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Subject: Global Groupings and Conventions

Important International institutions, agencies and fora- their structure, mandate.

  • What is the Five Eyes (FYEY) Alliance?

    The annual Raisina Dialogue in Delhi held this year by National Security Adviser Ajit Doval will host intelligence agency chiefs of several countries.

    What is the conference about?

    • The conference is modelled on the lines of the annual Munich Security Conference and Singapore’s Shangri-La dialogue.
    • It is expected to bring together heads and deputy heads of the top intelligence and security organisations from more than 20 — mostly Western countries and their allies.
    • Intelligence chiefs and deputies from Australia, Germany, Israel, Singapore, Japan and New Zealand are among those expected to attend the conference.
    • The meet is held on the sidelines of the “Five eyes alliance” of the U.S., U.K., Canada, New Zealand and Australia, who coordinate on terrorism and security issues.

    What is the Five Eyes Alliance?

    • The Five Eyes (FVEY) is an intelligence alliance comprising Australia, Canada, New Zealand, the United Kingdom, and the United States.
    • These countries are parties to the multilateral UKUSA Agreement, a treaty for joint cooperation in signals intelligence.
    • The origins of the FVEY can be traced to informal secret meetings during World War II between British and American code-breakers.
    • It was started before the US formally entered the war, followed by the Allies’ 1941 Atlantic Charter that established their vision of the post-war world.

    Back2Basics: Munich Security Conference

    • The Munich Security Conference is an annual conference on international security policy that has been held in Munich, Bavaria, Germany since 1963.
    • It brings together heads of state, diplomats and business leaders from the world’s leading democracies for three days of meetings and presentations.
    • It is the world’s largest gathering of its kind.
    • Over the past four decades the MSC has become the most important independent forum for the exchange of views by international security policy decision-makers.

     

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  • Russia warns against NATO enlargement

    One of Russian President Vladimir Putin’s closest allies warned NATO that if Sweden and Finland joined the US-led military alliance then Russia would have to bolster its defences in the region, including by deploying nuclear weapons.

    Why in news?

    • Finland, which shares a 1,300-km border with Russia, and Sweden are considering joining the NATO alliance.

    Why do they want to join NATO?

    • The possible accession of Finland and Sweden into NATO to get collective Western security against Russia — would be one of the biggest strategic consequences of the Ukraine war.
    • Finland gained independence from Russia in 1917 and fought two wars against it during Second World War during which it lost some territory to Moscow.
    • Sweden has not fought a war for 200 years and post-war foreign policy has focused on supporting democracy internationally, multilateral dialogue and nuclear disarmament.

    What is NATO?

    • NATO is a military alliance established by the North Atlantic Treaty (also called the Washington Treaty) of April 4, 1949.
    • It sought to create a counterweight to Soviet armies stationed in Central and Eastern Europe after World War II.
    • Its original members were Belgium, Canada, Denmark, France, Iceland, Italy, Luxembourg, the Netherlands, Norway, Portugal, the United Kingdom, and the United States.
    • NATO has spread a web of partners, namely Egypt, Israel, Sweden, Austria, Switzerland and Finland.

    Why was it founded?

    Ans. Communist sweep in Europe post-WWII and rise of Soviet dominance

    • After World War II in 1945, Western Europe was economically exhausted and militarily weak, and newly powerful communist parties had arisen in France and Italy.
    • By contrast, the Soviet Union had emerged from the war with its armies dominating all the states of central and Eastern Europe.
    • By 1948 communists under Moscow’s sponsorship had consolidated their control of the governments of those countries and suppressed all non-communist political activity.
    • What became known as the Iron Curtain, a term popularized by Winston Churchill, had descended over central and Eastern Europe.

    Ideology of NATO

    • NATO ensures that the security of its European member countries is inseparably linked to that of its North American member countries.
    • It commits the Allies to democracy, individual liberty and the rule of law, as well as to the peaceful resolution of disputes.
    • It also provides a unique forum for dialogue and cooperation across the Atlantic.

    What is Article 5 and why is it needed?

