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RYAN-MUN Clubs

Presents

3 RIS-MUN
rd

Conference
Ryan Model United Nations Conference

United Nations
Human Rights Council
(UNHRC)

26th
27th
August
Contents of the
Background Guide

AGENDA: “Plight of refugees amidst the


Russia-Ukraine War with special emphasis on the
principle of non-refoulement”

01
Letter from the
07
Who are
All India refugees?
MUN Head

02
About the
08
Who are “internally
UNHRC displaced people”
and “asylum
seekers”?

03
Mandate of the
09
What is the
UNHRC principle of
non-refoulement?

04
Suggested
10
The Russia-
Pattern for Ukraine War
Researching

05
Proof/Evidence
11
Questions to
in the Council Consider

06
What are
human rights?

3rd RIS-MUN Conference

01
01 Letter from the
All India Mun Head

Greetings!
Respected Delegates, You will decidedly learn much being a part of
the MUN community which exists worldwide.
A warm welcome to all of you to this simulation Good governance, law, foreign policy, diplomacy,
of the United Nations Human Rights Council geopolitics, economic issues and much more is
at the 2022 edition of the Ryan International what you will learn about at these conferences.
School Model United Nations. Finally going Knowledge empowers and it would help you to
offline, we look forward to two days of excellent become vigilant and informed citizens of the
exchange of ideas and problem-solving during country and also global citizens valuing empathy
the conference. and helping others in distress.

All of you would be eagerly looking forward to The background guide helps you to start
arranging your conferences in your schools. Be your research. It gives you an idea about the
your best and have a good and grand conference functioning of the committee. Of course, you
at your branch so that you can proudly say that could add to what is already mentioned therein.
‘Ours was the best amongst those conducted all As diplomats, you would be courteous to your
over India.’ Learn continuously and enjoy every fellow delegates and members of the Executive
moment of the conference. Board. You identify the problems within the
agenda’s boundaries and find solutions to it
in accord and in harmony. Logical thinking,
We heartily thank Chairman knowledge of foreign policy and in-depth
research would decidedly help you to succeed.
Sir Dr. A.F. Pinto and Director
Once again I welcome you all to this edition
Madam Dr. Grace Pinto for of RIS-MUN and wish you all the best in your
their vision and initiation of endeavour. Hope to see many of you in Delhi this
November for INMUN.
the MUN at our branches.
Thank you for all your efforts.

Debjabi Bassu

3rd RIS-MUN Conference

02
02 About the
UNHRC

The UN Human Rights Council is a UN body tasked The Council has been granted a wide mandate to
with the responsibility of promoting universal respect justify the importance of the responsibility it has been
for human rights, essentially by addressing situations vested with. It works actively to ensure the fulfillment
where human rights are violated followed by positing of its duties and has been one of the most ardent
crucial recommendations to the UN member states. contributors towards world peace amongst United
Nations bodies.
The Council investigates allegations of breaches of
human rights in United Nations member states and In 2021 alone, the Council extended the mandates of
addresses thematic human rights issues like freedom 17 Special Procedures and investigative bodies and
of association and assembly, freedom of expression, created seven new mandates:
freedom of belief and religion, women’s rights, LGBT
rights and the rights of racial and ethnic minorities. • An accountability project on Sri Lanka
• A monitoring mission in Belarus
The Human Rights Council was established in 2006 • A Commission of Inquiry on the Occupied
following a resolution by the General Assembly, Palestinian Territory and Israel
at the same time when the UN closed the former • A Special Rapporteur for Afghanistan
Commission on Human Rights. • A racial justice body addressing systemic racism in
law enforcement around the globe
The Council is composed of 47 Member-States • A Special Rapporteur on climate change
elected from the UN General Assembly for staggered • An investigative body for Ethiopia
three-year terms, with a specified number of seats
going to each major geographic region. General Additional Links
Assembly Resolution 60/251 provides that Member
States should be elected considering “the contribution https://www.ohchr.org/en/hr-bodies/hrc/about-council
of candidates to the promotion and protection of
human rights”. Elected members are expected to https://www.ohchr.org/sites/default/files/Documents/
uphold the highest standards in the promotion and HRBodies/HRCouncil/AboutHRC.doc
protection of human rights, special rapporteurs, as
well as the working groups for different countries and
thematic human rights issues.

The UNHRC holds regular sessions three times a


year, in March, June, and September. The UNHRC
can decide at any time to hold a special session to
address human rights violations and emergencies, at
the request of one-third of the member states.

