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“Russia is a judge in its own case, it is unrealistic to legally exclude it from the Security Council” – Gleb Bogush

December 15, 2022
in Daily News
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A resolution has been submitted to the US Congress calling on President Joe Biden to remove Russia from the United Nations (UN) Security Council to weaken Moscow's influence, Foreign Policy reported . Gleb Bogush, an expert on international criminal law, told The Insider that this issue is being raised because of Russia's actions, but it is unrealistic to legally exclude it from the Security Council. According to him, the Security Council has lost the ability to make decisions on major issues in the field of peace and security.

“The UN Security Council is a very important body that, among other international institutions, can make decisions binding on states. As a result of Russia's actions, the Security Council cannot make decisions on significant and fundamental issues. An emergency session of the General Assembly is currently underway, which is convened when the Security Council is inoperative. The peculiarity of Russian behavior is that the Russian Federation uses its veto, paralyzing the Security Council, in situations in which it is itself involved. That is, Russia is not only a judge in its own case, but also prevents the adoption of any decisions.

Russia's behavior is certainly destructive for the entire organization, so it is understandable why this question is being raised. Another thing is that today there are no legal possibilities to exclude Russia from the Security Council. It is impossible to exclude a member of the Security Council from it. At the same time, in accordance with the Charter of the United Nations, its member may be expelled from the UNPO. Theoretically, this is possible, but practically unrealizable, because it requires the decision of the Security Council.

The General Assembly should exclude a member of the organization on the recommendation of the UN Security Council, which is also excluded in this case. I would not say that such a decision would be made, even if the issue were discussed with the General Assembly. It is one thing to condemn Russia for obvious violations of international law, and another to decide to expel it from the organization. The question can indeed be raised, but within the framework of the current UN Charter, this scenario seems unrealistic to me.”

Due to the outbreak of war in Ukraine, Russia was excluded from several international organizations. On February 25, on the second day of the invasion, its membership in the Council of Europe was suspended, and already on March 16, the Russian Federation was excluded from it and the European Convention on Human Rights. Also, the UN General Assembly suspended Russia's participation in the UN Human Rights Council against the backdrop of the genocide of civilians in Bucha. 93 countries voted in favor of the resolution on the exclusion of Russia, 24 voted against, among them China, North Korea, Iran and the republics of Central Asia. Abstained – 58, including India and Brazil. On April 27, the General Assembly suspended Russia's membership in the UN World Tourism Organization.

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