PASMUN VII 2016 GENERAL ASSEMBLY FOURTH COMMITTEE SPECIAL POLITICAL & DECOLONIZATION Territorial Integrity of the Former Soviet Republics Deputy Chair - Jessica Kim Pacific American School Model United Nations Research Report | Page 1 of 1 VII Annual Session Research Report Pacific American School Model United Nations 2016 | VII Annual Session Forum: General Assembly Fourth Committee: Special Political and Decolonization Issue: Territorial integrity of the former Soviet Republics Student Officer: Jessica Kim Position: Deputy Chair Introduction With the Soviet Union being officially dissolved on December 26, 1991, fifteen independent states emerged: Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan. Since the dissolution, violent political and ethnic conflicts have arisen. One of the issues is that the sudden dissolution forced unprepared governments to attempt at rebuilding their economy and ruling their territory. This has led many of these succession states to fail in governing their population and to fall into the hands of corruption. Another issue is that since the sudden division of land did not take into account the ethnic groups that occupied the area, many of such groups were separated or forced into new countries. The majority of these groups have tried to gain their own official control over the land through separatist movements (often entailing a civil war) and succeeded in their attempt. But since they are unrecognized by most of the other states, they are not considered as independent states. Due to this complication, various succession states are in power over their territory in name only, ending the conflicts in stalemate (thus referred to as frozen conflicts). An aspect that fuels these frozen conflicts is Russia’s constant involvement. Russia often appears to be active in separatist movements as unofficial sponsors or mentors. Since the Russian population is diffused all over the land, the country intervenes in other states’ conflicts to “protect the Russian population” in the area by methods that violate territorial integrity. However, the UN has not been able to execute any significant plans to reduce Russia’s illegal interventions due to the country’s constant use of veto power in the Security Council. Research Report | Page 1 of 14 Pacific American School Model United Nations 2016 | VII Annual Session Caption #1: The map of the fifteen former Soviet republics. Definition of Key Terms Territorial Integrity A principle under the international law that states the imposition by force of a border change is an act of aggression and that nation-states should not attempt to promote secessionist movements or border changes in other nation-states. Former Soviet Republic The 15 independent states that emerged from the dissolution of the Soviet Union in December 1991. All three Baltic states (Estonia, Latvia, and Lithuania) claimed continuity from the original states they were before they joined the Union in 1994 and were admitted to the United Nations on 17 September 1991. These three states focused on obtaining European Union and North Atlantic Treaty Organization (NATO) memberships. The remaining 12 all subsequently seceded and formed the Common Wealth of Independent States (CIS). Russo-Georgian War (2009) Although it started as a domestic conflict of Georgia, with the rebel groups South Ossetia fighting for freedom, it evolved into a violent war between Georgia and Russia. Russia was accused by Georgia to be supporting the rebel groups, while Russia has accused Georgia of harboring Chechen rebels. 130 civilians and military personnel were killed, and 1,165 were wounded, the majority of casualties being caused by Russia’s air strikes that were supposedly aimed at military transport lines that hit civilian villages. Many other states critiqued Russia’s involvement to be driven by the desire to control the oil supply of Research Report | Page 2 of 14 Pacific American School Model United Nations 2016 | VII Annual Session Georgia. Russia’s military involvement was condemned by many state governments and NATO to be a direct violation of territorial integrity. Crimean Peninsula Crimea only became a part of Ukraine in 1954 when Nikita Khrushchev (the Soviet leader) transferred jurisdiction from Russia. The move did not mean much then since Ukraine and Russia were both part of the Union. However, after the dissolution, Crimea became the pro-Russian part of Ukraine that was the only formally autonomous region. After a large population of Crimea remonstrated to become a part of Russia instead, military tension has formed between Ukraine and Russia. Although Obama and many other state representatives have warned Putin against any military aggression, Putin intervened stating the situation was putting at risk the lives of Russian citizens and military personnel stationed at a naval base that Moscow has maintained in the Black Sea peninsula since the Soviet collapse. The peninsula was annexed by