3rd RIS-MUN Conference

03
03 Mandate of the
UNHRC

The Council serves as a forum for dialogue among In addition, the Council receives complaints alleging
States with input from other stakeholders. As a result patterns of human rights violations which are
of its discussions, the Council may issue resolutions considered by the Working Group on Communications
calling on States to take specific actions or uphold and may be referred to the Working Group on
certain principles or it may create mechanisms to Situations. The Working Group on Situations reports
investigate or monitor questions of concern. substantiated claims of consistent patterns of gross
violations to the Council and makes recommendations
The Human Rights Council has created or renewed for action.
the mandates of various “special procedures.” The
special procedures are experts appointed to monitor The UNGA Resolution that established the UNHRC
human rights around priority themes or in specific (A/RES/60/251), adopted on 3 April 2006, lists the
countries with serious human rights problems. The exact powers of the UNHRC in detail. The first link
special procedures may be individual experts (“special below leads to that document.
rapporteurs” or “independent experts”) or working
groups. Additional Links

The Council also manages the Universal Periodic https://documents-dds-ny.un.org/doc/UNDOC/GEN/


Review, a process through which each UN Member N05/502/66/PDF/N0550266.pdf?OpenElement
State’s overall human rights record is reviewed.

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04
04 Suggested Pattern
for Researching

The most efficient way to go about researching is to To understand your Foreign Policy, understand the
start with the basics first: understanding the United ideology and principles adopted by the country on
Nations and the committee/council which is being the agenda. It further includes studying past actions
simulated. Start with revising the purposes and taken by the country on the agenda and other related
principles of the United Nations and reading through issues – specifically analysing their causes and
the most important articles and clauses of the UN consequences. Taking a look at your alliances will
Charter. also be very useful. See if your country is closer to
the western world (USA, UK, France, EU, NATO) or
Move onto reading about your council/committee if it leans towards the eastern countries like China
which is the UNHRC in our case. Read about its and Russia. This will give you the required direction
background, its establishment, its purpose, its to pick a side. On most issues, both these sides
workings and its mechanisms, and most importantly: are in constant opposition and deciding which side
its mandate, all of which can be dug up with a simple to choose, lets you know what your country will be
Google search. The mandate is supremely important; expected to speak in favour of and against. Going
it tells you what the objectives & functions of the against this can cost you points in the committee.
committee are, and most importantly, it tells you what
it can and cannot do. Make sure you go through the Background Guide
carefully. Research further upon the agenda using the
Do keep in mind that the clauses in your resolutions links given in the guide and from other sources such
and the content of your speeches geared towards as academic papers, institutional reports, national
solutions stand invalid if they do not correspond to the reports, news articles, etc. Understand policies
mandate, so it is very important to make sure you are adopted by different blocs of countries (example:
thorough with it. NATO, EU etc.) and major countries involved in the
agenda.
Once the background work about the committee
has been done, start with historical work done Finally, prepare a list of possible solutions and
on the agenda. Watch YouTube videos, dig up actions the UNHRC can adopt on the issue as per
documentaries and read articles and web pages. your country policies, and even better: keep properly
Understand the entire issue as a whole and then formatted operative clauses ready beforehand.
break it down into small segments and sub-topics. Remember, for Points of Order, you are often asked
The Background Guide will help you decide what sub- to prove your statement. Make sure you read the next
topics are important and need to be focused on thus section to understand what can qualify as valid proof.
providing you with a hinting at the Moderated Caucus
topics that might be taken up. This might sound like a lot of work, but the results you
will achieve will always be proportional to the effort
Create arguments and 60-90 second statements for that you put in, and ultimately, the purpose of MUNs
each sub-topic making sure you have enough content is to learn and this is the most efficient way of going
that do not run out of things to say. Make sure the about it from what we have experienced.
arguments and speeches you make correspond to
your allotted country. Understand its polity, economy,
military, culture, history, bilateral relations with other
countries, ideological position on various other
relevant issues related to the agenda, etc.

