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Aug 15, 2023

Security Council Speakers Argue Over Western Countries Supplying Arms That Support Ukraine’s Right to Self

Amid the ongoing war in Ukraine, speakers in the Security Council today examined the justification and consequences of arms supplies from the West to Kyiv, with many arguing that these weapons support

Amid the ongoing war in Ukraine, speakers in the Security Council today examined the justification and consequences of arms supplies from the West to Kyiv, with many arguing that these weapons support that country’s self-defence against the Russian Federation’s invasion and others expressing concern that such military assistance makes a peaceful settlement a distant hope.

Briefing the 15-nation organ, Izumi Nakamitsu, High Representative for Disarmament Affairs, said the provision of military assistance to the armed forces of Ukraine, reportedly including heavy conventional weapons and missile systems, has continued, adding that there have also been reports of States transferring or planning to transfer weapons, such as uncrewed combat aerial vehicles and ammunition, to the Russian Federation’s armed forces for use in Ukraine.

“The influx of weapons and ammunition into any armed conflict can contribute to an escalation and presents significant risks of diversion and proliferation even after the conflict has ended,” she warned, calling for measures to address the risk of these arms ending up in the hands of unauthorized end-users. Urging States to join treaties and instruments, including the Arms Trade Treaty and the Firearms Protocol, she stressed that transparency in arms transfers is a confidence-building measure, which can serve to reduce tensions, ambiguities and misperceptions.

Danny Haiphong, a journalist writing about human rights abuses and war crimes committed worldwide by the United States, said that tens of billions of his country’s tax dollars go to funding and arming a proxy war against the Russian Federation while its ordinary people suffer from rising levels of poverty, homelessness and suicide.

Washington, D.C., is the biggest arms exporter in the world, comprising 40 per cent of all global sales, which have been “instrumental in some of the bloodiest wars of the last two generations”, he pointed out, stressing that ongoing Western arms sales to Ukraine violate the Charter of the United Nations. The United States and its Western partners must learn to operate within the framework of international law, “just like all other Member States, or the world will face the continued threat of instability and war,” he emphasized.

In the ensuing debate, while many Council members voiced concern about civilian casualties and called for diplomatic efforts towards a peaceful solution, several speakers questioned the motive of the Russian Federation in calling today’s meeting.

The Russian Federation’s representative explained that Western weapons are creeping all over the world, including the black markets in conflict areas in Latin America and Africa, thus directly undermining security. Calling Western assurances that the weapons used in Ukraine will not be used in violation of international humanitarian law “a direct lie”, he said Kyiv has been using cluster bombs to strike areas in Donetsk that have no military targets.

Rebutting such argument, the representative of the United States, Council President for August, spoke in his national capacity to express his country’s continued support for Ukraine’s self-defence, including through the provision of arms and equipment. “Russia is telling us that it is not the invading country that is responsible for the crisis,” he said, denouncing Moscow’s irresponsible nuclear rhetoric, including their announcement regarding the stationing of nuclear weapons on the territory of Belarus.

In the same vein, Albania’s delegate, noting that information on arms transfers to Ukraine is open data, said that such transfers are legal and justified. Further, Article 51 of the UN Charter provides a clear legal basis for individual States to offer assistance to a country exercising its inherent right to self-defence.

Echoing that, Japan’s delegate said that arms supplies are driven by Ukraine’s necessity to protect itself, saying: “Rather than suggesting that support for Ukraine will imperil diplomatic efforts, Russia should immediately withdraw all its troops and military equipment from Ukraine”.

France’s representative pointed out that the Kremlin called today’s meeting “to spread its propaganda”, stressing that it was Moscow that deliberately undermined collective security through its illegal, unprovoked war of aggression against Ukraine.

Injecting a different view, Brazil’s representative said that the increasing flow of weapons into the conflict in Ukraine assumes that there is a military solution to this conflict. He warned that the massive and ongoing introduction of arms into that country can erode the potential for a peaceful resolution.

Along the same lines, China’s delegate said that the massive influx of equipment to the battlefield makes the hope of ceasing hostilities more remote. “Weapons may be used to win the war; however, they cannot win peace,” he said, stressing the need for peace through dialogue.