Russia on 18 March 2014, with Ukraine stating the crisis as a blatant violation of international laws. Many other states agreed with Ukraine, and so the annexation was recognized only by 6 states including Russia itself. Background Information Territorial integrity over the ages In the distant past, international law failed to protect the territorial integrity of sovereign states. For example, the Covenant of the League of Nations proved itself to contain many procedural restraints. It was only in 1928, with the Kellogg-Briand Pact, did territorial integrity start to gain definition. The United Nations Charter of 1945 also stated similar rules, imposing the prohibition on the use of force except where authorized by the Security Council. This important part of the international legal order is still enshrined in Article 2, paragraph 4”[1] (the prohibition of the use of force). The increasing importance of international human rights law, including the right of self-determination, has surprisingly caused territorial integrity to be even more greatly valued. Organizations such as the Organization of African Unity (predecessor of the African Union) started to form and insisted upon the maintenance of independence the past colonial borders. There is a controversy rising over how some people consider territorial integrity to be an outdated concept due to globalization, but the International Court of Justice remains its stance that “the principle is an important part of the international legal order”. Kellogg-Briand Pact Also known as the Pact of Paris, or officially the General Treaty for Renunciation of War as an Instrument of National Policy, this agreement was a 1928 international agreement in which Signatory states swore to not employ war as the method to resolve "disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them.” Those who fail Research Report | Page 3 of 14 Pacific American School Model United Nations 2016 | VII Annual Session to abide "should be denied of the benefits furnished by this treaty." Germany, France and the United States signed on August 27, 1928, and most states followed afterwards. The pact was sponsored by France and the U.S. It is named after its authors, United States Secretary of State Frank B. Kellogg and French foreign minister Aristide Briand. This pact still remains in action. Article 2.4 of the Charter of the United Nations The article states: “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.” This concept is repeated and explained further in the Friendly Relations Declaration of 1970 and the Definition of Aggression of 1974. The most confusing part about the article is probably the words “against the territorial integrity and political independence of any state”. These were inserted at the San Francisco Conference in 1945 to emphasize the imperative matter of not infringing on territorial integrity and political independence. It does not limit the no-force act detailed in the article, like many misinterpret the article to mean. Another imperative point is that this principal protects territory under a States effective control and possession, not only that over which it has de jure (of right, by right, according to law) title. When a piece of territory is disputed, a State has no right to ‘recover’ the territory, since that would infringe the territorial integrity of the State in control of the disputed territory. This principal has caused the UN General Assembly’s 1974 Definition of Aggression (UNGA res. 3314 (XXIX)) and the definition of “crime of aggression” adopted by the 2010 Review Conference of the Rome Statue of the International Criminal Court (Res. RC/Res.6), to define “aggression” or “act of aggression” as “means the use of armed force against inter alia the territorial integrity of another State.” History of the Union of Soviet Socialist Republics, (U.S.S.R.) Establishment The last Russian Tsar (Nicolas II) ruled until March 1917 when the empire was overthrown and the temporary Russian provisional government took power. The provisional government was then in turn overthrown in November 1917 by Vladimir Lenin. He formed the Russian Soviet Federative Socialist Republic (RSFSR), an independent state. The other Soviet republics were independent states as well. In December 1922, the Treaty on the Creation of the USSR was officially signed by the Russian Soviet Federative Socialist Republic, Transcaucasian Socialist Federative Soviet Republic, Ukrainian Soviet Socialist Republic, and the Byelorussian Soviet Socialist Republic to establish the USSR. It had a new centralized federal government in the area of Moscow. . By 1940, Research Report | Page 4 of 14 Pacific American School Model United Nations 2016 | VII Annual Session 12 other republics joined the Union as well. The Union was led based on a one-party ruling system by the social-democratic workers’ party Bolshevik. Dissolution of the Soviet Union/Conclusion The Soviet Union became unstable when the