Diplomacy to Stop Huma Right Abuse in Ukraine

   

Introduction

This blog presented information about the sanctions that are imposed by the world communities and global institutions like the UN on the country or their diplomats and leaders against their involvement in the human rights abuse in the war zone. A further section of the chapter describes the diplomatic measures used by the nations to restrict the political systems of a nation to stop the process of human rights abuse against the people of a state.

Types of Sanctions and diplomatic measures

Important methods for preventing human rights abuses include diplomatic and economic sanctions. These can encourage governments and other organizations to better protect human rights. These measures can motivate governments to take action to preserve the human rights of their population by exacting economic or diplomatic repercussions for failing to do so. In addition, countries can safeguard their most vulnerable citizens from human rights abuses by employing sanctions and diplomatic measures.[1] Sanctions can be used to prevent the transfer of weapons to a government that is abusing its power by violating the human rights of its people. Human rights abusers can be held accountable through these procedures as well. By taking action against those responsible for human rights abuses, the international community may strongly convey that such acts will not be accepted.

Sanctions against diplomats or political systems can boost global cooperation for human rights protection.[2] Human rights violations can be addressed, and those responsible can be held accountable more effectively if countries work together. The international community supports those who have suffered human rights violations by going through such a procedure. Countries can demonstrate their solidarity with the victims and dedication to advancing human rights worldwide by taking steps to end these crimes.[3] Here are some instances of sanctions and diplomatic actions taken by different societies around the world in this context:

Sanctions

To encourage a government or other entity to alter its behaviour, sanctions might be levied on it in the form of financial penalties. The economy, the government, or the armed forces of a country can all be the subject of sanctions. Sanctions can be divided into several categories, including:

• Asset freezes: The assets of those who have been accused of international crimes can be frozen in this way. Because of this, it may be hard for individuals to go places, do business, or get their hands on money.[4]
• Travel bans: Individuals and companies are not permitted to travel to designated countries or regions. It may be challenging for individuals to take part in events that take place on a global scale or to get together with their supporters.
• Arms embargo: The sale or transfer of guns to individuals or organisations that have been accused of committing international crimes is prohibited as a result of this provision. Because of this, it may be challenging for individuals to wage war or engage in other forms of violent activity.
• Trade sanctions: These measures limit or forbid business with those who have been charged with or convicted of serious international crimes. This can harm their economies, making it harder to buy things and access services.[5]

Effective sanctions can deter further infractions, penalise those responsible for transgressions, and give victims some kind of redress. Sanctions can be effective, but they also have the potential to damage innocent individuals in the sanctioned country. Before applying sanctions, it is crucial to weigh their possible costs and advantages.

Diplomatic Measures

Violations of international criminal law can be addressed by various diplomatic methods, not just sanctions.[6] Examples of such steps include:

• International condemnation: This can be accomplished by issuing statements or resolutions denouncing the violations and demanding that those involved be held accountable for their actions.[7]
• Investigations: To accomplish this, it is necessary to collect evidence and to conduct interviews in order to identify those responsible for the violations.[8]
• Prosecution: This entails pursuing criminal charges against persons who have been accused of infractions and putting them on trial in a legal setting.[9]
• Reparations: This entails monetary compensation for people who have been wronged.

Diplomatic actions have the potential to be an efficient means of holding accountable those who are guilty for violations of international criminal law. They also have the potential to assist prevent future infractions by conveying the message that such crimes will not be allowed, which is a powerful deterrent.[10] However, diplomatic measures can be difficult to accomplish, especially in situations when the nation that is accused of violating international law is not helpful. This is especially the case when diplomatic efforts are combined with other forms of pressure.

Sanctions on Russia

Since the beginning of the conflict in Ukraine, the United States of America, the European Union, and several other nations have implemented sanctions against Russia to pressure it to withdraw from the fight. Both parties involved in this intricate geopolitical disagreement have been significantly impacted due to these sanctions. On the one hand, Russia's access to foreign capital markets has been severely curtailed, which has reduced the country's capacity to borrow money and finance various initiatives.[11] Because of this, economic growth and development, and investment from other countries have been hampered. In addition, the United States and the European Union have restricted or outright banned the entry of particular products, such as technological and luxury goods.[12] As a direct consequence of this, Russia has been forced to place an increased emphasis on the country's production to satisfy its consumers' needs.