As well, Gabon’s representative cautioned that a dreaded scenario is unfolding, namely that of massive rearmament, which clearly is reversing the expectations of most Member States that have made remarkable efforts towards general global disarmament. She called upon all parties to open the channels of engagement and silence the guns.

Rounding up the discussion, Ukraine’s delegate reported that remnants of Hk-101 missiles show that Moscow has been able produce such weapons and circumvent sanctions. Highlighting the enforced assimilation and the deporting of Ukrainian residents from occupied territories, he stated: “For my nation, this is an existential battle for survival.” All weapons, whether produced by Ukraine or received from allies, serve to engage in that fight and “stop the dictatorship infected with insane imperial sentiments,” he stated.

THREATS TO INTERNATIONAL PEACE AND SECURITY

Briefings

IZUMI NAKAMITSU, High Representative for Disarmament Affairs, said that since the last Security Council briefing on this topic in June, the provision of military assistance to Ukraine’s armed forces has continued in the context of the Russian Federation’s full-scale invasion of Ukraine. Information from Governments about their transfers of weapons systems and ammunition is available through open sources. These transfers have reportedly included heavy conventional weapons such as battle tanks, armoured combat vehicles, combat aircrafts, helicopters, large-calibre artillery systems, missile systems and uncrewed combat aerial vehicles, as well as remotely operated munitions and small arms and light weapons and their ammunition. Over the last months, reported transfers of arms and ammunition to the Ukrainian defence forces have expanded. There have also been reports of States transferring or planning to transfer weapons, such as uncrewed combat aerial vehicles and ammunition, to the Russian Federation’s armed forces for use in Ukraine. On reports related to the transfer and use of cluster munitions, she said that the Secretary-General’s spokesperson called for these types of weapons to be consigned to history and not be used.

The influx of weapons and ammunition into any armed conflict can contribute to an escalation and presents significant risks of diversion and proliferation even after the conflict has ended, she warned, calling for measures to address the risk of these arms ending up in the hands of unauthorized end-users. Transparency in arms transfers is a confidence-building measure, which can serve to reduce tensions, ambiguities and misperceptions. The United Nations Register of Conventional Arms remains a key tool in this regard. States have also established several arms control treaties and instruments, including the Arms Trade Treaty, the Firearms Protocol and the Programme of Action on Small Arms and Light Weapons and its International Tracing Instrument. The recently adopted Global Framework for Through-life Conventional Ammunition Management is a much-needed instrument to address both the safety and security risks associated with conventional ammunition to prevent diversion and unplanned explosions, she said, calling on States to consider joining relevant treaties and agreements.

She went on to report that from 24 February 2022 to 13 August 2023, the Office of the High Commissioner for Human Rights has recorded 26,384 civilian casualties in Ukraine, with 9,444 killed and 16,940 injured. The actual figures are likely to be considerably higher, she added. Most civilian casualties are attributed to the use of explosive weapons with wide area effects, including by shelling from artillery; tanks and multiple launch rocket systems; cruise and ballistic missiles; and by air strikes. Spotlighting the Political Declaration on Strengthening the Protection of Civilians from the Humanitarian Consequences Arising from the Use of Explosive Weapons in Populated Areas adopted in November 2022, she said that it falls on Member States to implement the Declaration. She also encouraged all the relevant parties to abide by their obligations under the Convention on Certain Conventional Weapons and not to transfer or use any mines prohibited by its Amended Protocol II. Emphasizing that international humanitarian law prohibits parties to an armed conflict from targeting civilians and civilian objects, she strongly condemned attacks against civilians and civilian infrastructure. Moscow’s military offensive in Ukraine, in violation of the Charter of the United Nations and international law, is hitting the most vulnerable the hardest, she pointed out, calling for an end to this brutal war.

DANNY HAIPHONG, journalist, said he has spent the last 10 years writing about and speaking out against the long record of human rights abuses and war crimes committed worldwide by his country of birth, the United States. He has witnessed tens of billions of that country’s tax dollars go to funding and arming a proxy war against the Russian Federation while its ordinary people suffer from rising levels of poverty, homelessness and suicide. Citing a speech by United States Secretary of State Antony Blinken who stated that military support for Ukraine must be prioritized over diplomacy, he noted that Mr. Blinken is supposed to be the top diplomat, not a champion of escalating conflict. He further pointed out that Washington is the biggest arms exporter in the world, comprising approximately 40 per cent of all global sales, which have been “instrumental in some of the bloodiest wars of the last two generations”.

