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9546th Meeting (AM)
SC/15588

Two Years after Russian Federation’s Invasion, UN Remains Committed to Ukraine’s Sovereignty, Independence, Assistant Secretary-General Tells Security Council

Two years since the Russian Federation invaded Ukraine, the United Nations will remain fully committed to the latter’s sovereignty, independence, and territorial integrity, its senior official told the Security Council today, as Moscow and Kyiv traded accusations of violating the 2014 and 2015 Minsk agreements aimed at ending the conflict in Donbas.

“The approaching anniversary of the invasion is not only an occasion to recount the horrors of the past two years, but also a reminder that the armed conflict in Ukraine did not begin on 24 February 2022, but has been ongoing in the country’s east since 2014,” said Miroslav Jenča, Assistant Secretary-General for Europe, Central Asia and Americas, Departments of Political and Peacebuilding Affairs and Peace Operations, in his briefing to the 15-nation body.

He stated that although the UN was not a party to the Minsk agreements, it has expressed full support to all involved in their diplomatic efforts and to the full implementation of the accords and related measures in line with Council resolution 2202 (2015) and the presidential statement of 6 June 2018.

Noting “the escalatory trajectory of this war with intensifying attacks on civilians, and acts that could further diminish the prospects for a just and lasting solution,” he stressed that “peace agreements alone will not end violence”.  Peace processes must address the root causes of the conflict and include full, equal participation of women and youth and civil society voices, he added.

Steve Sweeney, political activist and journalist, speaking from the city of Donetsk, testified how Western weapons launched from Ukraine devastated communities in this region.  People live without hot water, with water only supplied on certain days and constant electricity blackouts because Ukraine targets the city’s infrastructure, power stations and water supply — all of which constitute war crimes, he said.

“The people describe living here as ‘Donetsk Roulette’, not knowing if they will live or die,” he said, comparing the situation to “a potential genocide, the same that you are failing to stop in Gaza”.

In the ensuing discussion, the Russian Federation’s representative blamed Ukraine for refusing to engage directly with Donbas in the Trilateral Contact Group, stating that Kyiv also twisted the agreements in every possible way.  Western countries have never acknowledged Kyiv’s sabotage of the Minsk agreements, he said, condemning all attempts to shift responsibility to his country.

In response, Ukraine’s delegate said that “today’s meeting ‑ called by the Russian Federation to discuss the agreements it effectively killed ‑ is one more example of total waste of time and resources”.  Instead, Moscow should start implementing the International Court of Justice’s order on provisional measures delivered on 16 March 2022, which demanded immediate suspension of its military operations in Ukraine.

Western Council members rejected Moscow’s claim that had the Minsk agreements been implemented by Ukraine, the tragedy that is taking place there today would not have happened.

“No matter how hard Russia tries, it cannot obscure the simple fact,” said the representative of the United States, stating that it is the Kremlin that ignored all commitments it made as a signatory of the Minsk agreements in 2014.

The representative of France said that his country and Germany — as part of the Normandy Format — made tireless efforts between 2015 and 2022 to allow Moscow and Kyiv to find common ground to implement the agreements.  But the Russian Federation on 21 February 2022 unilaterally recognized the independence of the self-proclaimed republics of Donetsk and Luhansk, nullifying the Minsk accords, and invading Ukraine three days later.

China’s delegate condemned double standards and military cliques that are deliberately creating tensions.  “NATO [North Atlantic Treaty Organization] should awaken itself from its infatuation with war,” he said.

The speaker for Mozambique called for the revival of the Minsk agreements in letter and spirit, insisting that their provisions, such as the call for an immediate ceasefire and monitoring of that ceasefire, as well as political reforms, are still pertinent.

THREATS TO INTERNATIONAL PEACE AND SECURITY

Briefings

MIROSLAV JENČA, Assistant Secretary-General for Europe, Central Asia and Americas, Departments of Political and Peacebuilding Affairs and Peace Operations, noted that this month marks two years since the Russian Federation’s full-scale invasion of Ukraine, launched in blatant violation of the Charter of the United Nations and international law.  “The approaching anniversary of the invasion is not only an occasion to recount the horrors of the past two years, but also a reminder that the armed conflict in Ukraine did not begin on 24 February 2022, but has been ongoing in the country’s east since 2014,” he said.  The UN will remain fully committed to Ukraine’s sovereignty, independence, and territorial integrity.

