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International Law

Validity of Reservations of Bangladesh against Article 2 of CEDAW

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One of the greatest victories for the post-modern feminist movement in the arena of International Law was the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW, hereinafter, the Convention). Often termed as the harbinger of an alternative understanding of the feminist cause going beyond the Human Rights regime, the Convention heralded the greatest possible change in the Status of women, recognized internationally. Often regarded as the International Bill of Rights for Women, CEDAW is a comprehensive treaty on the rights of women and establishes legally binding obligations on the State Parties to follow the legal standards set by it to end discrimination against women by achieving equality between men and women. (Tackling Violence against Women, London School of Economic Blog)

Despite the theoretical attempts at establishing an equal society, for most part of the World, the coverage of the Convention is minimal. This is mostly because of the ‘reservations’ made by member States in the name of personal laws often originating in their religious set up. The personal laws in their very inception are rooted in the ideas of patriarchy, dominance of men, and lesser roles for women. Many instances from the sources of these personal laws would prove that men are in charge of women and hence can direct their personal spheres. These discriminatory personal laws are protected even in the most advanced constitutional setups either through a document or a bill of rights within the purview of Right to Religion. As a consequence, many countries in order to show their neutrality towards the concept of Religion and to establish the beautiful ideals of secularism tend to overlook the discrimination these religious laws preach.

In the current Article, the researcher provides an analysis as to what kind of reservations are permitted under the CEDAW, and how Bangladesh completely misunderstood its qualified right of Reservations, as an absolute right and established an anomaly, which doesn’t merely contradict its international commitments but also the fundamental principles of the Constitution of Bangladesh.

Concept of Reservations to Treaties

The existing ambiguities in the treaty reservations law have often led to irregularities and illegalities in law. In 1969 the Vienna Convention on the Law of Treaties was adopted to codify practice and provide legal guidance on the meaning of reservations and a uniform procedure for entering them. The Vienna Convention provides that reservations may not be made that are “incompatible with the object and purpose of the treaty.” (Vienna Convention on the Law of Treaties (23 May 1969), Entered into force 27 January 1980. United Nations, Treaty Series, vol. 1155, p. 331.) This provision raises as many questions as it answers, as the Vienna Convention does not define “object and purpose,” nor does it indicate what body has the power to determine validity. The Vienna Convention also provides for state parties to object to a reservation within twelve months of its entry. However, objections do not dispose of the question of validity, although some states have objected to reservations to CEDAW on the ground of invalidity. In 1994,M. Alain Pellet, the Special Rapporteur on Reservation to treaties, addressed various aspects of the reservation issues. The most significant for purposes of dealing with CEDAW and other human rights treaties is his discussion of reservations to “normative” treaties. The international human rights treaties differ from most other treaties in that their implementation is monitored by bodies that are established by the terms of the respective treaties. (Human Rights Committee, General Comment No. 24 on Reservations, CCPR/C/21/Rev.1/dd.6 (November, 1994), republished as HRI/GEN/1/Rev.6.) Despite establishments of treaty bodies, within the framework of treaties, who hold authority to judge any reservations on its merits, all these bodies have had issues with reservations.

The Convention permits ratification subject to reservations. Some state parties that enter reservations to the Convention do not enter reservations to analogous provisions in other human rights treaties. A number of states enter reservations to particular articles on the ground that national law, tradition, religion or culture are not congruent with Convention principles, and purport to justify the reservation on that basis. (Reservations to CEDAW, Available at: http://www.un.org/womenwatch/daw/cedaw/reservations.htm, accessed on 6/10/2019).Article 28 (2) of the Convention adopts the impermissibility principle contained in art. 19 (c) of the Vienna Convention on the Law of Treaties. The impermissibility principle states that any reservation which is incompatible with the object and purpose of the treaty shall be invalid. The CEDAW Committee considers art. 2 as the core provision of the Convention. The Committee holds the view that art. 2 central to the objects and purpose of the Convention and as a consequence its importance cannot be neglected. States parties which ratify the Convention do so because there exists an agreement between all the states that any form of discrimination against women in all its forms should be condemned and that strategies set out in art. 2, should be implemented by States parties to eliminate it. How far the traditional, religious or cultural practice, incompatible domestic laws or other policies can justify violations of the Convention, needs some thorough scrutiny.

