions (last visited Apr. 17, 2022).
31Allegations of Genocide under the Convention of the Prevention and Punishment of the Crime of Genocide (Russia v Ukraine) https://www.icj-cij.org/public/files/case-related/182/182-20220316-ORD-01-00-EN.pdfm (last visited Apr. 19, 2022).
32 Shubhajit Roy, Indian Judge at ICJ Votes to seek end of Russia war on Ukraine, https://indianexpress.com/article/world/international-court-of-justice-india-russia-ukraine-invasion-7823685/ (last visited Apr. 10, 2022).
33 International Criminal Court, Aims and Objectives, https://internationalcriminalcourtnashie.weebly.com/aims-and- objectives.html#:~:text=The%20ICC%20have%20four%20main,judiciaries%20in%20the%20investigation%20and (last visited Apr. 20, 2022).
9
empowered to exercise its jurisdiction over persons for the most serious crimes of international concern.34
The Article 4 of the statute provides for the Legal status and powers of the Court.
It reads that
1. The Court shall have international legal personality. It shall also have such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes.
2. The Court may exercise its functions and powers, as provided in this Statute, on the territory of any State Party and, by special agreement, on the territory of any other State. The Article 5 of the statute further provides that “The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:
(a) The crime of genocide;
(b) Crimes against humanity;
(c) War crimes;
(d) The crime of aggression
With respect to the aforementioned actions of the Russian soldiers they can be tried for the offence of War crimes. The ICC is vested with the powers to exercise jurisdiction as concerned to the crimes falling in its jurisdiction in the following ways:35
i. State Party Complaint: 36The Article 14 of the Rome Statute, provides that a State Party to it may refer a case to the Prosecutor for investigation. Provided such referral specifies the relevant circumstances and make available the supporting documents.
ii. Security Council Referral: as under the provisions of the UN Charter, the five permanent members are conferred with a preferred position. By the virtue of their veto power, they can stall any action under Chapter VII of the Charter.37
iii. Independent Investigation by the Prosecutor: The Prosecutor may also initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the court.
With respect to the problem at hand the ICC could not initiate the investigation as it couldn’t exercise its general jurisdiction with respect to the crimes in the said matter as Ukraine and Russia were not the Parties to the International Criminal Court. 38 Though Ukraine is not a member of ICC, it has accepted the Court’s jurisdiction over alleged crimes committed on its territory since November 2013. 39 In response to the ongoing atrocities over Thirty-nine governments have come forward and have shown their solidarity towards non tolerance of war crimes by taking a significant step toward ensuring documentation of potential war crimes.
34 KC JOSHI, INTERNATIONAL LAW AND HUMAN RIGHTS, (Eastern Book Company 2006).
35 Id. 34
36 Supra note 30
37 Id. 36
38 Signatories of the Rome Statute, https://internationalcriminalcourtnashie.weebly.com/signatories-of-the-rome- statute.html (last visited April 15, 2022).
39Ukraine- Countries Request ICC War Crimes Inquiry,
https://internationalcriminalcourtnashie.weebly.com/signatories-of-the-rome-statute.html (last visited Apr. 27, 2022)
10
The countries have requested the International Criminal Court (ICC) prosecutor to commence an investigation in Ukraine. On February 28, 2022, the ICC prosecutor, Karim Khan, signalled his intention to seek to open a formal inquiry.
Conclusion:
The Russian- Ukraine war has taken the world to the toss. The effect of this war has had an adverse impact over the economies of the world. The actions of the Russian soldiers qualify to be tried as a war crime under the ambit of definition of the war crime paving way for the ICC to try the them. The Countries not being the signatories to the Statute was one such obstacle but the initiation of the aforementioned thirty-nine countries have paved way for some measures to be taken in this regard by the ICC. Further the motion seeking the end to this war also received majority of the votes. The basic purpose of the establishment of the United Nations was to prevent future wars and to ensure the security of the individuals by promoting and maintaining peace. Russia being one of the permanent members of the Security Council its actions against Ukraine is defeating the primary purpose of the United Nations. In the interest of the world peace there is a need felt for the countries to stand in solidarity against the Russian invasion. The Members have been protesting at the UN level to induce pressure over Russia to withdraw its forces and Russian being on of the Permanent members of the Security Council must realize its responsibility in maintaining world peace and must extract its forces. Though the countries are at war but there must be strict adherence to the Laws of war. The soldiers alleged of war crimes must be tried, necessary inquiry must be conducted, and they must be punished accordingly. The said action is necessary in the interest of humanity and to maintain the objective of peaceful existence.