Moscow did not need to be forced to the negotiating table, having provided draft proposals of security guarantees to Washington and the North Atlantic Treaty Organization (NATO) in December 2021 that were summarily rejected, he continued. NATO countries have provided over $40 billion in weapons to Ukraine over the span of the conflict, many of which have landed on the black market and with drug cartels, neo-Nazi and fascist elements, “many of which now make up parts of the Ukrainian armed forces”. Furthermore, NATO has armed the Ukrainian army at the expense of its own arsenal, with the United States sending cluster munitions to Ukraine last month, which have long been condemned by over 100 countries worldwide. In terms of weapons use, he quoted Camille Grand, former Assistant Secretary General of Defence Investment at NATO, who stated that “a day in Ukraine is a month or more in Afghanistan”.

He also noted that Ukrainian President Volodymyr Zelenskyy has blamed the West’s lacklustre supply of arms for the monthslong delay in its counteroffensive against the Russian Federation. That counteroffensive is now in its third month, with disastrous results, including the destruction of 30 per cent of NATO’s weapons supply to Ukraine and an estimated 43,000 Ukrainian forces killed. Reports have surfaced that local morgues are seeing nearly double the bodies since the counteroffensive began. Further, beneficiaries of the arms supply include the top 25 Western military contractors, whose revenues have increased by 11 per cent over the past year to $212 billion, with arms sales expected top $450 billion for 2023.

Highlighting that the maintenance of international peace and stability is a primary responsibility of the Security Council, he underscored that ongoing Western arms sales to Ukraine are not only a violation of the UN Charter, but also reveal the geopolitical realities that undergird the conflict. The United States has a record of waging unilateral military conflict on a global scale, with over 800 foreign military bases, 11 command structures and a public military budget of nearly $1 trillion. The United States and its Western partners must learn to operate within the framework of international law, “just like all other Member States, or the world will face the continued threat of instability and war,” he stressed.

Statements

DMITRY A. POLYANSKIY (Russian Federation), spotlighting the so-called strategic counteroffensive of Ukraine over the past three months, said the only result is tens of thousands of dead Ukrainian soldiers and hundreds of units of destroyed Western equipment. The full collapse of the Ukrainian military command system is now repelling even Western mercenaries. Ukraine’s army is completely corrupt and Western weapons are creeping all over the world, including the black markets in conflict areas in Latin America and Africa, thus directly undermining security. Western suppliers are ignoring all their obligations and increasing their support, he said, noting that last week, United States President Joseph Biden asked Congress to give Ukraine an additional $24 billion. Ordinary Americans are asking the question: “Does the US not have pressing socioeconomic problems that these colossal sums can go towards solving?”

The Western authorities are completely deaf to the causes of their own citizens while asking the Kyiv regime to continue their suicidal assault and trying to justify their delivery of weapons, he continued. As for ordinary Ukrainians, “Kyiv and the Western capitals do not care about them at all”, he stated, adding that they consider the lives of Ukrainian soldiers “cheaper” than the lives of Americans or the expensive NATO military technology. Calling Western assurances that the weapons used in Ukraine will not be used in violation of international humanitarian law “a direct lie”, he said Kyiv has been using cluster bombs to strike areas in Donetsk that have no military targets; their only goal is to spread terror among civilians. That fits into the tactic of the Kyiv regime which “has openly resorted to terrorism”, he said, stressing that the people of Ukraine are starting to understand that Kyiv is pressing them to engage in suicide for the agenda of Western countries.

RICCARDA CHRISTIANA CHANDA (Switzerland), underscoring that the number of indiscriminate attacks on civilians and civilian infrastructure has reached “unimaginable levels”, spotlighted recent reports regarding the destruction of homes, restaurants, shops and other civilian infrastructure in every region of the country. “The waves of attacks are affecting dozens of civilians, including children, and are tearing whole families apart,” he said. Moreover, strikes against Ukrainian port facilities continue to increase the risks to global food security. People helping the victims have also been affected, including medical staff and humanitarian workers. On occasions, the same target is hit twice within a short period, endangering relief workers, he reported, also noting that places where representatives of humanitarian organizations are staying have been targeted. The resources deployed to help the victims of the conflict are being jeopardized, he said, recalling that international humanitarian law protects the wounded and medical missions, as well as humanitarian personnel and activities.