Fundamental Rights under the Constitution of Bangladesh

Article 7 of the Constitution of Bangladesh, 1972 refers to Supremacy of Constitution and all powers to be exercised in consonance with the same, as it manifests the will of the people of the Republic. The Constitution also guarantees various fundamental rights to its citizens and explicitly states than any law inconsistent with the Fundamental Rights shall be void. The Constitution also promotes equality (art. 27, Constitution of Bangladesh) and prohibits any form of discrimination against women in all spheres of state and in the public life (art. 28(2) Constitution of Bangladesh). Despite these provisions proclaiming equality and non-discrimination against women in the law of the land, Bangladesh holds reservations against art. 2 of the Convention, which, as already discussed above is crucial for the objects and purposes of the Convention. The ground, as repeatedly claimed by Bangladesh, for such reservation is that these provisions contradict the Sharia Law based on Holy Quran and Sunnah. As a response to this, neither the Committee nor any State party has belaboured the issue. Bangladesh withdrew the reservations to Articles 13(a) and 16 (1) (f) of the Convention in 1997 but has not withdrawn the Article 2 and Article 16 (1) (c). The Committee has continued to press on the question of withdrawing the remaining reservations, however mostly unsuccessfully.

Periodic Committee Reports at a glance

Soon after the ratification of the treaty, in 1996 the Ministry of Women and Children’s Affair constituted an inter-ministerial committee to review the reservations to the Convention. The report of the Committee reaffirmed the supremacy of the law, and stated that Bangladesh doesn’t have Sharia Law as such rather certain provisions have been codified into legislation. Also, the report suggested that the provisions of Sharia are not immutable and hence can be reinterpreted as per need of time. (Committee on the Elimination of Discrimination against Women, Third and Fourth Report of State Parties: Bangladesh, CEDAW/C/BGD/3-4 p 26 (April 1, 1997)).

Again in 2004, during the 31st session of the CEDAW, in its fifth report the Bangladeshi representative asserted their intention to withdraw all the reservations. The Committee was gratified to hear that Bangladesh intended to withdraw its reservations to the Convention in the near future. In doing so, it would ensure the effective implementation of the Convention and send a significant message to other Muslim nations. (Committee on the Elimination of Discrimination against Women, Fifth Report (Continued), Summary Record of 654 Meeting, CEDAW/C/BGD/5, para 61, (July 9, 2004))

Regarding the optional protocol, Dubravka Šimonović, Special Rapporteur on Violence against Women, observed, although Bangladesh had ratified the Optional Protocol to the Convention, its reservations to articles 2 and 16.1 (c) effectively meant that the Optional Protocol was not applicable regarding certain rights provided for in the Convention. She remarked that the Bangladeshi delegation had stated that the Government was gradually taking steps to implement the equal rights guaranteed to men and women under the Constitution, and she would appreciate knowing why that was the case, since those rights should be granted, not on a gradual basis, but immediately. (Convention on Elimination of All forms of Discrimination Against Women, 5th Periodic Report: Bangladesh, Summary Records CEDAW/5/SR.653 (12th August 2004)) The fifth periodic report also focused on the ongoing role of NGOs and other Civil Societies stating their lobbying efforts and advocacy attempts to remove reservations from the Article 2 and 16.1 (c).