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05
05 Proof/Evidence
in the Council

1. News Sources: 3. UN Reports: All UN Reports are considered are


credible information or evidence.
a. REUTERS – Any Reuters’ article which clearly
makes mention of the fact stated or is in contradiction a. UN Bodies like the UNSC (http://www.un.org/Docs/
of the fact being stated by another delegate in sc/) or UNGA (http://www.un.org/en/ga/).
Council can be used to substantiate arguments in the
committee. (http://www.reuters.com/) b. UN Affiliated bodies like the International Atomic
Energy Agency (http://www.iaea.org/), World Bank
b. State-Operated News Agencies – These reports (http://www.worldbank.org/), International Monetary
can be used in support of or against the State that Fund (http://www.imf.org/external/index.htm), ICRC
owns the news agency. These reports, if credible (http://www.icrc.org/eng/index.jsp)
or substantial enough, can be used in support of or
against any country as such but in that situation, they c. Treaty Based Bodies like the International Criminal
can be denied by any other country in the Council. Court (http://www.icc-cpi.int/Menustances/ICC)
Some examples are,
4. Under no circumstances will sources like
I. RIA Novosti (Russia) http://en.rian.ru/ Wikipedia (http://www.wikipedia.org/), Amnesty
II. IRNA (Iran) http://www.irna.ir/ENIndex.htm International (http://www.amnesty.org/), Times of India
III. Xinhua News Agency and CCTV (P.R. China) (http://timesofindia.indiatimes.com/) be accepted in the
http://cctvnews.cntv.cn/ Agency.

2. Government Reports: These reports can be


used in a similar way as the state operated news
agencies reports and can, in all circumstances, be
denied by another country. However, a nuance is that
a report that is being denied by a certain country can
still be accepted by the Executive Board as credible
information. Some examples are,

a. Government Websites like the-


State Department of the United States of America -
http://www.state.gov/index.htm
Ministry of Defence of the Russian Federation
http://www.eng.mil.ru/en/index.htm

b. Multilateral Organizations like the-


NATO (http://www.nato.int/cps/en/atolive/index.htm),
OPEC (http://www.opec.org/opec_web/en/)

3rd RIS-MUN Conference

06
06 Introduction to
the Agenda

Plight of refugees amidst the Russia-Ukraine With reports of grave human rights violations, the war
War with special emphasis on the principle of has left the country ravaged and its people broken.
non-refoulement
What are human rights?
The war between Russia and Ukraine has shaken
the world and the tremors are felt across continents. Understanding the crisis and the role that the HRC can
None bear the brunt of the effects more than the play in easing it, begins with a basic understanding
people who are displaced from their homeland. The of human rights. They are universal rights inherent in
history of the war and the events that led up to it us, regardless of nationality, sex, ethnic origin, color,
go way back but it is formally accepted that the war religion, language, or any other status. They range
began in 2014 following the Ukrainian Revolution of from the most fundamental - the right to life - to those
Dignity. that make life worth living, such as the rights to food,
education, work, health, and liberty.
It was initially focused on the status of Crimea and
the Donbas, internationally recognised as part of The Universal Declaration of Human Rights (UDHR),
Ukraine. The first eight years of the conflict included adopted by the UN General Assembly in 1948, was
the Russian annexation of Crimea (2014) and the the first legal document to state that fundamental
war in Donbas (2014–present) between Ukraine human rights were to be universally protected.
and Russian-backed separatists. It also included The UDHR continues to be the foundation of all
naval incidents, cyber warfare, and political tensions. international human rights law. Its 30 articles provide
Following a Russian military build-up on the Russia– the principles and building blocks of current and future
Ukraine border from late 2021, the conflict expanded human rights conventions, treaties and other legal
significantly when Russia launched a full-scale instruments.
invasion of Ukraine on 24th February 2022.
The UDHR, together with the two covenants - the
This has caused a severe refugee crisis in Ukraine. International Covenant for Civil and Political Rights
More than 9.1 million refugees have left Ukraine and the International Covenant for Economic, Social
since the invasion started, while an estimated 8 and Cultural Rights - make up the International Bill
million people had been displaced within the country. of Rights.
Approximately one-quarter of the country’s total
population had left their homes in Ukraine. 90% of Human rights are inalienable and cannot be taken
Ukrainian refugees are women and children, largely away, except in specific situations and according to
because Ukrainian men are banned from leaving the due process of law. For example, the right to liberty
country. By 24th March, more than half of all children may be restricted if a person is found guilty of a crime
in Ukraine had left their homes, of whom a quarter had by a court of law.
left the country.
Studying these documents or the major principles they
The invasion has caused Europe’s largest refugee highlight, will be greatly helpful for building up a basic
crisis since World War II and its aftermath is the first idea about the purpose behind the creation of the
of it’s kind in Europe since the Yugoslav Wars in UNHRC. More information can be found at the
the 1990s. It is the largest refugee crisis of the 21st link below.
century, with the highest refugee flight rate globally. https://www.ohchr.org/en/what-are-human-rights

3rd RIS-MUN Conference

07
07 Who are refugees?