In retaliation for these restrictions, Russia has enacted its retaliatory measures, including prohibiting imports from the United States and the European Union. Because of this decision, there has been a major decrease in trade between the two regions, which has increased the level of economic friction between them.[13] Russia has embarked on an extensive import substitution policy to expand domestic production capacities within critical areas such as agriculture, defence manufacturing, and energy production to compensate for the loss of imports due to sanctions and embargoes. While this endeavour is still underway, it is apparent that sanctions have driven Russia to become more self-reliant when producing certain goods and services domestically. This may prove helpful in the long run if the quality of these goods and services can be maintained or even enhanced over time.

Sanctions are often considered a way for nations or organizations to express dissatisfaction without resorting to military action; however, they come with major consequences that must not be underestimated and should not be relied upon to express disapproval. Russia and Ukraine are suffering economically due to the restrictions imposed on them by third parties as a direct result of the conflict between the two countries. [14]This is particularly clear in the case of the conflict between Russia and Ukraine.

Since the conflict between Ukraine and Russia in 2014, the two nations have been at a standstill on political and economic fronts. The issue has not been resolved to this day, and both countries are instead adopting steps that will only serve to further exacerbate their existing tensions. The Russian seizure of Crimea, which was met with broad condemnation from the rest of the international community, was the most apparent result of the crisis that occurred in 2014. As a response, the European Union (EU) and the United States (US) imposed economic sanctions on Russia[15]. These measures restricted Russia's access to international capital markets and capped the specific products that could be imported from the country. As a form of retaliation, Russia has implemented punitive measures such as prohibiting imports from the United States and the European Union, which has greatly reduced the trade between the two parties. Because of these activities, a climate of mistrust between Ukraine and Russia has been established, which still persists.

The conflict has also resulted in disruptions to energy supplies due to arguments between Ukraine and Russia regarding electricity pricing. As a consequence of this, there has been a rise in nationalist sentiment on both sides as a result of people's desire to determine their fate. Another cause of tension between Ukraine and Russia is the disagreement over the status of separatist regions. Both countries claim sovereignty over the disputed territories, but neither is willing to budge on this issue. Because of the ongoing political and economic difficulties between Ukraine and Russia, there has been a standstill for a considerable amount of time, and there are currently no indications that this will change shortly.[16] With no end in sight, both sides need to take steps toward resolving their differences if they are ever going to achieve peace.

Use of Sanctions and Diplomatic Measures on Russia

The use of sanctions and diplomatic measures is an important part of the international community's efforts to address international criminal law violations.[17] These measures can help to deter future violations, to punish those who have committed violations, and to provide justice for victims. However, it is important to note that sanctions and diplomatic measures are not a solution. They can sometimes be effective, but they are not always successful. It is important to carefully consider the potential costs and benefits of these measures before imposing them.

 

Reparations: Reparations are payments or other forms of compensation that are made to victims of human rights abuses.[18]

The international community has a responsibility to address international criminal law violations. Sanctions and diplomatic measures are an important part of this effort, but they are not the only tools that are available. It is important to use a variety of approaches in order to achieve justice for victims and to deter future violations.

How to best hold Russian government leaders accountable for their behaviour using diplomatic and economic measures, such as sanctions, has been one of the most divisive and fiercely disputed themes in recent years. Although some argue that such measures are an efficient means of discouraging inappropriate behaviour, others doubt their efficacy and wonder if they are worth the costs associated with implementing them. One must have a solid understanding of the goals of sanctions and diplomatic efforts before attempting to evaluate their efficacy. In most cases, sanctions are employed as a kind of punishment for a nation or group that has been found to be participating in behaviour that is judged unacceptable by the international community.[19] In this context, "actions" can refer to things like violations of human rights, aggressive military actions, or violations of international law. On the other side, diplomatic actions are those that are taken in order to change behaviour through the use of negotiation and dialogue.