Most recently, the 8th Periodic Report submitted in 2016, recalled the importance of Law Commission (hereinafter, LC) reports, which is a statutory body empowered to recommend enactment, amendment or repealing of laws relating to fundamental rights and values of society. Since 2009, the LC has suggested reform of laws for the promotion of human rights, including prevention of sexual harassment in educational institutions and workplaces, prevention of violence against women, protection of victims and witnesses to grave offences, reform of Hindu family laws and the withdrawal of reservation on the two Articles (2 and 16.1(c) of CEDAW. (Convention on Elimination of All Forms of Discrimination Against Women, 8th Periodic Report: Bangladesh, May 2015) In the report, the Bangladeshi representative submitted that the Government is aware about the potential movements by the Islamic fundamentalist groups against the withdrawal of the reservations. Therefore, cautious steps are being taken so as not to jeopardize application of the principles of CEDAW. Partnership and cooperation with civil society is essential to create a positive environment for the withdrawal of reservation.

The abovementioned constitutional provisions and periodic reports show that despite being an equal society, at least constitutionally, the abovementioned reservations appear highly mis-founded as they can essentially have only two understandings- first, Sharia is inherently discriminatory against women; Second, Bangladesh has wrongly appreciated and understood Sharia, which has misguided such reservations. While the first one could not be agreed for most of its part, as 29 out of 57 members of Organization of Islamic Cooperation (OIC), with Sharia law in force, have ratified the treaty without any reservations. When it comes to Second observation, then it can be affirmatively said that the Bangladeshi reservation is rooted in the wrong conception of its own religious conceptions and practices. Various reports suggest that the Sharia is not immutable and such changes can be made as per the needs of time. This can be regarded as one of the most important times where call for such amendments in the Bangladeshi understanding and interpretation of Sharia Law as the crime against women in the South Asian region is on all-time high. (See Media Report)

Concluding Remarks

In light of the above-mentioned facts it becomes imperative to understand the prospects of such reservations both in law and in practice along with the methods of tackling the existing obstacles in the implementation of women centric legislations. While Bangladesh has accepted the irregularity of its reservations to the CEDAW in every periodic report submitted to the CEDAW, yet any action for the withdrawal of the same is still an implausible idea because of the pressure on the Government exerted by fundamentalist groups active in Bangladesh. As the reservation contradicts various provisions of the Constitution of Bangladesh like Articles 26, 27, 28, 29, etc, they are inherently invalid. But despite the vehement oppositions from various NGOs and civil societies to the reservations, no such remark has yet been made by the judiciary of Bangladesh. Along with reiteration of supremacy of constitution over sharia law, it is necessary for the courts to remove the divide between public and private spaces. While private spaces are completely untouched by the State, it is imperative that the manifestations of such personal practices which become social factors should be regulated. Alternatively, reading the reservation invalid within the purview of Sharia Law can be another plausible task that the Government can undertake. Taking into consideration the examples of other Islamic nations, which have no reservations against the CEDAW, can also be beneficial to the withdrawing of reservation procedure. These exemplified and exalted examples of law in other Islamic nations which don’t have reservations can help Bangladesh cope up with the resistance to the withdrawal by the fundamentalist forces.

Regarding reservations of Bangladesh, it can be concluded that they are highly misplaced because of inherent problem in their conception. States are required to be proactive in adopting laws and policies to eliminate discrimination against women and in attempting to modify or abolish discriminatory “customs and practices.” As the article lays out the fundamental requirement to comply with all articles of the Convention in the State party’s constitution, statutes, and policies, it is imperative for Bangladesh to withdraw the same.

Samarth Trigunayat is LLM graduate from South Asian University, New Delhi. South Asian University was established by SAARC member nations to enhance cooperation between the member states through the tool of education. The author is currently employed as Young Professional (Law) at Ministry of Commerce, Government of India. The author has previously worked as Assistant Professor at Faculty of Law, Shree Guru Gobind Singh Tricentenary University, Gurugram, India. His area of interest includes International Trade Law, International Investment Law, Feminist Jurisprudence and Constitutional Law. The author can be reached at: lawyer.samarth[at]gmail.com

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International Law

Undemocratic United Nations and Global Peace

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War is not the solution to any problem rather war is a problem itself. Many countries believe in diplomacy and peaceful means of problem-solving and conflict resolution. But, unfortunately, many nations still seek solutions of problems and continuity of politics in wars.