The definition of a refugee is given in the 1951 In recent years, there has been a massive increase
Refugee Convention. According to Article 1(A)(2) of in the number of refugees who leave their country
the 1951 Convention, the term refugee applies to any due to civil wars, ethnic and communal conflicts or
person who, as a result of events occurring before 1st natural disasters. In such cases, only a few people
January 1951 and owing to well-founded fear of being are actually able to prove a “well-founded fear of
persecuted for reasons of race, religion, nationality, persecution”, as per the demands of the Convention. It
membership of a particular social group or political does not cover a mass of people and focuses only on
opinion, is outside the country of his nationality and the individual. There is no proper requirement given as
is unable or, owing to such fear, is unwilling to avail to how to decide on the same which is why countries
himself of the protection of that country; or who, not take case by case assessments which prove to be
having a nationality and being outside the country an extremely laborious task when there are millions
of his former habitual residence as a result of such of people in groups seeking refuge. Countries decide
events, is unable or, owing to such fear, is unwilling to create their own set of rules for what is considered
to return to it. However, this definition consisted of as persecution and what is not, thus adding on to the
a geographic limitation as it recognized a person as subjectivity and ambiguity of the term persecution.
refugee only in relation to events that occurred in
Europe before 1st January 1951. To overcome this Another issue is that according to this definition, a
limitation the 1967 Addition Protocol Relating to the person becomes refugee only after he/she has left
Status of Refugees was adopted. his/her country of origin. Thus, an individual who
has to cross an international border or is crossing an
Problems with the definition international border is still not considered a refugee
and doesn’t have the right to be protected while
It is both outdated and ambiguous. undertaking risky journeys to cross international
borders.
The first problem with this definition is the lack of the
definition of the term persecution used in the definition. One more aspect of this issue is the fact that it is not
There is no definition of this term which increases binding on any state to provide the status of refugee
the ambiguity surrounding it. The only definition who has fled due to fears of persecution. The state
of persecution is given in the 1979 Handbook and is not bound to provide refugee status to individuals,
Guidelines on Procedures and Criteria for Determining only the states which have ratified the Convention are
Refugee Status published by the UNHCR. The bound by it and even then, it isn’t legally binding. This
definition of persecution according to this handbook allows states to refuse the status of refugee to people
is - Any threat to life or freedom, whose existence and since those people are not technically given the
must be assessed on the basis of both objective and status of refugee the principle of non-refoulement
subjective criteria. This definition is extremely broad doesn’t apply to them.
and thus it is difficult to implement, and the Handbook
published by the UNHCR is not a legally binding The delegates will be expected to address this
agreement thus making this definition non-binding. definitional problem and try and work towards a
solution that can deal with the issues outlined above,
both in the short-term and in the long-term.

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08
08 Who are IDPs (Internally Displaced
People) and Asylum Seekers?

Refugees and internally displaced people are different Why is the distinction important?
terms used for people who have been displaced Refugee status entitles individuals to certain rights
from their homes and create a distinction between an and international protection while being an IDP is
individual who has left the country where they are in not a legal status because IDPs are still under the
fear of persecution and an individual who is displaced jurisdiction of their own government and may not
inside their own country due to the same fears but claim any rights additional to those shared by their
has not crossed the international border to move into compatriots.
another country.
When people cross an international border to find
Internally displaced people (IDPs) have not crossed a safety during a crisis, they come under the protection
border to find safety. Unlike refugees, they are on the of the UNHCR. That means they are able to access
run at home. IDPs stay within their own country and funding and resources of the UN. This gives them
remain under the protection of its government, even if access to camps built to provide shelter, and with food.
that government is the reason for their displacement. Schools are set up for young children and programs
They often move to areas where it is difficult for us to are established to help process trauma. Most of all,
deliver humanitarian aid and as a result, these people the legal benefits that come with the proven status of a
are among the most vulnerable in the world. At the refugee is extremely important in itself. IDPs enjoy no
end of 2020, some 53.2 million people were internally such benefits and are often left to their own devices,
displaced due to armed conflict, generalized violence stranded in their own war-torn countries without any
or human rights violations, according to Internal hope for aid or relief.
Displacement Monitoring Centre (IDMC).
People forced to flee or leave their homes –
Some 7 million people have been displaced particularly in situations of armed conflict – are
internally within Ukraine and some 13 million people generally subject to heightened vulnerability in
are estimated to be stranded in affected areas or a number of areas. Displaced persons suffer
unable to leave due to heightened security risks, significantly higher rates of mortality than the
destruction of bridges and roads, as well as lack of general population. They also remain at high risk of
resources or information on where to find safety and physical attack, sexual assault and abduction and
accommodation. are frequently deprived of adequate shelter, food and
health services.
Attacks on civilian populated areas and civilian
infrastructure continue in eastern and southern parts The overwhelming majority of internally displaced
of Ukraine, endangering people’s lives and access to persons are women and children who are especially
basic services. In addition to new displacements and at risk of abuse of their basic rights. More often than
secondary movements, return to places of habitual refugees, the internally displaced tend to remain close
residence where the military hostilities have ceased to or become trapped in zones of conflict, caught in
have been observed. the cross-fire and at risk of being used as pawns,
targets or human shields by the belligerents.