    • Article 5 was a key part of the 1949 North Atlantic Treaty, or Washington Treaty, and was meant to offer a collective defence against a potential invasion of Western Europe.
    • It states: (NATO members) will assist the party or parties so attacked by taking forthwith, individually and in concert with the other parties, such action as it deems necessary, including the use of armed force, to restore and maintain the security of the North Atlantic area.
    • However, since then, it has only been invoked once, soon after the 9/11 attack in the United States.

    Why has Article 5 not been invoked this time?

    • The reason is simple: Ukraine is a partner of the Western defence alliance but not a NATO member.
    • As a result, Article 5, or the Collective Defence Pledge, does not apply.
    • While NATO has said it will not be sending troops to Ukraine, it did invoke Article 4, which calls for a consultation of the alliance’s principal decision-making body, the North Atlantic Council.
    • In its history, it has only been activated half a dozen times.
    • But the fact that this time around eight-member nations chose to invoke it was enough to demonstrate the seriousness of the situation at a global level.

    What may prompt NATO to invoke Article 5?

    • NATO will invoke Article 5 only if Russia launches a full-blown attack on one of its allies.
    • Some top US officials have warned of the impact of some of Russia’s cyberattacks being felt in NATO countries.
    • When you launch cyberattacks, they don’t recognize geographic boundaries.
    • Some of that cyberattack could actually start shutting down systems in eastern Poland.

    But what is NATO’s problem with Russia?

    • Russia has long been opposed to Ukraine’s growing closeness with European institutions, particularly NATO.
    • The former Soviet republic shares borders with Russia on one side, and the European Union on the other.
    • After Moscow launched its attack, the US and its allies were quick to respond, imposing sanctions on Russia’s central bank and sovereign wealth funds.

     

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  • Amending the Weapons of Mass Destruction Act

    Recently the Weapons of Mass Destruction (WMD) and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Bill, 2022 was passed in the Lok Sabha.

    What is the WMD Bill?

    • The Bill amends the WMD and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 which prohibits the unlawful manufacture, transport, or transfer of WMD (chemical, biological and nuclear weapons) and their means of delivery.
    • It is popularly referred to as the WMD Act.
    • The recent amendment extends the scope of banned activities to include financing of already prohibited activities.
    • The WMD and their Delivery Systems (Prohibition of Unlawful Activities) Act came into being in July 2005.

    What was the purpose of the original WMD Act?

    • Its primary objective was to provide an integrated and overarching legislation on prohibiting unlawful activities in relation to all three types of WMD, their delivery systems and related materials, equipment and technologies.
    • It instituted penalties for contravention of these provisions such as imprisonment for a term not less than five years (extendable for life) as well as fines.
    • The Act was passed to meet an international obligation enforced by the UN Security Council Resolution (UNSCR) 1540 of 2004.

    What is the UNSCR 1540?

    • In April 2004 the UN Security Council adopted resolution 1540 to address the growing threat of non-state actors gaining access to WMD material, equipment or technology to undertake acts of terrorism.
    • In order to address this challenge to international peace and security, UNSCR 1540 established binding obligations on all UN member states under Chapter VII of the UN Charter.
    • Nations were mandated to take and enforce effective measures against proliferation of WMD, their means of delivery and related materials to non-state actors.
    • It was to punish the unlawful and unauthorised manufacture, acquisition, possession, development and transport of WMD became necessary.

    UNSCR 1540 enforced three primary obligations upon nation states —

    1. To not provide any form of support to non-state actors seeking to acquire WMD, related materials, or their means of delivery;
    2. To adopt and enforce laws criminalising the possession and acquisition of such items by non-state actors;
    3. To adopt and enforce domestic controls over relevant materials, in order to prevent their proliferation.

    What has the Amendment added to the existing Act?

    • The Amendment expands the scope to include prohibition of financing of any activity related to WMD and their delivery systems.
    • To prevent such financing, the Central government shall have the power to freeze, seize or attach funds, financial assets, or economic resources of suspected individuals (whether owned, held, or controlled directly or indirectly).
    • It also prohibits persons from making finances or related services available for other persons indulging in such activity.

    Why was this Amendment necessary?