When it comes to Russia, using sanctions and diplomatic measures has been a common tactic utilised to hold government leaders accountable for their acts. For instance, in response to Russia's annexation of Crimea, meddling in Ukraine's internal affairs, and other activities, the United States and the European Union have implemented a series of economic sanctions against the country.[20] These sanctions have included limitations placed on commercial activity, travel, and banking-related pursuits. There is some evidence to suggest that these actions have had an effect, despite the fact that it is challenging to evaluate how effective they have been. The Russian economy, for instance, has suffered as a result of the sanctions, as seen by a slowdown in the growth of GDP and an increase in inflation.[21] In addition, certain Russian Officials have been singled out for specific sanctions, which may include restrictions on their ability to travel or the freezing of their assets. However, it is essential to remember that sanctions and diplomatic measures are not a silver bullet for solving the problem. They are not always guaranteed to have the desired effect; in addition to the fact that they might be challenging to execute and police.[22] In addition, these tactics frequently result in unexpected repercussions, such as heightened tensions between countries and negative impacts on innocent populations in the affected area.

In conclusion, it is important to note that sanctions and diplomatic measures, despite the fact that they are potentially effective weapons for holding Russian leaders accountable for their conduct, are not without their limitations. Before moving forward with the implementation of these measures, it is critical for policymakers to do a thorough analysis of the costs and advantages connected with them, and it is also essential for them to maintain an open mind regarding potential alternatives to these policies. The behaviour of Russian authorities has been deemed unacceptable.

Limitations of sanctions and diplomatic measures in holding Russian Official accountable

In recent years, one of the most common strategies for holding Russian leaders accountable for their conduct has been to utilise diplomatic and economic measures, such as sanctions. It is essential to recognise that these solutions have both their benefits and their drawbacks, even though there are situations in which they have the potential to be helpful.[23]

One of the key drawbacks of sanctions is that it can be challenging to put them into practice and ensure that they are followed. For instance, it may be difficult to determine the precise people or organisations responsible for the activities that resulted in the imposition of sanctions. In addition, there is a possibility that the sanctions regime contains gaps that enable those who are the subject of the restrictions to escape them.[24] Sanctions have a number of drawbacks, one of which is that they could have unexpected repercussions. For instance, sanctions can cause harm to innocent civilians by interfering with trade, lowering people's access to critical items, and contributing to economic hardship. Sanctions have the potential to heighten already tense relations between nations, making it more challenging to find peaceful solutions to crises.[25] There are bounds to what can be accomplished using diplomatic means. To begin, diplomacy requires all parties involved to be open to engaging in negotiations and making concessions in order for it to be successful. When dealing with countries like Russia, who may not be ready to compromise on matters that they consider as essential to their national security, this might prove to be a hard aspect of the negotiation process.[26]

One of the drawbacks of diplomacy is that the process can be somewhat sluggish at times. The conclusion of negotiations can be reached after a period of weeks, months, or even years, and there is no assurance that they will do so successfully.[27] Between now and then, it's possible that the situation on the ground may continue to deteriorate. It is also important to note that diplomatic efforts and sanctions are not always successful in changing the behaviour of Russian Official. This is something that should be kept in mind. As an illustration, Russia has persisted, despite the implementation of sanctions, in interfering in the internal affairs of other nations and engaging in other activities that are regarded as objectionable by the international community.[28]

Lastly, it is important to note that sanctions and diplomatic measures, despite the fact that they are potentially effective weapons for holding Russian leaders accountable for their conduct, are not without their limitations. Before putting these measures into effect, decision-makers need to give careful consideration to the costs and advantages of doing so, and they need also maintain an open mind regarding the possibility of employing alternative tactics in order to address inappropriate behaviour on the part of Russian authorities.