3rd RIS-MUN Conference

09
08
Who are IDPs (Internally Displaced
People) and Asylum Seekers?

Delegates should read up on how support and aid to seek asylum. Every individual who is considered
can be provided to IDPs and whether it is even legally a refugee was an asylum-seeker at one point, and
possible to do so without infringing on concerns of was only considered a refugee in proper legal terms
state authority. Further research will provide more when their request for an asylum was recognized and
insight. granted.

Who are Asylum-Seekers? Asylum seekers often face challenges similar to IDPs
due to their lack of the legal refugee status. Owing
An asylum-seeker is a person who has left his/her to the nature of the process of granting asylum and
country and is seeking protection from persecution recognizing refugees and the time that it takes, often
and serious human rights violations in another country those who do actually fit the requirements of being a
but who hasn’t yet been legally recognized as a refugee aren’t able to avail the benefits and aid that
refugee and is waiting to receive a decision on their comes with the status and are left hanging in a legal
asylum claim. limbo. Delegates would be expected to find a solution
to this problem as well.
Seeking asylum is a human right. This means
everyone should be allowed to enter another country

09 What is the Principle


of Non-Refoulement?

Non-refoulement is a concept which prohibits States treatment or punishment and to liberty and security of
from returning a refugee or asylum seeker to territories person. These and other rights are threatened when a
where there is a risk to his/her life or the individual’s refugee is returned to persecution or danger.
freedom would be threatened on account of race,
religion, nationality, membership of a particular Non-refoulement has been defined in a number of
social group or political opinion. The principle of international refugee instruments, both at the universal
non-refoulement is the cornerstone of asylum and of and regional levels. At the universal level, the most
international refugee law. important provision in this respect is Article 33 (1)
of the 1951 Convention relating to the Status of
Following from the right to seek and to enjoy in other Refugees, which states that: “No Contracting State
countries asylum from persecution, as set forth in shall expel or return (‘refouler’) a refugee in any
Article 14 of the Universal Declaration of Human manner whatsoever to the frontiers of territories where
Rights, this principle reflects the commitment of the his life or freedom would be threatened on account
international community to ensure to all persons the of his race, religion, nationality, membership of a
enjoyment of human rights, including the rights to life, particular social group or political opinion.”
to freedom from torture or cruel, inhuman or degrading

3rd RIS-MUN Conference

10
09 What is the Principle
of Non-Refoulement?

Also at the universal level, mention should be made of decision before an independent and impartial body.
Article 3 (1) of the UN Declaration on Territorial Asylum Given the seriousness of the danger at stake, returns
unanimously adopted by the General Assembly in must be suspended pending a decision. Importantly,
1967 [res. 2312 (XXII)]. “No person referred to in these safeguards need to apply in all cases, including
Article 1, paragraph 1, shall be subjected to measures where a State purports to return people to an allegedly
such as rejection at the frontier or, if he has already safe country or has obtained diplomatic assurances
entered the territory in which he seeks asylum, for the treatment of the person.
expulsion or compulsory return to any State where he
may be subjected to persecution.” As States, particularly in the industrialised world,
intensify and coordinate their efforts to curb irregular
Since the purpose of the principle of non-refoulement immigration, there is concern that the legal and
is to ensure that refugees are protected against administrative measures adopted, including measures
forcible return to situations of danger it applies both to expedite asylum procedures and to shift the
within a State’s territory and to rejection at its borders. responsibility for considering asylum requests to other
It also applies outside the territory of States. In countries, may have the unintended result of placing
essence, it is applicable wherever States act. It has refugees in situations that could ultimately lead to
been argued that the principle of non-refoulement refoulement to their country of origin or other territories
is not binding on a State outside its own national where their life or freedom would be threatened. When
territory, so that a government may return refugees it comes to the establishment and implementation of
directly to persecution provided they have not yet national procedures for the determination of refugee
reached or crossed its borders. This claim is clearly status, measures are therefore required to ensure that
inconsistent with the purpose, and is contrary to the respect for the principle of non-refoulement remains
spirit, of the 1951 Convention and its 1967 Protocol, the guiding principle and ultimate objective of any
as well as of international refugee law generally. refugee protection regime.