AMEIRAH OBAID MOHAMED OBAID ALHEFEITI (United Arab Emirates) called on the parties to the conflict in Ukraine to take further proactive efforts to stop and prevent weapons from falling into the hands of terrorist and criminal groups. “The responsibility of preventing the diversion of weapons in cases of conflict is that of national authorities,” she added. She urged that parties to the conflict fully respect international law, including international humanitarian law, and make every possible effort to ensure the protection of civilians. All sides must respect the basic principles of proportionality and distinction. Expressing deep concern over the plight of civilians in Ukraine, she voiced alarm that children’s hospitals have been attacked. “The war has to end,” she emphasized.

HAMAMOTO YUKIYA (Japan), noting that today’s meeting was called by the Russian Federation to discuss the increasing arms transfers by the West to Ukraine, pointed out that Moscow’s unprovoked war of aggression against Kyiv is the origin of this war. The Kremlin has repeatedly attacked Ukrainian ports and has even held the world hostage. Emphasizing the right of self-defence, he said that arms supplies are driven by Ukraine’s necessity to protect itself. The Council has been discussing Moscow’s aggression because of the immediate developments on the ground and because its continuing invasion is a matter of international peace and security. It is difficult to see a substantive difference between this meeting and others on Ukraine scheduled in August. “Rather than suggesting that support for Ukraine will imperil diplomatic efforts, Russia should immediately withdraw all its troops and military equipment from Ukraine,” he said.

ISIS MARIE DORIANE JARAUD-DARNAULT (France) said that the Russian Federation called today’s meeting “to spread its propaganda”. However, on 24 February 2022, it was Moscow that deliberately undermined collective security through its illegal, unprovoked war of aggression against Ukraine — and it is now guilty of war crimes and crimes against humanity. The Russian Federation can end the war by ceasing its aggression and withdrawing its troops from Ukrainian territory, as demanded by the International Court of Justice on 16 March 2022. Ukraine is exercising its right to self-defence under Article 51 of the Charter of the United Nations, and she said that, by supporting the Ukrainian counteroffensive, “we hope to reverse the balance of power and create the conditions for a diplomatic settlement of the conflict”. The war has catastrophic repercussions for the Ukrainian people and the whole world, but she added that it “is also a dead end for Russia”.

BISMARK ANYANAH (Ghana) said that Ukraine did not start the present war, emphasizing that it has a duty and legitimate right to defend its territorial integrity, political independence and sovereignty. He therefore urged the Russian Federation to heed global calls to withdraw its troops from the internationally recognized borders of Ukraine. Emphasizing the need to respect the regime aimed at preventing the diversion of arms and regulating the international arms trade, he said that adherence to States’ obligations under these global arrangements — as well as national regulations — can help mitigate illegal proliferation. “With the myriad of challenges facing the world at the present moment, the Russian war against Ukraine adds another painful layer on prevailing global hardships,” he said, calling for an end to the unjustified war.

GENG SHUANG (China) called the dire consequences of continued provision of weapons to the battlefield “disconcerting”. Currently, the massive influx of equipment to the battlefield persists, with spillover effects making the hope of ceasing hostilities more remote. “Weapons may be used to win the war; however, they cannot win peace,” he said, stressing that the restoration of peace requires dialogue. An increasing number of countries have raised their voice and proposed peace initiatives, he said, noting that, on the issue of Ukraine, China has been consistently standing on the side of peace and dialogue and actively promoting peace talks. Underscoring that efforts to promote dialogue must not be renounced, he pledged that China will step up dialogue and communication with all parties and play a constructive role in promoting political settlement of the Ukrainian crisis.