Today’s meeting is also a reminder that over the years, numerous efforts have been made to resolve the situation by diplomatic means, he said. Unfortunately, they did not result in a lasting solution, nor stop the Russian Federation from launching a full-scale armed attack on its neighbour.  The UN was not formally part of any mechanism related to the peace process in Ukraine, such as the Normandy Format, nor was it invited to be a participant in the various negotiations in Minsk, nor to the 2014 and 2015 agreements.  Neither was the UN involved in the implementation efforts led by the Organization for Security and Co-operation in Europe (OSCE) in the Trilateral Contact Group, he said, referring those directly involved to reflect on the details of these processes and the implementation of the related agreements.

Over the years, the UN has expressed full support to all involved in their diplomatic efforts and to the full implementation of the Minsk agreements and related measures in line with Security Council resolution 2202 (2015) and the presidential statement of 6 June 2018.  The OSCE Special Monitoring Mission played a crucial role in providing information about ceasefire violations to maintain dialogue, reduce tensions and prevent escalation.  The hard work and dedication of the more than 1,000 monitors and the Mission’s leadership deserve to be recognized and commended.  In line with Chapter VIII of its Charter, the UN extended its support to OSCE, including by providing its expertise to the Mission on specific matters, including women, peace and security, and ceasefire monitoring.

He noted that last week, the UN Under-Secretary-General for Political and Peacebuilding once again raised alarm about the increasing civilian casualties and the deteriorating humanitarian situation in Ukraine.  He also regretted the lack of prospects for peace.  “Indeed, we remain concerned about the escalatory trajectory of this war with intensifying attacks on civilians, and acts that could further diminish the prospects for a just and lasting solution,” he said, adding that “peace agreements alone will not end violence”.   Peace processes must address the root causes of the conflict and include full, equal participation of women and youth and civil society voices.  “What we need for Ukraine, for the region and the world, is a just, lasting and comprehensive peace, in line with the UN Charter, international law, and the resolutions of the General Assembly,” he said, reiterating calls to support de-escalation and encourage diplomatic efforts to this end.

STEVE SWEENEY, political activist and journalist, speaking from the city of Donetsk, said:  “In the background, I can hear the familiar sounds of artillery fire, the blasts from the heroic air defences working to keep the people safe, the blasts from incoming — often Western-supplied — missiles, alerts from the menace of drones that strike fear into the residents here.”  The conflict did not start in February 2022 for the people of Donbas, he said, pointing to the consequence of the Minsk agreements’ failure, with homes, hospitals and infrastructure destroyed and thousands dead. A few weeks ago, Ukrainian forces fired Western weapons into a busy marketplace in the Kievsky district of Donetsk city, killing 27 people.  “The first thing I saw was a babushka sliced in half, her legs nowhere to be seen. […] I heard the screams as relatives found their loved ones.  Walking through the scene, I saw a hand, a foot, a leg … a face torn off.  The stench of death, a community in shock.”

“The dead don’t have a voice, but the living do,” he continued, adding that “they are not afraid of Russia — who they see as protecting them from a potential genocide, the same that you are failing to stop in Gaza.”  Calling such attacks “deliberate acts of terror, designed for maximum casualties” and “Western-sponsored war crimes”, he underscored that the supplied arms are not used against the Russian Armed Forces as a marketplace is not a military base.  The impact on children cannot be overstated:  230 were killed and 846 wounded since the conflict began.  “The children of Donetsk are having [their] hopes and dreams shattered, their dreams stolen by NATO [North Atlantic Treaty Organization], by the West, and by the failures of the UN Security Council,” he asserted.

Drones are now also more of a menace — 97 shot down over Donetsk city and Makiivka in just three days, he stressed.  Many are supplied through crowdsourcing platforms such as Fundrazr, which — despite being alerted to the fact that they are used against civilians — continue to facilitate the purchase of “the killer drones”.   Much of the community in Donetsk lives without hot water, with water only supplied on certain days and constant electricity blackouts because Ukraine targets the city’s infrastructure, power stations and water supply — all of which constitute war crimes.  The marketplace massacre is an act of terror, one of many that stretch back for a decade, unreported and carried out with impunity.  “The people describe living here as ‘Donetsk Roulette’, not knowing if they will live or die,” he said, noting that every supplied weapon takes them a step further away from peace in a conflict that “Ukraine simply cannot win”.