If we look at any newspaper, we find too many armed conflicts going on around the globe. To name a few would include a catastrophic war between Russian Federation and Ukraine which has caused tens of thousands of casualties, with millions displaced. Decades-long civil wars and subsequent US-led NATO intervention and withdrawal has brought Afghanistan to the brink of famine and hunger. The whole Middle Eastern region is unstable and striving with civil wars for long. The Arab -Israel conflict and Kashmir Dispute have been there for more than seven decades.

Above-mentioned and many others examples of armed conflicts prove that there is no durable peace in the world. Here one thing that needs to be noted is that conflict is always inevitable among individuals, societies and nations, because the interests of individuals, societies and nations do not always converge. When there is divergence of interests, conflict arises.

What is needed to be done is the resolution of these conflicts. There are two ways to resolve conflicts: one is violent way (use of force) and the other is peaceful way (diplomacy and negotiations). More than seven decades ago, after World War 2, nations realized that war is not solution to any problem and they established United Nations Organization (UNO). Primary objective of UN was and is the maintenance of peace and security in the world.

But, if we look at history, it seems the UN has failed to achieve international peace and security. UN may have had role in preventing the outbreak of another world war, but it could not stop a series of conflicts from Korea, Vietnam to Afghanistan (during Cold War), and from Africa, Middle East to ongoing Russian-Ukraine conflict.

This is a question mark on the credibility of UN, that why the UN despite being guardian of international peace and security cannot stop wars.

UN has six principal organs and many Specialized Agencies and Funds for different tasks.  Among them Security Council is the most powerful Organ and is mandated with enforcing international peace and security. UNSC uses two tools to enforce its decisions, one is applications of sanctions and the other is use of force (intervention).

However the concentration of power in the hands of five permanent states of Security Council, namely the United States, United Kingdom, France, China and Russia have been problematic. These five countries use veto power whenever they perceive any resolution to be against their national interest or against the interests of their allies. Throughout the Cold War, US and USSR had paralyzed UN by vetoing resolutions. Same happened with any other conflict including when US drafted a resolution to stop the war in Ukraine.

So, it is crystal clear that if UN (specifically Security Council) is not reformed, UN can not achieve its primary goal i.e. maintenance of peace and security. UN members and experts have talked about reform in Security Council. Experts have also given suggestions and proposals to make UN more democratic and representative. One of those proposals is abandoning veto and doubling the size of SC members. This can make UN more democratic and representative to some extent. But this is not an easy job. Firstly, because P5 are reluctant to abandon this privileged position (veto power). Secondly, countries hoping for permanent membership are opposed by other countries. For example, many European countries object Germany’s membership. Pakistan objects to India’s membership.

 Experts believe the solutions could be the democratization of UN system (particularly UNSC). This is done by involving General Assembly in the decision making regarding international peace and security. General Assembly is a symbol of democracy, representing almost all the states on the globe. Simple or two-third majority must be mandatory to make any decision regarding international peace and security. This could stop any powerful state to use UN as a tool for its own vested national interest , and the decision of majority will prevail. All the states, big and small, powerful and weak will have equal say in the UN. Otherwise the possibility of wars, violence, genocide and injustice will further increase.

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United States thinks it’s ‘the exception to the rules of war’

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The architects of those Nuremberg trials—representatives of the United States, the Soviet Union, the United Kingdom and France fully expected that the new United Nations would establish a permanent court where war criminals who couldn’t be tried in their home countries might be brought to justice. In the end, it took more than half a century to establish the International Criminal Court (ICC). Only in 1998 did 60 nations adopt the ICC’s founding document, the Rome Statute. Today, 123 countries have signed.