    • India echoes these developments for having made the Amendment necessary.
    • Two specific gaps are being addressed-
    1. As the relevant organisations at the international level, such as the Financial Action Task Force have expanded the scope of targeted financial sanctions and India’s own legislation has been harmonised to align with international benchmarks.
    2. With advancements in technologies, new kinds of threats have emerged that were not sufficiently catered for in the existing legislation.
    • These notably include developments in the field of drones or unauthorised work in biomedical labs that could maliciously be used for terrorist activity.
    • Therefore, the Amendment keeps pace with evolving threats.

    What more should India do?

    • India’s responsible behaviour and actions on non-proliferation are well recognised.
    • It has a strong statutory national export control system and is committed to preventing proliferation of WMD.
    • This includes transit and trans-shipment controls, retransfer control, technology transfer controls, brokering controls and end-use based controls.
    • Every time India takes additional steps to fulfil new obligations, it must showcase its legislative, regulatory and enforcement frameworks to the international community.
    • It is also necessary that India keeps WMD security in international focus.

    Setting up a precedence

    • There is no room for complacency.
    • Even countries which do not have WMD technology have to be sensitised to their role in the control framework to prevent weak links in the global control system.
    • India can offer help to other countries on developing national legislation, institutions and regulatory framework through the IAEA (International Atomic Energy Agency) or on bilateral basis.

    Could the Amendment become troublesome to people on account of mistaken identity?

    • In the discussion on the Bill in Parliament, some members expressed concern on whether the new legislation could make existing business entities or people in the specific sector susceptible to a case of mistaken identity.
    • The External Affairs Minister, however, assured the House that such chances were minimal since identification of concerned individuals/entities would be based on a long list of specifics.

    What is the international significance of these legislation?

    • Preventing acts of terrorism that involve WMD or their delivery systems requires building a network of national and international measures in which all nation states are equally invested.
    • Such actions are necessary to strengthen global enforcement of standards relating to the export of sensitive items and to prohibit even the financing of such activities.

    Way forward

    • Sharing of best practices on legislations and their implementation can enable harmonization of global WMD controls.
    • India initially had reservations on enacting laws mandated by the UNSCR.
    • This is not seen by India as an appropriate body for making such a demand.
    • However, given the danger of WMD terrorism that India faces in view of the difficult neighbourhood that it inhabits, the country supported the Resolution and has fulfilled its requirements.

    Conclusion

    • It is in India’s interest to facilitate highest controls at the international level and adopt them at the domestic level.
    • Having now updated its own legislation, India can demand the same of others, especially from those in its neighbourhood that have a history of proliferation and of supporting terrorist organisations.

     

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  • Russia suspended from UN Human Rights Council membership

    Russia’s membership to the Human Rights Council (UNHRC), to which it was elected in 2020, was suspended after the United Nations General Assembly (UNGA) vote.

    Why was Russia suspended from UNHRC?

    • Russia’s three-year term as member of the Council began on January 1, 2021.
    • With membership on the Council comes a responsibility to uphold high human rights standards.
    • It is this responsibility that Russia is alleged to have wilfully violated in Ukraine.

    India stayed absent. Why?

    • India questioned the process by which the move to suspend Russia took place given that it happened before the international probe into the massacre.
    • New Delhi’s point is that it should have been brought before the Human Rights Council first, and not the UNGA, sources said.
    • This is a signal to the West that due process has not been followed, something that Indian interlocutors can draw Moscow’s attention to.

    About UN Human Rights Council

    • The UNHRC is an inter-governmental body within the United Nations system, which is responsible for strengthening the promotion and protection of human rights around the world.
    • It addresses and makes recommendations on situations of human rights violations, and can discuss all thematic human rights issues and situations.
    • The UNHRC replaced the former UN Commission on Human Rights.
    • It was created by the UNGA on March 15, 2006, and the body met in its first session from June 19-30, 2006.

