UNGA Resolution on Russia-Ukraine (UPSC Current Affairs)

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Why in the news?

• India has abstained from voting at the United Nations General Assembly (UNGA) to condemn Russia's invasion of Ukraine.
• The resolution demanded that Russia withdraw its troops unconditionally.
• The General Assembly session was called after a similar resolution failed to pass the United Nations Security Council (UNSC) due to Russia's veto.

What are the key points?

• The resolution, which was co-sponsored by 96 countries, required to be supported by two-thirds of those present and voting in order to pass.
• It condemns Russia's special military operation over Ukraine on February 24, 2022.
• It declares that no territories acquired by force will be recognized and asks that Russia withdraw from Ukraine "immediately, completely, and unconditionally".

What is India's stance and what are its concerns?

• T. S. Tirumurti, India's Permanent Representative to the United Nations, stated that the "safe and uninterrupted passage" of Indian nationals, especially students, was India's "foremost priority."
  • India has also called it an "immediate ceasefire" and humanitarian access to the conflict areas.
  • India anticipated that the second round of talks between Russia and Ukraine would be positive.
• Russia's actions have put India in an uncomfortable place as it strives to balance its interests with both Russia and Western countries.
• Given its own experiences with China and Pakistan, India is also concerned about the implications of not condemning one country unilaterally attempting to change the borders it shares with another.
• India strongly urges all Member States to demonstrate their commitment to the principles of the UN Charter, international law, and respect for all states' sovereignty and territorial integrity.
• A number of countries in India's neighborhood supported the resolution, including Bhutan, Nepal, and the Maldives. Afghanistan, which is currently ruled by a militant organization (the Taliban), and Myanmar, which is currently administered by a military junta, also voted in favor of it.
• China, Pakistan, Bangladesh, and Sri Lanka like India abstained.

Are UN resolutions legally binding?

• Decisions and resolutions are formal expressions of the UN organizations’ opinions or will.
• If a resolution is considered binding on States, it is determined by its nature.
• Resolutions of the General Assembly are referred to as "recommendations" under Articles 10 and 14 of the UN Charter.
• The International Court of Justice has repeatedly emphasized the recommendatory nature of General Assembly resolutions.
• Some General Assembly resolutions, however, dealing with internal UN matters, such as budgetary decisions or instructions to lower-ranking organs, are clearly binding.
• In general, resolutions issued by the Security Council in accordance with Chapter VII of the Charter are considered binding, as stated in Article 25 of the Charter.
• They are, however, subject to the veto power of the UN Security Council's permanent members.