Statements

The representative of the Russian Federation, reaffirming the importance of the Package of Measures for the Implementation of the Minsk Agreements, noted that it is an integral part of Council resolution 2202 (2015).  It set out a clear sequence of 13 reconciliation-oriented steps to be taken by the parties, including ceasefire, withdrawal of weapons, monitoring by the OSCE and initiation of dialogue between Kyiv and Donbas.  Only two of these have been implemented, and that only conditionally — the work of the Trilateral Contact Group in Minsk and the OSCE Special Monitoring Mission, he said.  From the beginning, the Ukrainian side took a course of complete refusal to engage directly with Donbas in the Trilateral Contact Group, he said, adding that Kyiv also twisted the agreements in every possible way and insisted on border control.  Western colleagues have never acknowledged Kyiv’s sabotage of the Minsk agreements, he said, condemning all attempts to shift responsibility to his country.

Outlining the events that preceded the signing of the document, he said:  “the people in Donbas wanted very little — to live peacefully on their own land, to have local self-government, to speak the Russian language, to teach it to their children” — but the Ukrainian Government responded to calls for dialogue with violence and blood.  Noting statements by various Ukrainian leaders making no secret that the country does not intend to implement the Minsk agreements, he said had it been implemented, the tragedy that is taking place in Ukraine today would not have happened.  It was only after all possible measures of political and diplomatic settlement had been exhausted did the Russian Federation launch a special operation to protect the people in the Donetsk People’s Republic and Luhansk People’s Republic from extermination.  Also condemning the Council for its failures, he pointed to the International Court of Justice ruling that neither the Donetsk nor the Luhansk People’s Republics are terrorist organizations.

The representative of the United States rejected the Russian Federation’s statement as an attempt to spread myths and disinformation and rewrite history.  The deaths Moscow is lamenting are direct consequences of its flagrant violation of the UN Charter after it invaded a sovereign nation.  The so-called separatist movement in Ukraine was trained by the Russian Federation as a proxy force to undermine Ukraine’s stability. “But no matter how hard Russia tries, it cannot obscure the simple fact,” he said, stating that it is the Kremlin that ignored all commitments it made as a signatory of the Minsk agreements in 2014.

He stressed that Ukraine is simply defending its people, its territorial integrity, and its freedom in line with Article 51 of the UN Charter. The Russian Federation invaded Ukraine’s Crimean Peninsula and eastern Ukraine, funding proxy forces to establish an artificial pretext to prevent Ukrainians from exercising their right to self-determination.  Moscow reaffirmed at the Normandy Format Summit in 2019 that all three Minsk agreements remain the basis for the peace process.  But it methodically obstructed the OSCE Special Monitoring Mission and then launched a full-scale invasion of a sovereign nation.  The United States has supported the efforts of the Normandy Format and its Trilateral Contact Group and called for the full implementation of the Minsk agreements by all sides, he emphasized.

The representative of Ecuador, emphasizing the need to settle disputes by peaceful means, rejected the use of force against any State’s territorial integrity or political independence.  Despite Council resolution 2202 (2015) endorsing the Minsk agreements as the cornerstone for addressing the complex situation in eastern Ukraine, the clashes continued, illustrating a persistent division in the interpretation of the agreements’ terms.  Moscow’s invasion of Ukraine in February 2022 buried the agreements, which until then had represented a hope for peace and stability in the region, he observed, noting that the possibility of mutual understanding and return to the negotiating table has been “seriously compromised”.  Urging all parties to resume the spirit of cooperation and dialogue that characterized the signing of the Minsk accords, he stressed that the invasion of Ukraine must end.

The representative of China, underscoring the need to take into account the legitimate security concerns of all countries, said the new Minsk agreement, negotiated nine years ago was unanimously endorsed as a fundamental political document for the settlement of the issue in eastern Ukraine. However, most of its provisions are yet to be implemented, he said, expressing concern about the large-scale conflict that erupted thereafter.  Calling on concerned parties to strengthen contacts, resume negotiations and gradually build consensus with a view to realizing a ceasefire, he said certain countries should immediately stop adding fuel to fire and refrain from undermining diplomatic efforts.  “Security rights are indivisible from security obligations,” he stressed, condemning double standards and military cliques that are deliberately creating tensions.  “NATO should awaken itself from its infatuation with war,” he said.