    Working of the Council

    In 2007, the Council adopted an “institution-building package” to set up its procedures and mechanisms. Among these were:

    1. Mechanism of Universal Periodic Review to assess the human rights situations in all UN Member States.
    2. It has Advisory Committee that serves as the Council’s think tank providing it with expertise and advice on thematic human rights issues.
    3. Its Complaint Procedure, allows individuals and organisations to bring human rights violations to the Council’s attention.
    4. The Council also works with the UN Special Procedures established by the former Commission on Human Rights, consisting of special rapporteurs, special representatives, independent experts etc.

    Membership of the Council

    • The Council, which meets at the UN Office in Geneva, Switzerland, is made up of 47 UN Member States who are elected by majority vote through a direct and secret ballot at the UNGA.
    • The membership of the Council is based on equitable geographical distribution.
    • African and Asia-Pacific states have 13 seats each, Latin American and Caribbean states have 8 seats, Western European and other states 7 seats, and Eastern European states 6 seats.
    • The members serve for three years and are not eligible for immediate re-election after serving two consecutive terms.

    Leadership of the Council

    • The Council has a five-person Bureau, consisting of a president and four vice-presidents, each representing one of the five regional groups.
    • They serve for a year each, in accordance with the Council’s annual cycle.
    • The Human Rights Council President of the 16th Cycle (2022) is Federico Villegas, who is the Permanent Representative of Argentina to the UN and other international organizations in Geneva.
    • He was elected president of the Human Rights Council for 2022 in December 2021.

    Meetings of the Council

    • The Human Rights Council holds no fewer than three regular sessions a year, for a total of at least 10 weeks.
    • These sessions take place in March (4 weeks), June (3 weeks) and September (3 weeks).
    • The Council met in its latest (49th) regular session from February 28 to April 1, 2022
    • If a third of the Member states requests, the Council can decide at any time to hold a special session to address human rights violations and emergencies.
    • Under the presidency of Nazhat S Khan of Fiji, the Council held a record five special sessions in 2021 — on Myanmar, the Occupied Palestinian Territory and Israel, Afghanistan, Sudan, and Ethiopia.

     

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  • What are Weapons of Mass Destruction (WMD)?

    The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Amendment Bill, 2022 has been unanimously passed in Lok Sabha.

    WMD Bill

    • The Bill seeks to amend The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005.
    • It aims to provide against the financing of proliferation of weapons of mass destruction and their delivery systems in line with India’s international obligations.
    • The 2005 Act prohibited the manufacturing, transport, and transfer of weapons of mass destruction, and their means of delivery.

    Need for the Bill

    • In recent times, regulations relating to proliferation of weapons of mass destruction and their delivery systems by international organisations have expanded.
    • The UNSCs targeted financial sanctions and the recommendations of the Financial Action Task Force have mandated against financing of proliferation of WMD and their their delivery systems.

    Weapons of Mass Destruction

    • The expression “weapon of mass destruction” (WMD) is usually considered to have been used first by the leader of the Church of England, the Archbishop of Canterbury, in 1937.
    • They usually refer to the aerial bombing of civilians in the Basque town of Guernica by German and Italian fascists in support of General Franco during the Spanish Civil War.
    • The expression WMD entered the vocabularies of people and countries around the world in the early 2000s after the US under President George W Bush and the UK under PM Tony Blair justified the invasion of Iraq.
    • They invaded Iraq on the grounds that the government of Saddam Hussain was hiding these weapons in the country. However, no WMDs were ever found.

    What are NBC weapons?

    • While there is no single, authoritative definition of a WMD in international law, the expression is usually understood to cover nuclear, biological, and chemical (NBC) weapons.
    • WMD can be any nuclear, radiological, chemical, biological, or other device that is intended to harm a large number of people.

    India’s 2005 WMD Act defines-

    1. “Biological Weapons” as “microbial or other biological agents, or toxins…of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes; and weapons, equipment or delivery systems specially designed to use such agents or toxins for hostile purposes or in armed conflict”; and
    2. “Chemical Weapons” as “toxic chemicals and their precursors” except where used for peaceful, protective, and certain specified military and law enforcement purposes; “munitions and devices specifically designed to cause death or other harm through the toxic properties of those toxic chemicals”; and any equipment specifically designed for use in connection with the employment of these munitions and devices.