FRANCESCA MARIA GATT (Malta) said that the humanitarian crisis resulting from the Russian Federation’s war of aggression against Ukraine must be at the centre of deliberations. That war “continues to pose serious and direct threats to the safety and security of Ukraine’s nuclear facilities”, she observed, adding that Moscow’s withdrawal from the Black Sea Grain Initiative has “consciously weaponized” food security. Moreover, the naval blockade and attacks on Ukrainian ports are further evidence of Moscow’s strategy to use food security to create a global disruption. She also condemned the Russian Federation’s attacks against civilians and civilian infrastructure, supporting ongoing efforts by the International Criminal Court and the International Court of Justice. She expressed further support for the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine and the International Centre for the Prosecution of the Crime of Aggression against Ukraine.

DOMINGOS ESTÊVÃO FERNANDES (Mozambique) voiced deep concern over the reliance on military solutions over diplomatic engagement. As the conflict intensifies and accumulation of arms increases, there is a growing apprehension about the region “turning into a ticking time bomb” with unimaginable devastating global repercussions. Escalating rhetoric may drive the world to the perilous threshold of the potential use of a tactical nuclear weapon. Public announcements of arms deliveries outside United Nations arms control regimes and the disarmament framework point towards a fatal confrontation and “move us further away from de-escalation and compromise”, he stressed. More so, the conflict is diverting essential resources from climate change and other issues, while deepening divisions. The Council must remain a central player in advocating for peace, reminding all parties to adhere to the principles of the UN Charter and seek a negotiated and lasting solution, he emphasized.

THOMAS PATRICK PHIPPS (United Kingdom) recalled that last week, the Russian Federation’s missiles targeted hotels in Pokrovsk and Zaporizhzhia. As people nearby rushed to rescue the wounded from the rubble, further missiles hit both locations — a “double tap” strike, timed deliberately to kill first responders. On Sunday, a baby just 22 days old, her 12-year-old brother and their parents were among seven people killed by Moscow’s shells in Kherson. “This is how Russia’s leaders conduct their war of choice,” he said, stressing that “Ukraine wants peace; indeed, the whole world wants peace.” However, the Russian Federation has continued to drop bombs on Ukrainian ports and grain, targeting the world’s food supply. “There is no NATO proxy war against Russia,” he underscored, adding: “It was President Putin who chose to invade Ukraine last February [and] who ordered hundreds of thousands of Russian troops to their deaths on the soil of another country, to which they should never have been sent.”

ARIAN SPASSE (Albania), noting that information on arms transfers to Ukraine is open data, said that such transfers are legal and justified. The Ukrainian people are defending the sovereignty, freedom and independence of their country. As such, Article 51 of the UN Charter provides a clear legal basis for individual States to offer assistance to a country exercising its inherent right to self-defence. Further, arms transfers to Ukraine have been conducted in accordance with national legislation and the Arms Trade Treaty, in addition to an assessment of the risk of diversion. On the other hand, the Russian Federation is using weapons illegally procured from the Democratic People’s Republic of Korea and Iran, violating blatantly relevant Council resolutions. He added that Albania has aligned with the European Union’s new sanctions framework, which prohibits the export from Europe to Iran of components used in the development and production of unmanned arial vehicles.

SÉRGIO FRANÇA DANESE (Brazil), recognizing the right of self-defence under Article 51 of the Charter, said that the increasing flow of weapons into the conflict in Ukraine assumes that there is a military solution to this conflict. However, the massive and ongoing introduction of arms into that country can erode the potential for a peaceful resolution to the conflict, making a de-escalation of hostilities less likely. Expressing concern about the risk that transferred arms end up in the hands of non-State actors, including criminal and terrorist groups, he called on Member States to adhere to the Arms Trade Treaty and other international instruments to prevent such diversions. Innocent civilians should never be targets of military operations, he stressed, urging the parties to prevent harm to residential areas, energy and transport infrastructure, including ports and human lives. “Only a political solution, taking into account the sovereignty and territorial integrity of Ukraine and the legitimate security concerns of all parties, will bring a lasting peace,” he said.