The representative of Malta said that the Russian Federation continues to pursue its tactic of distracting the international community with a narrative not reflecting reality.  He noted that on 17 February 2022, the Russian Federation, in its role as Council President, confirmed the package of measures to implement the Minsk agreements as the only international legal basis for settling the conflict in Ukraine.  But after the start of its full-scale invasion, Moscow organized sham referendums meant to justify its illegal annexation of the Donetsk, Kherson, Luhansk, and Zaporizhzhia regions — all of which were declared unlawful by the General Assembly.  The Minsk agreements offered a chance for dialogue, but the Russian Federation’s aggression against a sovereign State has undermined the prospect of resolving differences through diplomacy.  Noting the staggering destruction and suffering, particularly for the communities near active conflict zones in eastern and southern Ukraine, he said:  “Malta will continue to underline the imperative need to prevent further human suffering and loss of life.”

The representative of Algeria cited the unanimously adopted resolution 2202 (2015) as “the culmination of hard work that prioritized first and foremost preventive diplomacy”.  It was supposed to become a historic milestone and the perfect example of the virtues of negotiation and dialogue, bringing hope for a shiny, better future, with an immediate ceasefire.  “All of this has unfortunately not evolved into a success story,” he said, adding that, instead of celebrating its success, the death toll is getting continuously higher, the humanitarian situation more dire, and the targeting of civilian population and infrastructure more recurrent.  And above all, no perspective of a comprehensive and inclusive dialogue between the parties is in sight.  “This is a sad reality, but it shouldn’t be a fatality,” he stressed, calling for the intensification of diplomatic efforts for a just and lasting peace.

The representative of Japan said that “whatever claim Russia may make about the Minsk agreements, Russia’s aggression against Ukraine can never be justified”.  That is a blatant violation of the Charter, and the overwhelming majority of the General Assembly has already made its stance clear.  Even as the Council’s valuable time and resources are being expended, the Russian Federation’s attacks on Ukraine continue, resulting in a catastrophic humanitarian situation.  Expressing respect for the people of Ukraine who are defending themselves, their independence and territorial integrity, she said it is vital to ensure that justice is served, war crimes are accounted for, and lasting peace is brought to Ukraine.  Japan will continue to make concerted efforts towards that and will stand by Ukraine for as long as it takes, she said.

The representative of the United Kingdom warned that the Russian Federation seeks to use the Council in a desperate effort to justify its unprovoked, unnecessary and illegal invasion of Ukraine.  The Russian Ambassador claimed today that President Vladimir Putin’s war was necessary to prevent conflict and alleviate suffering in the Donbas, insisting that it was Kyiv and its partners who were responsible for undermining the Minsk agreements.  Council members know better.  “It was Russia’s aggression that killed the Minsk process,” he stressed, recalling that Putin had declared that the Minsk agreements no longer existed.  For nearly two years, the United Kingdom urged Moscow to act in the interests of peace and give the Minsk agreements a chance. “This war is entirely of Russia’s choosing,” he said, urging Moscow once again to end its illegal invasion, withdraw from Ukraine and respect the principles of the UN Charter.  Until then, the United Kingdom will continue to stand with Ukraine, to defend the Charter and to call out Russian disinformation.

The representative of Slovenia said that, due to Moscow’s invasion, “we will never know if the (Minsk) agreements had a chance for success”.  She stressed the need to identify their soft spots to secure a just peace for Ukraine in the future.  With its direct involvement in the conflict in eastern Ukraine, the Russian Federation violated the Budapest Memorandum, as well as the provisions of the Helsinki Final Act on the inviolability of borders in Europe.  Moreover, the country launched its full-scale invasion against Ukraine, ultimately putting an end to the Minsk agreements.  Accordingly, it will have to be Ukraine that decides when and how it wants to hold discussions aimed at a peace agreement, she underscored, adding that the terms of a future ceasefire will need to be much more specific.  “It was the abstract nature and the ambiguity of the text of the Minsk agreements that enabled arbitrary interpretations [and] an alibi for violations,” she pointed out.

The representative of Mozambique said the series of Minsk agreements that aimed to bring peace to Ukraine through negotiated steps were a recognition of the important role of diplomacy.  Expressing regret that the implementation of the agreements encountered setback, he said they should be revived in letter and spirit.  Noting that February marks the second year of open hostilities between Ukraine and the Russian Federation, as well as the ninth year since the adoption of Council resolution 2202 (2015), he said the time is right for concerned parties to engage in increased dialogue. Acknowledging the need to reflect on the lessons from the complex negotiations that led to the accords, he said that though they did not achieve the intended outcome, they highlighted the conviction that the solution to this situation in Ukraine could only be achieved through peaceful settlement.  The agreement’s elements, such as the call for an immediate ceasefire and monitoring of that ceasefire, as well as political reforms, are still pertinent, he said, adding that it is critical to pursue negotiations.