In order to ensure that a person is not returned to a The main question to be answered then is how
place where he or she would be in danger of violations to develop, implement and overlook the essential
of certain fundamental rights, essential procedural procedural safeguards to ensure that the principle of
safeguards are required. Under international and non-refoulement is not violated. What is the scope of
regional human rights law, persons with an arguable the principle? How can the UNHRC contribute towards
claim that they would be returned in violation of the ensuring compliance with the principle? These are the
non-refoulement principle have the right to an effective key questions that must be answered.
remedy. This would at least require that the individual
needs to be informed of the transfer or return decision
in a timely manner and be able to challenge the

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11
10 The Russia-Ukraine War

A brief background In November 2013, a wave of large, pro-European


Union (EU) protests erupted in response to a sudden
Historically, Russia and Ukraine were both integral decision made by Viktor Yanukovych, the then Prime
parts of the Soviet Union. After the dissolution of the Minister of Ukraine, to not sign the EU–Ukraine
Soviet Union (USSR) in 1991, Ukraine and Russia Association Agreement, instead choosing closer ties
maintained close ties. In 1994, Ukraine agreed to to Russia and the Eurasian Economic Union. The
accede to the Treaty on the Non-Proliferation of Ukrainian parliament had overwhelmingly approved of
Nuclear Weapons as a non-nuclear-weapon state. finalizing the agreement with the EU and Russia had
Former Soviet nuclear weapons in Ukraine were put pressure on Ukraine to reject it.
removed and dismantled. In return, Russia, the
United Kingdom (UK), and the United States (US) Following months of protests as part of the
agreed to uphold the territorial integrity and political Euromaidan movement, on 21st February 2014
independence of Ukraine through the Budapest Yanukovych and the leaders of the parliamentary
Memorandum on Security Assurances. opposition signed a settlement agreement that called
for early elections. The following day,Yanukovych fled
In 1999, Russia was one of the signatories of the from the capital ahead of an impeachment vote that
Charter for European Security, which “reaffirmed the stripped him of his powers as President.
inherent right of each and every participating State to
be free to choose or change its security arrangements, On 23rd February, the parliament adopted a bill to
including treaties of alliance, as they evolve.” In the repeal the 2012 law which gave Russian language an
years after the dissolution of the USSR however, official status. The bill was not enacted. However, the
several former Eastern Bloc countries joined NATO, proposal provoked negative reactions in the Russian-
partly in response to regional security threats involving speaking regions of Ukraine, intensified by Russian
Russia such as the 1993 Russian constitutional media saying that the ethnic Russian population was
crisis, the War in Abkhazia (1992–1993) and the in imminent danger.
First Chechen War (1994–1996). Russian leaders
described this expansion as a violation of Western On 27th February, an interim government was
powers’ informal assurances that NATO would not established and early presidential elections were
expand eastward. scheduled. The following day,Yanukovych resurfaced
in Russia and in a press conference declared that
At the 2008 Bucharest summit, Ukraine and Georgia he remained the acting president of Ukraine, just as
sought to join NATO. The response among NATO Russia was beginning its overt military campaign in
members was divided; Western European countries Crimea. Leaders of Russian-speaking eastern regions
opposed offering Membership Action Plans (MAP) in of Ukraine declared continuing loyalty to Yanukovych
order to avoid antagonizing Russia while US President causing the 2014 pro-Russian unrest in Ukraine.
George W. Bush pushed for their admission. NATO The Russian campaign for Crimea had already
ultimately refused to offer Ukraine and Georgia MAPs started. On 20th February 2014 Russia began the
but also issued a statement agreeing that “these annexation of Crimea. On 22nd and 23rd February,
countries will become members of NATO”. Putin Russian troops and special forces began moving
voiced strong opposition to Georgia and Ukraine’s into Crimea through Novorossiysk. On 27th February
NATO membership bids. Russian forces without insignias began their advance
into the Crimean Peninsula. They took strategic
positions and captured the Crimean Parliament raising