Guess what superpower has never signed the ICC? Here are a few hints? – writes Rebecca Gordon in an article at “The Nation”:

Its 2021 military budget dwarfed that of the next nine countries combined and was 1.5 times the size of what the world’s other 144 countries with such budgets spent on defense that year.

Its president has just signed a $1.7 trillion spending bill for 2023, more than half of which is devoted to “defense” (and that, in turn, is only part of that country’s full national security budget).

It operates roughly 750 publicly acknowledged military bases in at least 80 countries.

In 2003, it began an aggressive, unprovoked (and disastrous) war by invading a country 6,900 miles away.

Yes! The United States is that Great Exception to the rules of war.

While, in 2000, during the waning days of his presidency, Bill Clinton did sign the Rome Statute, the Senate never ratified it. Then, in 2002, as the Bush administration was ramping up its Global War on Terror, including its disastrous occupation of Afghanistan and an illegal CIA global torture program, the United States simply withdrew its signature entirely. Secretary of Defense Donald Rumsfeld (photo) then explained why this way:

“The ICC provisions claim the authority to detain and try American citizens — U.S. soldiers, sailors, airmen and Marines, as well as current and future officials — even though the United States has not given its consent to be bound by the treaty. When the ICC treaty enters into force, U.S. citizens will be exposed to the risk of prosecution by a court that is unaccountable to the American people, and that has no obligation to respect the Constitutional rights of our citizens.”

The assumption built into Rumsfeld’s explanation was that there was something special — even exceptional — about US citizens. Unlike the rest of the world, we have “Constitutional rights,” which apparently include the right to commit war crimes with impunity.

Even if a citizen is convicted of such a crime in a US court, he or she has a good chance of receiving a presidential pardon. And were such a person to turn out to be one of the “current and future officials” Rumsfeld mentioned, his or her chance of being hauled into court would be about the same as mine of someday being appointed secretary of defense.

The United States is not a member of the ICC, but, as it happens, Afghanistan is. In 2018, the court’s chief prosecutor, Fatou Bensouda, formally requested that a case be opened for war crimes committed in that country. ‘The New York Times’ reported that Bensouda’s “inquiry would mostly focus on large-scale crimes against civilians attributed to the Taliban and Afghan government forces.” However, it would also examine “alleged C.I.A. and American military abuse in detention centers in Afghanistan in 2003 and 2004, and at sites in Poland, Lithuania, and Romania, putting the court directly at odds with the United States.”

Bensouda planned an evidence-gathering trip to the United States, but in April 2019, the Trump administration revoked her visa, preventing her from interviewing any witnesses here. It then followed up with financial sanctions on Bensouda and another ICC prosecutor, Phakiso Mochochoko.

So where do those potential Afghan cases stand today? A new prosecutor, Karim Khan, took over as 2021 ended. He announced that the investigation would indeed go forward, but that acts of the United States and allies like the United Kingdom would not be examined. He would instead focus on actions of the Taliban and the Afghan offshoot of the Islamic State.

When it comes to potential war crimes, the United States remains the Great Exception. Wouldn’t it be wonderful if we were just a little less exceptional?

If, for instance, in this new year, we were to transfer some of those hundreds of billions of dollars Congress and the Biden administration have just committed to enriching corporate weapons makers, while propping up an ultimately unsustainable military apparatus, to the actual needs of Americans?

Wouldn’t it be wonderful if just a little of that money were put into a new child tax credit? – asks Rebecca Gordon.

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International Law

Selective Standards: Fight Against Oppression or Just a Geopolitical Showdown for Global Supremacy?

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The karma of destiny is perhaps the most patent representation of natural balance one could witness in a lifetime. The global divide between democracy and autocracy has been a mainstay of western diplomacy since the days of the Cold War. ‘Rule-based International Order’ has been the de facto foreign policy of subsequent western administrations – the United States, in particular. One would assume that the virtue of such an altruistic agenda would extend universally regardless of caste, creed, and ethnicity. But unfortunately, while nature could prove occasionally unfair, each successive American regime sets new records of cant and hypocrisy, as if trying to remind us of its duplicitous existence and deviant machinations.