    Control over use of WMDs

    • The use of chemical, biological, and nuclear weapons is regulated by a number of international treaties and agreements.
    • Among them are the Geneva Protocol, 1925, that banned the use of chemical and biological weapons; and the Biological Weapons Convention, 1972, and Chemical Weapons Convention, 1992, which put comprehensive bans on the biological and chemical weapons respectively.
    • India has signed and ratified both the 1972 and 1992 treaties.
    • There are very few non-signatory countries to these treaties, even though several countries have been accused of non-compliance.
    • The use and proliferation of nuclear weapons is regulated by treaties such as Nuclear Non-Proliferation Treaty (NPT) and the Comprehensive Test Ban Treaty (CTBT).

    Back2Basics:

    Nuclear Security Contact Group

    • The NSCG was established in 2016.
    • The NSCG or “Contact Group” has been established with the aim of facilitating cooperation and sustaining engagement on nuclear security after the conclusion of the Nuclear Security Summit process.
    • The Contact Group is tasked with:
    1. Convening annually on the margins of the General Conference of the International Atomic Energy Agency (IAEA), and, as may be useful, in connection with other related meetings
    2. Discussing a broad range of nuclear security-related issues, including identifying emerging trends that may require more focused attention

    Nuclear Suppliers Group

    • NSG is a group of nuclear supplier countries that seeks to contribute to the non-proliferation of nuclear weapons through the implementation of guidelines for nuclear exports and nuclear-related exports.
    • The NSG was set up as a response to India’s nuclear tests conducted in 1974.
    • The aim of the NSG is to ensure that nuclear trade for peaceful purposes does not contribute to the proliferation of nuclear weapons.

    Comprehensive Nuclear-Test-Ban Treaty

    • CTBT was negotiated at the Conference on Disarmament in Geneva and adopted by the United Nations General Assembly in 1996.
    • The Treaty intends to ban all nuclear explosions – everywhere, by everyone.
    • It was opened for signature in 1996 and since then 182 countries have signed the Treaty, most recently Ghana has ratified the treaty in 2011.

    Fissile material cut-off treaty

    • FMCT is a proposed international agreement that would prohibit the production of the two main components of nuclear weapons: highly-enriched uranium (HEU) and plutonium.
    • Discussions on this subject have taken place at the UN Conference on Disarmament (CD), a body of 65 member nations established as the sole multilateral negotiating forum on disarmament.
    • The CD operates by consensus and is often stagnant, impeding progress on an FMCT.
    • Those nations that joined the nuclear NPT as non-weapon states are already prohibited from producing or acquiring fissile material for weapons.
    • An FMCT would provide new restrictions for the five recognized nuclear weapon states (NWS—United States, Russia, United Kingdom, France, and China), and for the four nations that are not NPT members (Israel, India, Pakistan, and North Korea).

     

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  • India condemns atrocities in Bucha, Ukraine

    India condemned the killing of civilians in Bucha, Ukraine, at the United Nations Security Council (UNSC) calling for an independent UN inquiry. (However India abstained from blaming Russia for the civilian deaths.)

    Note: Such events are of least GS importance. However, one must recognize the severity of such massacres and the imprint that it left on entire humanity. Yes, it is not India’s war, but it is no mean activity for a military superpower to march and annexe a small neighbour.  This topic holds much importance for personality test.

    Bucha massacre

    • The grimmest discoveries have been made in a Kyiv suburb called Bucha, a town located about 25 km to the northwest of the capital.
    • More than 300 bodies have been found in the town, some with their hands bound, flesh burned, and shot in the back of the head.
    • Satellite images now available show streets strewn with corpses, and many of the bodies seen by journalists in the past couple of days appear to have lain in the open for weeks.
    • The reports and pictures of corpses wearing civilian clothes, some clutching shopping bags, suggest that ordinary citizens were murdered without provocation, as they went about their daily business.

    A no lesser holocaust event

    • The discoveries have drawn comparisons with the killings of civilians in this area during World War II.
    • It reminds of the First Battle of Kyiv (part of Hitler’s Operation Barbarossa against the Soviet Union that began in June 1941) and the Second Battle of Kyiv (November-December 1943).
    • The Red (Soviet) Army started to push back the Germans from Ukraine, the area around the Ukrainian capital, including Bucha.
    • It saw the “Holocaust by bullets” during which an estimated 1.5 million people, mostly Jews, were shot dead at close range.