Poles, Czechs, Hungarians, and others successfully claimed independence. Many others, including the Lithuanians, Estonians and Latvians were “enormously enhanced by what they saw happening in the 'outer empire' and they began to believe that they could remove themselves from the 'inner empire'. (BBC)” Another factor that led to the dissolution was Boris Yeltsin. He worked toward anti-establishment and demanded Russian “sovereignty” from the Union in 1990 and “full independence” in 1991. Gorbachev, the last leader of the Soviet Union, established a new Union Treaty in 1991 that kept a majority of republics, including Russia, within a much looser federation. This caused conservative communists in the party apparatus, the military and the KGB (the main security agency for the Soviet Union) to initiate a coup in August 1991, putting Gorbachev under house arrest. The coup failed, but Gorbachev, who was elected as the president of the Soviet Union in 1990 not by citizens’ votes but indirectly by the Congress of People's Deputies, was greatly opposed by people he had appointed to high office. Yeltsin preceded to lower the red flag from the Kremlin on 25 December 1991, and by the end of the month, the Union was dissolved, with fifteen independent states. The Union was dissolved in a state of havoc, and the lack of preparation has led to economic and social failures in the newly emerged States. The states had to govern their own territory with no prior experience, and had to learn how to rebuild their economies. The sudden dividing of borders did not take into account the various ethnic groups in the area, which led to the demand of independence in many states. These difficulties have led to corruption in many post-Soviet states’ governments and the eruption of civil wars. Key Issues Russia’s involvements on post Soviet States’ domestic conflicts Russo-Georgian War The Russo-Georgian War was a conflict centered on South Ossetia and Abkhazia, the two rebel groups of Georgia. Russia recognized the legitimacy of the two states and sent peacekeeping operations in both areas. According to the European Union, the five-day conflict led to the death of 170 servicemen, 14 policemen, and 228 civilians from Georgia, with the addition of 1,747 people wounded. 67 Russian servicemen were killed and 283 were wounded, and 365 South Ossetian servicemen and civilians were killed. Right from the dissolution, Georgia was politically unstable. South Ossetia’s declaration of independence from Georgia in 1991 (the year of the dissolution) was followed by heavy warfare, Research Report | Page 5 of 14 Pacific American School Model United Nations 2016 | VII Annual Session which lead to a civil war, forcing thousands of civilians to flee their homes. The Abkhazian separatist forces successfully defeated the Georgian military in September 1993. Although a ceasefire was agreed on between the Georgian government and Abkhaz separatists, fighting resumed in October 2001. Russia sent peacekeeping troops and accused Georgia of harboring Chechen rebels, a claim denied by Georgia. In September 2002, Vladimir Putin sent a letter to the Secretary General and UN members stating that of Georgia does not respond to the accusations, it will have to face Russia’s military forces. After that, Russia sent several hundred unarmed troops to Abkhazia, saying they were needed for railway repairs. Georgia, however, accused Russia of planning a military intervention. In 2008, South Ossetian separatists ended the ceasefire by attacking Georgian peacekeepers. Georgian President Mikhail Saakashvili deployed troops into South Ossetia, while Russia responded by moving its troops to the border and beginning airstrikes in South Ossetia. Later, through the help of mediators, a peace treaty was signed between Russia and Georgia in 2008. However, the Russian President Dmitry Medvedev signed an order recognizing the independence of South Ossetia and Abkhazia in the same year. The U.S. President George W. Bush responded by saying: "The United States condemns the decision by the Russian president to recognize as independent states the Georgian regions of South Ossetia and Abkhazia. The territorial integrity and borders of Georgia must be respected, just as those of Russia or any other country. Russia's action only exacerbates tensions and complicates diplomatic negotiations.” This view was shared by many other nations, but the U.N. did not intervene in the issue due to Russia’s veto. Crimea Crisis/ Ukrainian Civil War Viktor Yanukovych, the past president of Ukraine who was ousted from office over corruption, was faced with a choice after bringing barreling the country toward economic catastrophe. He had to engage in a “long-term, initially painful deal with the EU to bolster integration and trade” (The Guardian) or take a $15 billion loan from Russia to work toward the planned "Eurasian Union" with Belarus, Kazakhstan and Russia. After he chose the latter, mass demonstrations