The war in Ukraine was the grotesque highlight of the year 2022. But what notably garnered considerable spotlight was the western unity against Russian maneuvers. Placing crippling sanctions on the Kremlin – done. Cutting energy imports from Russia – mission accomplished. Military and humanitarian aid to Ukraine – $65 billion have already been appropriated to Kyiv, while an additional $47 billion got approved in a $1.7 trillion government funding bill signed by President Biden. What else? Oh, yes! Sanctions on Iran for supplying military drones to Russia, allegedly used in surveillance and targeted attacks on Ukrainian energy infrastructure. Russia got ejected from the United Nations Human Rights Council (UNHRC), ridiculed in the UN General Assembly (UNGA), and suspended from the Group of Eight (G8) in 2014 for annexing Crimea. All in the name of, and I quote the US Secretary of State Antony Blinken, “defense of the UN Charter and in resolute opposition to Russia’s devastating war of aggression against Ukraine and its people.” Well, is the defense of the UN Charter absolute or subject to the selective judgment of the United States? Is all aggression against any innocent civilians culpable, or just Russian predation against innocent denizens of Ukraine? The answer was pretty evident on (ironically) the last day of the year that would remain earmarked in history as the year of the notorious Russian invasion of Ukraine.

The UNGA voted on a resolution calling on the International Court of Justice (ICJ) to opine on the legal consequences of Israel’s illegal occupation of Palestinian territories. Today, Israel colonizes swathes of Palestinian land beyond the borders established under the 1947 UN Partition Plan (contentious in itself to begin with). Since the 1967 Arab-Israeli War, this illegal occupation also includes Gaza, East Jerusalem, and the West Bank. The resolution passed 87 to 26 with 53 abstentions. Unsurprisingly, the typical states opposing the resolution were the United States and Britain – the flag-bearers of justice in the Russian war in Ukraine. The same standard-bearers of international law that applauded Ukrainian President Volodymyr Zelenskyy for dragging Russia to the ICJ before Russian forces even fully penetrated the Ukrainian borders. It is another rueful example of a shameless display of hypocrisy on the geopolitical canvas. And it would’ve been tragicomical had it not been par for the course – a historical cliche!

Last month, two US lawmakers: namely House Reps. Steve Cohen and Joe Wilson, introduced a bipartisan congressional resolution calling on President Biden to boot Russia from the United Nations Security Council (UNSC) for its “flagrant violations” of the UN Charter, including its illegal naturalization of four Ukrainian oblasts and committing atrocities against civilians in Ukraine. While the expulsion proceedings of a permanent member of the UNSC are both obscure and (frankly) unrealistic without Russian consent, this scenario is spectacularly ironic.

In November 1967, the members of the UNSC voted unanimously for Resolution 242: calling out Israel to withdraw from the annexed territories seized in the Six-Day War. Yet 55 years later, Israel not only continues to violate the resolution, it also proceeds to expand settlements on expropriated Palestinian land with impunity. In the last five decades, the Israeli regime has demolished over 28,000 Palestinian homes in the occupied territory; spawned more than 200 settlements and outposts. And between 600,000 and 750,000 Jewish settlers have been transferred to the West Bank and East Jerusalem. The violence against Palestinians has never ceased.

According to the data from the UN Office of the High Commissioner for Human Rights (OHCHR), a total of 424 children have been killed in Ukraine by Russian barbarity. Apartment blocks razed mercilessly; the electricity grid battered to the brink of collapse. The United States has termed it a ’systemic’ assault on humanity, and President Biden even called it a “genocide.” The same department (OHCHR) reported in May 2021 that the Israeli bombardment of the Gaza Strip killed 242 Palestinian children. Was Israel punished for its war crimes? Far from it. President Biden recently congratulated the incoming Israeli Prime Minister Benjamin Netanyahu, the architect of the 11-day war in 2021, on forming the government – terming him as his “friend for decades” while conspicuously ignoring concerns regarding the inclusion of far-right racist politicians in the new cabinet.