 

 

 

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[1] Langer, M., The Diplomacy of Universal Jurisdiction: The Political Branches and the Transnational Prosecution of International Crimes, 2011, https://www.cambridge.org/core/journals/american-journal-of-international-law/article/abs/diplomacy-of-universal-jurisdiction-the-political-branches-and-the-transnational-prosecution-of-international-crimes/0425F8FD48E3FC4D257051D4EA231015

[2] UN, Maintain International Peace and Security,” (2023) <https://www.un.org/en/our-work/maintain-international-peace-and-security>

[3] Ibid.

[4] Jonathan Masters, What Are Economic Sanctions?, (2019), <https://www.cfr.org/backgrounder/what-are-economic-sanctions>

[5] Jonathan Masters, What Are Economic Sanctions?, (2019), <https://www.cfr.org/backgrounder/what-are-economic-sanctions>

[6] Langer, M., The Diplomacy of Universal Jurisdiction: The Political Branches and the Transnational Prosecution of International Crimes, 2011, https://www.cambridge.org/core/journals/american-journal-of-international-law/article/abs/diplomacy-of-universal-jurisdiction-the-political-branches-and-the-transnational-prosecution-of-international-crimes/0425F8FD48E3FC4D257051D4EA231015

[7] https://legal.un.org/avl/ha/cppcg/cppcg.html

[8] Ibid.

[9] Ibid.

[10] https://legal.un.org/avl/ha/cppcg/cppcg.html

[11] Yale, “Over 1,000 Companies Have Curtailed Operations in Russia—But Some Remain,”  (2023), https://som.yale.edu/story/2022/over-1000-companies-have-curtailed-operations-russia-some-remain

[12] Fisher, M., Everything you need to know about the 2014 Ukraine crisis, 2014, https://www.vox.com/2014/9/3/18088560/ukraine-everything-you-need-to-know

[13] EU, “Infographic - Impact of sanctions on the Russian economy,” https://www.consilium.europa.eu/en/infographics/impact-sanctions-russian-economy/

[14] Ibid.

[15] https://www.consilium.europa.eu/en/policies/sanctions/restrictive-measures-against-russia-over-ukraine/

[16] https://www.economist.com/finance-and-economics/2022/08/24/western-sanctions-will-eventually-impair-russias-economy?utm_medium=cpc.adword.pd&utm_source=google&ppccampaignID=18151738051&ppcadID=&utm_campaign=a.22brand_pmax&utm_content=conversion.direct-response.anonymous&gclid=Cj0KCQjwsIejBhDOARIsANYqkD2cf5sDpsZdY-gzLAgqUWBHFmhwTsxFV1cNaLJztwtYaBekLaL4IpUaApI_EALw_wcB&gclsrc=aw.ds

[17] Consilium, “EU restrictive measures against Russia over Ukraine (since 2014)” (n.d.) https://www.consilium.europa.eu/en/policies/sanctions/restrictive-measures-against-russia-over-ukraine/

[18] Eva Dwertmann, “The Reparation System of the International Criminal Court: Its Implementation, Possibilities and Limitations,” (BRILL, 2010)

[19] Ramcharan et al., “The Protection Roles of Human Rights NGOs: Essays in Honour of Adrien-Claude Zoller”, (BRILL, 2022)

[20] Fiona Hill and Gaddy, C., “Mr. Putin: Operative in the Kremlin,” (Brookings Institution Press, 2015).

 

[21] Paul Welfens, “Russia's Invasion of Ukraine: Economic Challenges, Embargo Issues and a New Global Economic Order,” (Springer Nature, 2023)

[22] Ibid.

[23] Leif Rosenberger, “Economic Statecraft and US Foreign Policy: Reducing the Demand for Violence,” (Routledge, 2019).

[24] Ibid.

[25] Paul D'Anieri, “Ukraine and Russia: From Civilized Divorce to Uncivil War,” (Cambridge University Press, 2023)

[26] Ibid.

[27] Denise Garcia, “Disarmament Diplomacy and Human Security: Regimes, Norms and Moral Progress in International Relations,” (Routledge, 2011)

[28] Ibid.