EDWIGE KOUMBY MISSAMBO (Gabon) voiced alarm that the fighting continues to claim many civilian victims, the number now standing at 7.3 million, with 9,444 killed. She underscored that a dreaded scenario is unfolding, namely that of massive rearmament, which clearly is reversing the expectations of most Member States that have made remarkable efforts towards general global disarmament. The immediate consequence of intensified fighting is an exponential worsening of the humanitarian situation, with infrastructure and civilian populations being the first targets of the shelling. Further, humanitarian agents are struggling to raise the $4.3 billion needed to respond to the crisis, an effort which is only 30 per cent funded. At the same time, military aid is reaching unprecedented heights at an estimated $160 billion. She called upon all parties to open the channels of engagement and silence the guns.

HERNÁN PÉREZ LOOSE (Ecuador) reiterated his constant concern for peace and security and stability and the large-scale entry of weapons to any conflict. “We must increase our efforts to demarcate and register and ensure traceability of arms and weapons,” he added, expressing support to any measures aimed at avoiding the spread or escalation of the conflict. The supply of some materials and defence systems, including anti-air defence systems, should contribute to reducing the destruction of civilian infrastructure and to reducing the number of victims in Ukraine. For this reason, it is fundamental that the Council focuses on the question of their use. Specifically, any provision of arms or munitions must be subject to a guarantee to respect the principles of distinction and proportionality. For this reason, he emphasized that Ecuador will continue to reject the production, transfer, and use of cluster munitions. “We once again urge the Russian Federation to cease its attacks on civilian infrastructure, including port infrastructure,” he said.

ROBERT A. WOOD (United States), Council President for August, spoke in his national capacity to underscore that his country will continue to support Ukraine’s self-defence, including through the provision of arms and equipment that enable Ukraine to defend its territory and protect its people from Moscow’s unprovoked aggression. “Russia is telling us that it is not the invading country that is responsible for the crisis,” he noted, as Moscow is alleging that “it is rather the country doing everything in its power to defend itself from an illegal invasion that is at fault”. Citing this narrative as “hypocritical”, he underscored that Moscow’s full-scale invasion of its sovereign neighbour violates the UN Charter and constitutes a threat to international peace and security. “We cannot be distracted from Russia’s destabilizing activities in Ukraine and elsewhere,” he stressed, spotlighting Moscow’s irresponsible nuclear rhetoric and announced stationing of nuclear weapons on the territory of Belarus. Moreover, Moscow is seeking increased military cooperation with Pyongyang, he warned, noting that such arms transfers are a violation of Council resolutions.

SERHII DVORNYK (Ukraine) noted that the Russian Federation seat is again being misused to turn the Security Council into a platform for disseminating propaganda and justifying its war of aggression. Similar to an experienced criminal in front of a jury, that delegate is attempting to shift responsibility by blaming the victim, while his strongest outrage is due to the fact “that Ukraine and Ukrainians have not accepted the role of helpless victim”. He cited Russian Federation narratives on TV, social media and even schoolbooks that portray the Ukrainian people as inferior and suggest that they do not have the right to their own State. The occupied territories bear the heaviest burden of these neocolonial practices, experiencing enforced assimilation and repressions for manifesting a Ukrainian identity, as well as a change in the demographic composition by deporting local Ukrainian residents and bringing in migrants from the Russian Federation. “For my nation, this is an existential battle for survival,” he stressed.

All weapons, whether produced by Ukraine or received from allies, serve to engage in that fight and “stop the dictatorship infected with insane imperial sentiments”, he stated. Further, Ukrainian forces will continue targeting all legitimate military objectives, in stark contrast to the terrorist methods of warfare employed by Russian Federation forces that raze towns to the ground. He noted that remnants of Kh-101 missiles reveal Moscow is able to produce them, illustrating that there are still ways to circumvent the sanctions. “These loopholes should be closed,” he emphasized, recalling that Ukraine remains active on the peace track with President Zelenskyy’s Peace Formula Plan. Beginning with the attempted annexation of Crimea, the Russian Federation “has cosplayed Nazi criminals”, he pointed out, including by “bombing Kyiv almost at the same early hour as Nazis once did”. Noting that the Third Reich never resurged because it was militarily defeated and its political, military and economic leadership brought to justice, he stated: “A similar fate is anticipated for Putin’s regime.”

In Pakistan, the United Nations Children’s Fund (UNICEF) today warned that, one year after the historic floods that devastated the country, millions of children continue to need humanitarian assistance and access to essential services.