The US officials have always maintained a programmed PR narrative of “Israel’s right to defend itself.” From what, children? According to the World Health Organization (WHO), Israeli aggression in Gaza displaced more than 74,000 Palestinians, including 7,000 children without a roof, scant food supplies, and virtually no access to medical assistance. The WHO also reported the decimation of 30 health facilities in Gaza due to Israeli airstrikes. Yet, annualized military aid to the tune of $3.8 billion continues to flow to Israel from the United States. What more to explain other than the absolute mockery of international law; the farce of diplomacy of human rights and equitable justice at the behest of the apparently puritanical United States of America.

History is riddled with numerous examples of American duplicity. The American acquiescence to the Israeli invasion of Lebanon in 1982, which eventually galvanized the Shiite Islamist group Hezbollah. The United States vetoed the UNSC resolution – one of its 53 vetoes time and again used to shield Israel from global denunciation – calling for Israel’s immediate withdrawal from southern Lebanon. An estimated 49,600 Palestinian and Lebanese civilians died during the occupation. And then there are glaring examples of American interventions. Its outright support to the Afghan Mujahideen against the Soviet Union and the subsequent provenance of the Taliban regime in Afghanistan. How can one forget the devastating invasion of Iraq on the utterly bogus canard of Saddam Hussein wielding Weapons of Mass Destruction (WMD). Between 2003 and 2006, the US-led assault resulted in over 655,000 Iraqi civilian casualties, primarily due to the indiscriminate aerial bombardment by the US forces on Iraqi towns and cities. And the civil vacuum engendered in wake of the Iraq War served as a breeding ground for radical offshoots of Al-Qaeda – later accreting under the banner of the Islamic State (IS). How can a country such as America still enjoy a moral high ground when its historical scroll stands emblazoned with unilateral aggression, illegal intervention, and unabashed prevention of justice against its genocidal allies?

The war in Ukraine is a blood-strewn conflict but a rendition of complex realpolitik import and balance of regional power dynamics. Opposing Russian cruelty should not implicitly spell out support for American rhetoric. One could still stand with Ukrainians while denouncing its backers in the name of universal covenants of justice. All humans are entitled to the right to life, security, freedom, and dignity. These fundamental rights should not waver based on alliances – political, ideological, ethnic, or otherwise.

While the passage of this UNGA resolution is a promising sign of growing global consciousness, it won’t yield any significant, policy-altering outcomes. In 2004, the ICJ weighed on the issue of Israeli occupation and ruled that the wall in the occupied West Bank and Jerusalem was illegal. In response, Israel termed The Hague ‘politically motivated’ and rejected the ruling. Similarly, the Permanent Representative of Israel to the United Nations Gilad Erdan, speaking ahead of the vote, characterized this resolution as “a moral stain on the UN,” further arguing that “no international body can decide that the Jewish people are occupiers of their own homeland.” Russia makes an eerily similar argument about Ukraine; Russian President Vladimir Putin aspires to ‘Reunify the Soviet Motherland.’ Even China’s President Xi Jinping posits a parallel assertion regarding the ‘reunification’ of Taiwan with the Chinese motherland. The resemblance is uncanny. But while the US continues to support Ukraine to wrestle back lost territory from Russian troops; continues to arm Taiwan to defend against a potential amphibious invasion from China, plans are effectively underway to move the US embassy to Jerusalem – a tacit nod to Donald Trump’s aberrant recognition of Jerusalem as Israel’s capital – despite the city’s disputed status under the international law. I reckon the words of Ms. Tirana Hassan, the acting executive director at Human Rights Watch (HRW), in her introductory essay in the HRW World Report 2023 aptly bewail these double standards: “[In] a world in which power has shifted, it is no longer possible to rely on a small group of mostly Global North governments to defend human rights.

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