Critique of Ukraine's statement on the legality of Russian "membership" of the UN

Compounded fundamental errors of law!

Here are my notes on the Statement of the MFA of Ukraine on the illegitimacy of the Russian Federation's presence in the UN Security Council and in the United Nations as a whole dated 26 December 2022.

Right click and open each image in a new tab, increase the image size to read it.

The factual and legal premise, that the Russian Federation is not a member of the United Nations and is basically a trespasser abusing a veto and platform it does not have, is completely correct.

The fundamental flaw is about what can be done.

Universally, I see “Russia is not in the UN”, followed by “It cannot be removed because removal needs the approval of the Security Council which Russia will veto”. And “It cannot be removed unless the UN is reformed”.

Can you see the flaw?

Russia does not need to be “removed”. You can’t remove something that is not there in the first place.

The Security Council is given limited power by Articles 4-6 of the United Nations Charter to perform specifically defined tasks in relation to memberships:

• Approve new applications,

• Suspend or remove members.

Outside this, it does not have general powers.

Enjoy. Feel free to ask any questions in the comments.

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Page 5: the solution:

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Fiddling while Ukraine burns

I am incredulous that this man, Ukraine’s UN Representative, the MAF and President seem happy to sacrifice destroyed cities, hundreds of thousands of their citizens’ deaths, millions of lives, and $billions of international funding and goodwill, while they discuss angels on the head of a pin for over 2 years.

Conclusion:

Legally and politically, Ukraine is making a dangerous if not fatal error in relying exclusively on favour from demonstrably capricious individual states, when those states could be legally assisting Ukraine to repel the invasion speedily and without risk of polarisation or reprisal, with the added assistance of multinational contributions, through the United Nations.

Simultaneously the Russian Federation would be immediately disempowered and discredited by the removal of it's illusory power, and ability to run a protection racket using a non-existent veto, as was complained of in the Statement of the MFA.  The Russian Federation's "friends" would be unlikely to continue to violate the Charter to assist it, without the quid pro quo of protection.

I believe that the publicity caused by tabling of the resolution recommended at the end of the attachment would make it politically impossible for states to vote in favour of continuing a violation of the UN Charter to empower a corrupt terrorist dictatorship; even if they wished to.

Moreover, once this abuse is exposed, and the UN comes out of cringe mode, it would become politically difficult for any other permanent members to abuse their vetos to stop the UN preventing aggression, which would be in violation of Article 24.2 of the UN Charter.

Even in the inconceivable event that the suggested resolution does not pass, nothing would be lost.  The situation cannot be worse than it is at present.

In my view it is of the utmost urgency that the violation of the UN Charter is ended and the rule of law restored, as the influence of the Russian Federation is growing.  Removing it's appearance of legitimacy is imperative.

But, look what happened when I tried to tell President Zelensky and MFA Kuleba about this: Deniably binned. By the Ukraine Ministry of Foreign Affairs.