    A genocide or war crimes?

    • War crimes are defined as “grave breaches” of the Geneva Conventions, agreements signed after World War II that laid down international humanitarian laws during war time.
    • Deliberately targeting civilians amounts to a war crime.
    • The International Criminal Court (ICC) at The Hague has already opened an investigation into possible war crimes by Russia.
    • The investigation could in theory target even Putin. But it will be difficult to bring Russian defendants to trial or to prove intent.
    • Russia does not recognise the ICC and will likely not cooperate with the investigation.
    • The crimes of genocide are defined by the United Nations Genocide Convention of December 1948.
    • It includes acts “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”. Genocide is seen as the gravest and most serious of all crimes against humanity.

     

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  • Who are the Bucharest Nine (B9) Countries?

    The envoys to India of nine Eastern European countries called Bucharest Nine jointly wrote to acquaint the Indian public with the basic facts on the ground” about the “premeditated, unprovoked and unjustified Russian aggression in Ukraine”.

    What is Bucharest Nine?

    • The “Bucharest Nine” is a group of nine NATO countries in Eastern Europe that became part of the US-led military alliance after the end of the Cold War.
    • The Bucharest Nine or Bucharest Format, often abbreviated as the B9, was founded on November 4, 2015, and takes its name from Bucharest, the capital of Romania.
    • The group was created on the initiative of Klaus Iohannis, who has been President of Romania since 2014, and Andrzej Duda, who became President of Poland in August 2015.

    Composition

    • The B9 are, apart from Romania and Poland, Hungary, Bulgaria, the Czech Republic, Slovakia, and the three Baltic republics of Estonia, Latvia, and Lithuania.
    • All members of the B9 are part of the European Union (EU) and North Atlantic Treaty Organisation (NATO).
    • All nine countries were once closely associated with the now dissolved Soviet Union, but later chose the path of democracy.
    • Romania, Poland, Hungary, and Bulgaria are former signatories of the now-dissolved Warsaw Pact military alliance led by the Soviet Union.
    • The other Warsaw Pact countries were the erstwhile Czechoslovakia and East Germany, and Albania. Estonia, Latvia, and Lithuania were part of the former Union of Soviet Socialist Republics (USSR).

    Functions of B9

    • The B9 offers a platform for deepening the dialogue and consultation among the participant allied states, in order to articulate their specific contribution to the ongoing processes across the North-Atlantic Alliance.
    • It works in total compliance with the principles of solidarity and indivisibility of the security of the NATO Member States.

    Opposition to Russian expansion

    • The B9 countries have been critical of President Vladimir Putin’s aggression against Ukraine since 2014, when the war in the Donbas started and Russia annexed the Crimean peninsula.
    • After the Russian invasion of Ukraine on February 24, the B9 met in Warsaw.
    • Ukraine’s President has also appealed to the B9 for defense aid, sanctions, pressure on the aggressor Russia and create one anti-war coalition.

     

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  • In news: Organisation of Islamic Cooperation (OIC)

     

    In a highly notorious move, the OIC has invited Kashmiri separatist leaders in the Foreign Ministers’ meet in Islamabad.

    What is OIC?

    • The OIC — formerly Organisation of the Islamic Conference — is the world’s second-largest inter-governmental organization after the UN, with a membership of 57 states.
    • The OIC’s stated objective is “to safeguard and protect the interests of the Muslim world in the spirit of promoting international peace and harmony among various people of the world”.
    • OIC has reserved membership for Muslim-majority countries. Russia, Thailand, and a couple of other small countries have Observer status.

    Do you know?

    Guyana and Suriname (from South America) are members of OIC.

