THE Malaysian Bar is gravely concerned and saddened by the ongoing conflict in Ukraine. Russia’s unprovoked invasion of Ukraine has reportedly resulted in more than 1,000 civilian deaths as at March 3. The effect of the consequential humanitarian crisis transcends the borders of Ukraine as people flee into neighbouring countries. The United Nations High Commissioner for Refugees has estimated as many as four million people may become refugees in the coming weeks and months.
The Malaysian Bar unequivocally condemns Russia’s actions, which demonstrate a blatant disregard for the Charter of the United Nations and fundamental principles of public international law, as well as international humanitarian law.
We note that the Malaysian government has voted in favour of the United Nations General Assembly resolution condemning Russia’s actions. The resolution established that it “deplores in the strongest terms the aggression by the Russian Federation against Ukraine”, and demanded that “the Russian Federation immediately cease its use of force against Ukraine”, and “immediately, completely and unconditionally withdraw all of its military forces from the territory of Ukraine”.
We urge the Malaysian government to take further action to denounce these acts that run afoul of a modern society that abides by the rule of law.
Appreciating that one of the key pillars of the doctrine of the rule of law is accountability, the Malaysian Bar also voices its support of the decision of the Prosecutor of the International Criminal Court to commence investigations into possible war crimes, crimes against humanity, and genocide, in light of the events unfolding in Ukraine.
Malaysia has already suffered once before at the hands of state-sponsored terrorism, in the downing of Malaysia Airlines flight MH17 in July 2014. We must do all we can to end such violence against innocent parties.
The Malaysian Bar therefore urges the UN and the international community to urgently take firm and realistic steps to bring an end to this crisis. All parties should turn to discussion and dialogue and not resort to unjustified attacks.
It is abundantly clear that there is no place for such violent aggression and bloodshed in the 21st century. While the events in Ukraine have garnered international attention, we should not forget that there are many other countries or places in the world that are plagued by ongoing struggles and conflicts – including Afghanistan, Central African Republic, Iraq, Palestine, Syria and Yemen, just to name a few.
The UN needs to play an active role in safeguarding international peace and security, and this is done by helping parties in conflict make peace; by protecting civilians; and by restoring the rule of law.
In these dire times we send our thoughts and prayers to the people of Ukraine who are bravely defending their country. There have been many civilian casualties, and one death is already one too many.
The hostilities must end now, and we urge for diplomacy and an immediate end to the violence. Countries with military might must immediately realise that, as Winston Churchill once said: “Where there is great power there is great responsibility.”
AG KALIDAS , President Malaysian Bar
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