The role and place of international organizations in the settlement of armed conflicts in the southeast of Ukraine (legal aspects)

Authors

  • Ігор Володимирович Євтушенко

DOI:

https://doi.org/10.21564/2414-990x.131.55264

Keywords:

armed conflict, international organizations, the anti-terrorist operation, security forces

Abstract

Problem setting. Armed conflict in the Donetsk and Lugansk regions led to significant losses as personnel of military units and special law enforcement agencies of Ukraine and civilian casualties Ukraine.

Under these conditions, according to most politicians and political scientists to modern standards of international law crisis management in Ukraine is possible only through the mediation of international organizations. International organizations have a tool for early detection, warning and conflict prevention and crisis management and post-conflict rehabilitation, they are engaged in a wide range of security issues, including arms control, preventive diplomacy, confidence-building measures, human rights, monitoring elections, economic and environmental security and so on.

Recent research and publications analysis. In the literature of recent years certain issues affecting the regulatory and legal framework of international organizations in the field of security. However, scientific research towards the place and role of international organizations in resolving the internal armed conflict in research paid insufficient attention.

Paper objective. The article is to examine the nature of international security organizations, evaluating the effectiveness of their work to resolve the situation in the Donetsk and Lugansk regions and providing relevant proposals.

Paper main body. The primary place in the order of settlement of the armed conflict in the South East Ukraine has a key intergovernmental international organizations dealing with peace and security in the world – the United Nations (UN) and the Organization for Security and Cooperation in Europe (OSCE).

The new National Security Strategy of Ukraine of 05.06.2015 p. Indicated that the aggression of Russia against Ukraine increased the urgency of reforming the Security Council. As part of the UN General Assembly will focus the government of Ukraine will support such initiatives to reform the UN Security Council, which will provide an adequate response to its violations of international law, even if the offender is a permanent member of this body.

The main role in resolving the armed conflict currently owned OSCE. The feature is the presence of its field operations acting directly in some participating States, upon request and provide necessary assistance. Decisions in the OSCE adopt by consensus.

Currently, there is a problem in meeting the personal safety of observers. The forces of law and order are the following main objectives: personal safety SMM OSCE during their surveillance in the territory controlled by Ukraine; support the SMM OSCE in the demilitarized zone with the ability to provide shelter in special equipment and engineering facilities in the alleged attacks; property protection equipment and CMM OSCE in their locations of the territory controlled by Ukraine.

Conclusions of the research. The only security support among international organizations in the settlement of the armed conflict in the South East of Ukraine (except for economic sanctions against the "aggressor country") is an unarmed civilian OSCE SMM. OSCE needs serious reform, the creation of a new model of its operation, which takes into account the new situation in Europe, the dramatic changes the security environment, the emergence of new challenges and threats.

Areas for further scientific studies will be used to research legal and organizational-tactical bases of improvement of international organizations in resolving the armed conflict.

References

1. Death toll in eastern Ukraine crosses 6,000, Zeid says, as UN releases new report. Retrieved September 15, 2015, from http://www.un.org.ua/en/information-centre/news/1963 [in English].

2. Henshtab: na skhodi Ukrainy zahynuv 1541 vijs'kovyj [The General Staff, in eastern Ukraine killed in 1541 war]. Retrieved September 15, 2015, from http://www.radiosvoboda.org/content/article/ 26877443.html [in Ukraine].

3. Yedyni zvity pro kryminal'ni pravoporushennia za 2013, 2014 rr. ta I pivrichchia 2015 r. : Heneral'na prokuratura Ukrainy [The only reports of criminal offenses for 2013, 2014 and the first half of 2015: Prosecutor General of Ukraine]. Retrieved September 15, 2015, from http://www.gp.gov.ua/ua/stat.html [in Ukraine].

4. Spetsial'na monitorynhova misiia OBSYe v Ukraini [Special monitoring mission of the OSCE in Ukraine]. Retrieved September 15, 2015, from http://www.osce.org/uk/ukraine-smm [in Ukraine].

5. A.V. Yermolaiev, K.A. Kononenko, O.O. Reznikova ta in. OBSYe: suchasni vyklyky ta perspektyvy rozvytku [OSCE: Challenges and Prospects of Development]. Kyiv, Natsional'nyj instytut stratehichnykh doslidzhen', 2013, 52 p. [in Ukraine].

Published

2016-01-26

How to Cite

Євтушенко, І. В. (2016). The role and place of international organizations in the settlement of armed conflicts in the southeast of Ukraine (legal aspects). Problems of Legality, (131), 124–132. https://doi.org/10.21564/2414-990x.131.55264

Issue

Section

CRIMINAL LAW AND CRIMINOLOGY OPERATIVELY-SEARCH ACTIVITY