    India and OIC: A Backgrounder

    • At the 45th session of the Foreign Ministers’ Summit in 2018, Bangladesh suggested that India, where more than 10% of the world’s Muslims live, should be given Observer status.
    • In 1969, India was dis-invited from the Conference of Islamic Countries in Rabat, Morocco at Pakistan’s behest.
    • Then Agriculture Minister Fakhruddin Ali Ahmed was dis-invited upon arrival in Morocco after Pakistan President Yahya Khan lobbied against Indian participation.

    Recent developments

    • In 2019, India made its maiden appearance at the OIC Foreign Ministers’ meeting in Abu Dhabi, as a “guest of honor”.
    • This first-time invitation was seen as a diplomatic victory for New Delhi, especially at a time of heightened tensions with Pakistan following the Pulwama attack.
    • Pakistan had opposed the invitation to Swaraj and it boycotted the plenary after the UAE turned down its demand to rescind the invitation.

    What is the OIC’s stand on Kashmir?

    • It has been generally supportive of Pakistan’s stand on Kashmir and has issued statements criticizing India.
    • Last year, after India revoked Article 370 in Kashmir, Pakistan lobbied with the OIC for their condemnation of the move.
    • To Pakistan’s surprise, Saudi Arabia and the UAE — both top leaders among the Muslim countries — issued nuanced statements, and were not as harshly critical of New Delhi as Islamabad had hoped.
    • Since then, Islamabad has tried to rouse sentiments among the Islamic countries, but only a handful of them — Turkey and Malaysia — publicly criticized India.

    A group of hippocrats

    • The OIC has been making factually incorrect and unwarranted references to Jammu and Kashmir.
    • The so-called religious group is covertly silent over the persecution of Rohingyas, Uighurs, Kurds etc.

    How has India been responding?

    • India has consistently underlined that J&K is an integral part of India and is a matter strictly internal to India.
    • The strength with which India has made this assertion has varied slightly at times, but never the core message.
    • It has maintained its “consistent and well known” stand that the OIC had no locus standi.
    • This time, India went a step ahead and said the grouping continues to allow itself to be used by a certain country “which has a record on religious tolerance, radicalism, and persecution of minorities”.

    OIC members and India

    • Individually, India has good relations with almost all member nations. Ties with the UAE and Saudi Arabia, especially, have looked up significantly in recent years.
    • The OIC includes two of India’s close neighbors, Bangladesh and Maldives.
    • Indian diplomats say both countries privately admit they do not want to complicate their bilateral ties with India on Kashmir but play along with OIC.

    Way ahead

    • India sees the duality of the OIC as untenable, since many of these countries have good bilateral ties and convey to India to ignore OIC statements.
    • But these countries sign off on the joint statements which are largely drafted by Pakistan.
    • India feels it important to challenge the double-speak since Pakistan’s campaign and currency on the Kashmir issue has hardly any takers in the international community.

     

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  • Geneva Conventions and the Russia-Ukraine War

    As the evidence of casualties in the civilian population continues to mount, the world will increasingly look to the Geneva Conventions in the Russia-Ukraine conflict.

    Geneva Conventions Guidelines for Wartime

    • These are a set of four treaties, formalized in 1949, and three additional protocols, which codify widely accepted ethical and legal international standards for humanitarian treatment of those impacted by war.
    • The focus of the Conventions is the:
    1. Treatment of non-combatants and prisoners of war, and
    2. Not the use of conventional or biological and chemical weapons

    What are the four Geneva Conventions?

    (1) First Geneva Convention: Health and Medical Issues

    • It protects wounded and sick soldiers on land during war.
    • This convention extends to medical and religious personnel, medical units, and medical transport.
    • It has two annexes containing a draft agreement relating to hospital zones and a model identity card for medical and religious personnel.

    (2) Second Geneva Convention:  Offshore Protection

    • It protects wounded, sick and shipwrecked military personnel at sea during war.
    • This convention also extends to hospital ships and medical transports by sea, with specific commentary on the treatment and protections for their personnel.

    (3) Third Geneva Convention: Treatment of Prisoners of War (PoW)

    It applies to prisoners of war, including a wide range of general protections such as humane treatment, maintenance and equality across prisoners, conditions of captivity, questioning and evacuation of prisoners, transit camps, food, clothing, medicines, hygiene and right to religious, intellectual, and physical activities of prisoners.