broke out. As the government employed failed methods to control the coup, “disparate factions joined, uniting liberals, moderates, technocrats, pro-European and far-right nationalists” (The Guardian). As the activity’s death toll risen over 100 and no signs of cessation appeared, Yanukovych fled to Russia. During the last few days of the remonstration, Putin ordered “surprise military drills” near the border of Ukraine and in the Black Sea base in the Crimean Peninsula. Very coincidently, masked figures (some with Russian passports) seized airports and governmental buildings of Crimea on the same day. Although Russia publicly announced them to be “local self-defense groups”, many critics doubted the statement. After the government was overthrown in Crimea, the citizens hosted a referendum that worked more like a confirmation, with only two options: to join Russia or to work toward Crimea’s independence. The referendum resulted in a 97% vote to join Russia. Days later, Putin delivered Research Report | Page 6 of 14 Pacific American School Model United Nations 2016 | VII Annual Session two speeches celebrating the annexation that was done "without a single shot fired and no human casualties", a highly contradictory statement. He glorified Crimea’s “return home” and announced it as an official annexation. Weeks after various degrees of warning and threatening, the EU blacklisted 33 Russians and Ukrainians, while the US’s sanctions were directed toward a bank and 31 people including powerful businessmen, with the basis that the annexation was executed illegally. The sanctions deemed “assets frozen, visas revoked and a ban on US companies' business with the targets.” (The Guardian). EU nations have also stated their plan to extend the body of sanctions, but due to disagreements on some details they have not done so yet. Sanctions were proved to be difficult due to the fact that Great Britain has kept a long relationship with wealthy Russians, while Germany and France has replied on Russia’s gas exports. NATO, however, firmly resuscitated operations in Baltic countries and broke all ties with Russia. With the UN “roundly condemning” (The Guardian) Russia, meetings have been held between top diplomats in Russia, the US, and the EU. These meetings have failed to bring any positive results. The problem did not just stop there. After Ukraine withdrew troops from Crimea, Russia has been reported to host troops gathering in Donetsk and Luhansk, the two major industrial cities. On the 7th of April, protestants of Donetsk, Luhansk, and Kharkiv occupied government buildings. Like the trend of the Arab Spring, the idea of revolution influenced many other eastern Ukrainian cities, causing many pro-Russian leaders of these cities to declare their intention of hosting referendums and gaining more freedom. After the referendum, Donetsk and Luhansk both declared themselves as independent "people's republics" on the 11th of May. The move is unrecognized by both the West and Ukraine. On June 20th, after the election of Poroshenko as the new Ukrainian president, a peace plan was proposed. However, an insurgency broke out the next month on the 5th of July in southern Ukraine. Although another ceasefire was initiated by the leaders of Russia, Ukraine, Germany, and France, heavy fighting continued. Ukraine insisted that the domestic conflicts were triggered by Russia, accusing the Russians to be a regular forces in the fighting in Ukraine. Ukraine also accused Russia to be sending well-trained volunteers with heavy weapons to help the rebels. Even though Russia denied all of these accusations, the rebel leader in Donetsk admitted that many Russian soldiers have joined the rebel force. Research Report | Page 7 of 14 Pacific American School Model United Nations 2016 | VII Annual Session Caption #2: The map of Eastern Ukraine Major Parties Involved and Their Views Russian Federation Russia has been noticed to participate in almost all of these post-Soviet state conflicts. For example, it has actively participated in the Georgian civil war by bombing the civilians while stating that its aim was to destroy the rebel group’s arms supplies. The country states to the public that their actions are for protecting the Russian population in the area, for fighting terrorism, or for other accusatory causes. However, many critics think that it is Russia’s want of expanding its sphere of influence that leads to these violations of territorial integrity. Many believe Russia’s motive behind the annexation of Crimea included the direct access to the Black Sea as well as the expansion of land. Ukraine From 2010 to 2013, Ukraine has kept a peaceful and intimate relationship with Russia. However, after the president’s rejection of the EU agreement in 2013 that led to a civil war, Ukraine’s government has changed its stance to deny Russia’s influence in its land. In detail, the rejection started a revolution among the people and ignited the fight between