3rd RIS-MUN Conference

12
10 The Russia-Ukraine War

the Russian flag. Security checkpoints isolated the In early December 2021, following Russian denials,
Crimean Peninsula from the rest of Ukraine and the US released intelligence of Russian invasion
restricted movement within the territory. plans including satellite photographs showing
Russian troops and equipment near the border. The
In the following days, Russian soldiers secured key intelligence reported a Russian list of key sites and
airports and a communications center. Russian cyber individuals to be killed or neutralized.The US release
attacks shut down websites associated with the multiple reports that accurately predicted the invasion
Ukrainian government, news media, and social media. plans.
Cyber attacks also enabled Russian access to the
mobile phones of Ukrainian officials and members of In the months preceding the invasion, Russian officials
parliament, further disrupting communications. accused Ukraine of inciting tensions, Russophobia,
and repressing Russian speakers. They made multiple
On 1st March, the Russian legislature approved the security demands of Ukraine, NATO and other EU
use of armed forces leading to an influx of Russian countries. On 9th December 2021 Putin said that
troops and military hardware into the peninsula. In “Russophobia is a first step towards genocide”. Putin’s
the following days, all remaining Ukrainian military claims were dismissed by the international community
bases and installations were surrounded and besieged and Russian claims of genocide were rejected as
including the Southern Naval Base. After Russia baseless.
formally annexed the peninsula on 18th March,
Ukrainian military bases and ships were stormed by In a 21st February speech, Putin questioned the
Russian forces. On 24th March, Ukraine ordered legitimacy of the Ukrainian state, repeating claim that
troops to withdraw.By 30th March all Ukrainian forces “Ukraine never had a tradition of genuine statehood”.
had left the peninsula. He stated that Vladimir Lenin had created Ukraine, by
carving a separate Soviet Republic out of what Putin
On 15th April, the Ukrainian parliament declared said was Russian land, that Joseph Stalin extended
Crimea a territory temporarily occupied by Russia. Ukrainian territory with lands from other eastern
After the annexation, the Russian government European countries following the Second World War
increased its military presence in the region and made and that Nikita Khrushchev unjustly took Crimea away
nuclear threats. Russia has maintained an iron grip on from Russia and gave it to Ukraine in 1954.
Crimea ever since calling it Russian territory. Multiple
other clashes have been occurring since in Donetsk Putin has also claimed that Ukrainian society and
and Luhansk with Russia backing separatists from the government are dominated by neo-Nazism, invoking
side-lines. the history of collaboration in German-occupied
Ukraine during World War I, and echoing an anti-
The Russian Side and the Recent Conflicts semitic conspiracy theory that cast Russian Christians,
From March to April 2021, Russia commenced a rather than Jews, as the true victims of Nazi Germany.
major military build-up near the border followed by a
second build-up between October 2021 to February
2022 in Russia and Belarus. Throughout, the Russian
government repeatedly denied it had plans to attack
Ukraine.

3rd RIS-MUN Conference

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10 The Russia-Ukraine War

During the second build-up, Russia issued demands Russian attacks were launched on a northern front
to the US and NATO, insisting on a legally binding from Belarus towards Kyiv, a northeastern front
arrangement preventing Ukraine from ever joining towards Kharkiv, a southern front from Crimea, and
NATO and the removal of multinational forces a southeastern front from the cities of Luhansk and
stationed in NATO’s Eastern European member Donetsk. During March, Ukraine stopped the Russian
states. Russia threatened an unspecified military advance towards Kyiv. Amidst heavy losses and
response if NATO continued to follow an “aggressive strong resistance, Russian troops retreated from Kyiv
line”. These demands were rejected by the US and Oblast by 3rd April.
NATO.
On 19th April, Russia launched a renewed attack
The escalation across a 500 kilometers long front extending from
On 21st February at 22:35 (UTC+3), Putin announced Kharkiv to Donetsk and Luhansk. By 13th May, a
that the Russian government would diplomatically Ukraine counter-offensive had driven back Russian
recognize the Donetsk and Luhansk people’s forces near Kharkiv. By 20th May, Mariupol fell to
republics. The same evening, Putin directed that Russian troops following a prolonged siege of the
Russian troops deploy into Donbas in what Russia Azovstal steel works.
referred to as a “peacekeeping mission”. On 22nd
February, the Federation Council unanimously The invasion was internationally condemned as a war
authorised Putin to use military force outside Russia. of aggression. A United Nations General Assembly
resolution demanded a full withdrawal of Russian
In response, Ukraine requested an urgent UN Security forces, the International Court of Justice ordered
Council meeting which convened at 21:30 (UTC−5) Russia to suspend military operations and the Council
on February 23. Half an hour into the emergency of Europe expelled Russia. Many countries imposed
meeting, Putin announced the start of military new sanctions, which affected the economies of
operations in Ukraine. Sergiy Kyslytsya, the Ukrainian Russia and the world and provided humanitarian and
representative, subsequently called on the Russian military aid to Ukraine.
representative, Vasily Nebenzya, to “do everything
possible to stop the war” or relinquish his position The war has been accompanied by serious violations
as president of the UN Security Council. Nebenzya of human rights. From 2014 to 2021, there were more
refused. than 3,000 civilian casualties. The right of movement
was impeded for the inhabitants of the conflict zone.
The war and the humanitarian situation Arbitrary detention was practiced by both sides in the
The 2022 Russian invasion of Ukraine began on the first years of the conflict. It decreased after 2016 in
morning of 24th February when Putin announced government-held areas while in the separatist-held
a “special military operation” to “demilitarise and ones it continued.
denazify” Ukraine. Minutes later, missiles and
airstrikes hit across Ukraine, including Kyiv, shortly A report based on findings by the UN Human Rights
followed by a large ground invasion along multiple Monitoring Mission in Ukraine (HRMMU) which covers
fronts. Zelenskyy declared martial law and a general the period from 24th February until 15th May 2022,
mobilisation of all male Ukrainian citizens between 18 shows a grave deterioration of the human rights
and 60, who were banned from leaving the country. situation in the country with thousands of civilians
killed and injured, massive destruction to civilian
infrastructure and housing, arbitrary detention and