    (4) Fourth Geneva Convention: Civilian protection of occupied territory ***

    • It particularly applies to the invasion of Ukraine by Russian military forces.
    • It protects civilians, including those in occupied territory.
    • Comprising 159 articles, it outlines the norms for this critical dimension of conflict.

    Extent of the Fourth Geneva Convention amid the Ukraine-Russia War

    • Along with the Additional Protocols of 1977, the Fourth Convention expounds upon the:
    1. General protection of populations against certain consequences of war
    2. Conduct of hostilities and the status and
    3. Treatment of protected persons
    4. Distinguishing between the situation of foreigners on the territory of one of the parties to the conflict and that of civilians in occupied territory
    • This convention also spells out the obligations of the occupying power vis-à-vis the civilian population and outlines detailed provisions on humanitarian relief for populations in occupied territory.

    Which countries are signatories?

    • The Geneva Conventions have been ratified by 196 states, including all UN member states.
    • The three Protocols have been ratified by 174, 169 and 79 states respectively.

    Russia and these conventions

    • In 2019, perhaps anticipating the possibility of its invading Ukraine in the near future, Russia withdrew its declaration under Article 90 of Protocol 1.
    • By withdrawing this declaration, Russia has pre-emptively left itself with the option to refuse access by any international fact-finding missions to Russian entities.
    • Not withdrawing could have find Russia responsible for violations of the Geneva Conventions standards.
    • Further, the four conventions and first two protocols of the Geneva Conventions were ratified by the Soviet Union, not Russia.
    • Hence there is a risk of the Russian government of the day disavowing any responsibility under the Conventions.

    What would be the steps for potential prosecution under the Conventions?

    • Under Article 8 of the Rome Statute of the ICC, it is the ICC that has jurisdiction in respect of war crimes, in particular “when committed as part of a plan or policy or as part of a large-scale commission of such crimes.”

    To what extent have Geneva Conventions been upheld worldwide in recent years?

    • Amnesty International notes that there has been a blatant disregard for civilian protection and international humanitarian law in armed conflicts where four of the five permanent members of the UN Security Council are parties.
    • Specifically, Amnesty cited:
    1. US-led coalition’s bombing of Raqqa in Syria, which left more than 1,600 civilians dead
    2. Destruction of civilian infrastructure and lives in Aleppo and Idlib by Russian forces
    3. Leading to mass displacement of millions
    4. War in Yemen where the Saudi Arabia and the UAE-led coalition, backed by the West, killed and injured thousands of civilians, fuelling a full-blown humanitarian crisis

     

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  • What is ‘Most Favoured Nation’ Status?

    The United States, the European Union, Britain, Canada and Japan are to move jointly to revoke Russia’s “most favoured nation” (MFN) status over its invasion of Ukraine.

    What is MFN status?

    • The World Trade Organization’s 164 members commit to treating other members equally so they can all benefit from each other’s lowest tariffs, highest import quotas and fewest trade barriers.
    • This principle of non-discrimination is known as most favoured nation (MFN) treatment.
    • There are some exceptions, such as when members strike bilateral trade agreements or when members offer developing countries special access to their markets.
    • For countries outside the WTO, such as Iran, North Korea, Syria or Russian ally Belarus, WTO members can impose whatever trade measures they wish without flouting global trading rules.

    Removal of MFN status

    • There is no formal procedure for suspending MFN treatment and it is not clear whether members are obliged to inform the WTO if they do so.
    • India suspended Pakistan’s MFN status in 2019 after a suicide attack by a Pakistan-sponsored group.
    • Pakistan never applied MFN status to India.

    What does losing MFN status mean?

    • Revoking Russia’s MFN status sends a strong signal that the US and its Western allies do not consider Russia a economic partner in any way, but it does not in itself change conditions for trade.
    • It does formally allow the Western allies to increase import tariffs or impose quotas on Russian goods, or even ban them, and to restrict services out of the country.
    • They could also overlook Russian intellectual property rights.
    • Ahead of MFN status removal, the United States had already announced a ban on imports of Russian oil and gas.

     

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