the pro-Russian cities with the rest of Ukraine. Many of the cities have hosted referendums, and have announced themselves to be independent states, an act that is not recognized by Ukraine nor by other states. Even though multiple ceasefires were attempted, none worked. In the early stages of the conflict, Crimea was illegally annexed by Russia. Now, Russia is known to be participating in joining the rebel groups of Ukraine. It is also accused of sending heavy weaponry and volunteers to bolster the rebel’s power. Research Report | Page 8 of 14 Pacific American School Model United Nations 2016 | VII Annual Session Caption #3: Ukraine’s current status. Georgia Georgia is one of the post-Soviet States that is in conflict with Russia. During its civil war, Russia has intervened by employing methods to increase the rebels’ powers. The violent fighting between Russia, Georgia, and the rebels has led to a refugee crisis as 40,000 fled from their homes to find safety and peace in other places. Although the rebel groups have announced themselves to be independent states, only a few states including Russia recognized their sovereignty. Many believe that Russia has intervened in the Georgian civil war for Georgia’s natural resources such as oil and for its important geographic location. Georgia has cut off all trade and diplomatic relations with Russia after Russia’s support for the rebel groups. United States of America The United States maintains peaceful to close relationships with most Post-Soviet States. Part of the reason it gets along well with these states is due to the agreement that Russia is constantly infringing on other state’s sovereignty, therefore violating the international law. When the Russian government began to help the rebels of Georgia, the United States took measures to help the Georgian government. Russia’s violations on territorial integrity is not the only strain on the relationship between the two countries. The bitterness can be traced to the World Wars and to the Cold War that followed. European Union The split of loyalty of the past Soviet States oftens comes in two ways: loyalty to Russia, or loyalty to the West. Due to Russia’s constant infringements on territorial integrity, many of the Post-Soviet States are either already part of the EU or striving to become a part of the EU. The EU is also a powerful force that is striving to reduce Russia’s violations of international laws. For example, after Russia’s illegal annexation of Crimea, the EU has designed sanctions on Russia, stopping trade between the two sides. Unfortunately, the sanctions did not bring many positive influences but instead increased Russia’s negative Research Report | Page 9 of 14 Pacific American School Model United Nations 2016 | VII Annual Session feelings toward the West. The EU, after observing no significant changes, decided to add more to the sanction. This plan has not been carried out due to disagreements on details between the member states. Germany is especially engaged in the situation of Ukraine. The German Chancellor was one of the first to declare Russia’s annexation of Crimea to be unacceptable. Germany has become the leader of the project because of its economic wealth. With its massive market, sanctions will lead to extremely negative economical influences in Russia. Another reason Germany is so involved in the project is because the “entire geopolitical order to the country’s East is at stake” (Carnegie Europe). Germany is working with the EU and the United States closely to help Ukraine defend itself against Russia. The Baltic States Since Latvia has the largest minorities of Russian speakers in Europe, it is especially endangered from Russia’s schemes to “protect the Russian population”. Due to the fact that two-third of the Russian speaking population are categorized as “non-citizen” thus officially stateless, they have limited rights. Russia has long since accused Latvia for suppressing the rights of the Russian population, so the EU, NATO, and Latvia itself are expecting Latvia to become the “new Ukraine”, to become the next country to be intruded. Estonia is in a very similar situation. With a large Russian minority mixed with the Estonian population, it is exceptionally noticeable to Russia. However, its close relationship with NATO and especially the US ensures some degree of stability in their future. In Lithuania, the Russians make up more than 10% of the population. Like the other Baltic States, it is vulnerable to Russia’s attack. Lithuania has actively showed its support for Ukraine and has encouraged the other NATO members to do so by being the first country to provide arms for them. Timeline of Relevant Resolutions, Treaties and Events Date Description of event Dissolution 1991 The Soviet Union dissolves into fifteen succession states. First Elections 1990-1991 The fifteen post-Soviet States hold their first elections. The Georgian Civil War 1991-1993 1992 The conflict starts, later leading to the Russo-Georgian War. Transnistria War Conflict between Transnistria, the rebel group of Moldova, and the government Research Report | Page 10 of 14 Pacific American School Model United Nations 2016 | VII Annual Session arose, due to the majority of Russian-speaking population fearing union with Romania. Civil War in Tajikistan Conflict broke out between the government and ethnic groups who were 1992-1997 underrepresented in the government. The war was resolved with the "General Agreement on the Establishment of Peace and National Accord in Tajikistan" and the "Moscow Protocol". 