3rd RIS-MUN Conference

14
10 The Russia-Ukraine War

enforced disappearance, torture and ill-treatment and


conflict-related sexual violence.

The report documents that many of the means


and methods of warfare have been in breach of
international humanitarian law (IHL) rules governing
the conduct of hostilities. In particular, the principles
of distinction, proportionality and precaution, which
are aimed at avoiding, or at the very least, minimizing
civilian casualties and damage to civilian objects,
were not respected in numerous instances by Russian
armed forces and on a lower scale by Ukrainian
armed forces.

The report documents unlawful killings, including


summary executions of civilians that occurred in
more than 30 settlements in Kyiv, Chernihiv, Kharkiv
and Sumy regions that were committed by Russian
armed forces while they controlled these areas in
late February and March. As of 15th May, HRMMU
had received information about more than 300 such
killings. This figure may increase as new evidence
becomes available. In Bucha alone, HRMMU
documented that at least 50 civilians were killed by
Russian armed forces while it was under their control.
Cases of torture and ill-treatment of civilians are also
highlighted in the report.

It is these aspects the delegates must focus on. The


mandate and the purpose of the UNHRC should be
kept in mind while making arguments and points. The
primary concern shouldn’t be of the legality of the war
or the validity of the Russian claims. The UNHRC
only concerns itself with solutions on how to avert the
humanitarian crisis and help the innocent individuals
who face the worst effects of the war.

3rd RIS-MUN Conference

15
11 Questions To Consider

1) How can the definitional problem related to refugees Additional Links


be dealt with? How should persecution be defined? Can
the definition be made legally binding? https://www.aljazeera.com/news/2022/7/13/russia-
ukraine-war-list-of-key-events-day-140
2) Can states be legally bound to provide the refugee
status to individuals? https://edition.cnn.com/europe/live-news/russia-ukraine-
war-news-07-13-22/index.html
3) How can Ukrainian IDPs and asylum seekers be
provided with aid and relief? How can the benefits of a https://www.csis.org/analysis/russias-war-ukraine-identi-
refugee status be delivered to them? ty-history-and-conflict

4) What can be done to make the process of granting https://reliefweb.int/report/ukraine/new-report-un-human-


asylum to seekers faster and more efficient? rights-shows-shocking-toll-war-ukraine-enruuk

5) What is the scope of the principle of non-refoulement? https://www.hrw.org/news/2022/04/03/ukraine-apparent-


In what situations and to what extent can it apply? Can war-crimes-russia-controlled-areas
it be invoked in cases of rejection at the borders of the https://data.unhcr.org/en/situations/ukraine
state?

6) How can the necessary procedural safeguards be


developed in nations that receive Ukrainian refugees?
How will such safeguards be designed and implemented?
What can the UNHRC do to hasten this process?

7) What can be done to reduce the number of human


rights violations occurring in Ukraine? Is it possible for the
UNHRC to find ways to ease the ongoing humanitarian
crisis?

8) How can compliance with international humanitarian


law (IHL) be ensured, given the current status of the
war? Can the principles of distinction, proportionality and
precaution still be observed? What can be done to ensure
that they are?

3rd RIS-MUN Conference

16

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