1994-1996 2007 2009 2010-2011 First Chechen War War breaks out between Russia and Chechnya. War in Ingushetia Rebels attempt to gain control of the government in Ingushetia. Insurgency in the North Caucasus Multiple insurgencies emerge in the North Caucasus region. Tajikistan insurgency Sporadic fighting breaks out between the rebels and the government. South Kyrgyzstan ethnic clashes 2010 Conflict rises between two ethnic groups, with the government becoming involved later. Ukrainian Revolution 2014 Rebel groups gain power causing the toppling of the Ukrainian government. It ends with Russia’s military intervention. Annexation of Crimea by the Russian Federation 2014 This act is condemned by many nations and led to the EU and NATO to post sanctions on Russia. Adoption of General Assembly Resolution 68/262 27 March 2014 With 100 votes in favor, 11 against, and 58 abstentions, the resolution that urged the house not to change the status of Crimea passed. Research Report | Page 11 of 14 Pacific American School Model United Nations 2016 | VII Annual Session Relevant UN Treaties and Events ● Charter of the United Nations, 26 June 1945 ● Crimea, 1992 (S/RES/779) ● Budapest Memorandum on Security Assurances, 5 December 1994 ● Territorial Integrity of Ukraine, 2014 (A/RES/68/262) Evaluation of Previous Attempts to Resolve the Issue All the previous attempts can be grouped into two categories: those involved with the UN, and those uninvolved with the UN. The UN has tried to host peace talks that have failed to prove themselves of any use. The project of sending UN peacekeepers to post Soviet states whose territorial integrity have been infringed on could not be extended due to Russia’s veto. The EU and member states of NATO have set sanctions on Russia after its illegal annexation of Crimea. However, the sanctions failed to limit Russia’s intervention of post Soviet states but only led to even more detrimental relationships between Russia and the West. Possible Solutions One of the reasons why many conflicts are left unresolved is due to lack of official definition of territorial integrity. Russia has been accused of violating territorial integrity, but many other countries have done so as well. Delegates should consider a way to ensure all nations share the same definition of territorial integrity and will abide to it. A possible solution could be a new international treaty that includes the official definition of territorial integrity and the entailment of punishments for those who violate the treaty. This will be a way to limit Russia’s interventions even with its veto right. Since other countries’ and organizations’ attempts to limit Russia’s violations of territorial integrity have all failed, another possible solution is for the International Court of Justice to rule each case for an official compromise between conflicting parties. This will force Russia to recompense for any violations of international law that have been proved. The ignition of Russia’s infringements on post Soviet states’ affairs is almost always a civil war led by an ethnic group that wants to become independent. Delegates should either think of ways to reduce the number of civil wars, or to evaluate again the division of borders, meaning member states must decide whether or not rebel groups should be recognized as independent states. Research Report | Page 12 of 14 Pacific American School Model United Nations 2016 | VII Annual Session Education on the post Soviet States is an often overlooked but imperative aspect to the solution, since ignorance is one of the leading reasons why the post-Soviet conflicts are left unattended. Education on the succession states of the Soviet Union can bring two main positive effects. One, since the post Soviet states are rich in oil and are relatively unknown to many people, they are an extremely easy prey to resource-thirsty nations. If the international community raises awareness about problems in this part of the world, tyrants will find it much more difficult to take advantage of these states. Second, the future generation must be aware of the existence of these nations in order to engage in trade or any form of communication with this part of the world. With more cooperation, cultural and monetary benefits can be lavished by both sides of the deal. 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