The representative of France said the Russian Federation has chosen to scrap the Minsk process by force, unilaterally recognizing on 21 February 2022 the independence of the self-proclaimed republics of Donetsk and Luhansk, nullifying the Minsk accords, and invading Ukraine three days later.  France and Germany were heavily invested in the Normandy Format discussions.  Between 2015 and 2022, the two countries made tireless efforts to allow Moscow and Kyiv to find common ground to implement the agreements, he said, stressing that the Kremlin bears a major responsibility for failing this negotiation process.  “It is high time for Russia to stop the pretences, realize the impasse represented by the use of force in Ukraine and listen to the calls made to it,” he said, referring to the 16 March 2022 International Court of Justice ruling ordering the Russian Federation to immediately suspend its military operations, and the General Assembly’s numerous related resolutions.

The representative of Sierra Leone said that if the Minsk agreement’s objectives had been achieved, the terrible loss of life, destruction of civilian infrastructure and the dire humanitarian situation in Ukraine would have been averted.  It is thus important to understand the reasons for their failure and learn valuable lessons to ensure lasting peace.  Noting the seeming disagreements over the interpretation of the accords led to a lack of trust by both parties, ultimately triggering an escalation of the conflict, he underscored the need to draw upon the accords’ valuable lessons for future peacebuilding efforts, addressing the conflict’s root causes.  Further, the involved parties must engage directly to address critical issues without prejudice and lay the foundation for lasting peace.  “We therefore urge the parties to the conflict, as well as the involved parties, to take meaningful steps towards the immediate cessation of the hostilities and engage constructively in good faith to find a political and diplomatic solution as envisaged in Article 33 of the UN Charter,” he said.

The representative of Switzerland said the Minsk agreements had the potential to break the spiral of military escalation and conflict in eastern Ukraine.  Though the Russian Federation was a signatory to those accords, Moscow brutally put an end to it two years ago by launching its military aggression against Ukraine.  Condemning this blatant disregard for the principles of the United Nations and the OSCE, he said his country will continue to support Ukraine and is engaged in ensuring that the relevant OSCE structures are adequately resourced. Describing that organization “as the eyes and ears of the international community” on the ground, he said the Minsk agreements made dialogue possible.  For years, the OSCE and Minsk agreements have contributed to de-escalation and delivery of humanitarian aid to affected populations.  Calling for efforts to achieve a comprehensive peace in Ukraine, he said international organizations such as the OSCE are also crucial for establishing facts, which is necessary for accountability.

The representative of the Republic of Korea said that the Minsk agreements completely collapsed when the Russian Federation illegally invaded Ukraine in February 2022, creating untold human suffering in Ukraine over the past two years.  As a country that has signed numerous inter-Korean agreements for peace and security on the Korean Peninsula, the Republic of Korea recognizes the critical importance of implementing them to the letter and spirit.  Breaching such an agreement by force jeopardizes the fundamental basis for resolving the conflict and poses threats to international peace and security.  Noting herculean efforts made to save the Minsk agreements, including the OSCE’s ceasefire monitoring and verification mechanism, and the Normandy Format, which lasted until the Russian Federation invaded Ukraine, he urged Moscow to immediately withdraw its military forces from Ukraine.

The representative of Guyana, Council President for February, spoke in her national capacity to highlight that the Minsk agreements were intended to offer a path for peace.  The accords’ inclusion of the critical elements of a ceasefire, withdrawal of heavy weapons, the provision of humanitarian assistance and exchanges of prisoners of war would undoubtedly have prevented the tragedy in Ukraine. While some efforts were made towards their implementation, she noted that many elements were instead violated. Despite their failed implementation, the international community cannot become resigned to the suffering of the millions who continue to live under constant bombardment, face an unimaginable humanitarian crisis and have been displaced both within their homeland and across borders.  “There are those who will point to the non-implementation as a failure of diplomacy and will question the utility of dialogue under the threat of international armed conflict,” she observed, urging that this type of dangerous cynicism be avoided.

Taking the floor a second time, the representative of the Russian Federation condemned the awkward attempts of Western countries to not notice inconvenient facts even when they are quite evident.  Responding to the United Kingdom’s delegate’s references to the provisional measures ordered by the International Court of Justice, he said they became irrelevant in connection with the procedural decision taken by the Court on 2 February 2024.  Further, the Court’s final decision did not grant any of Ukraine’s claims and did not confirm any of the accusations against his country.  Everything that Kyiv did in 2014 in unleashing a war against his country under the guise of combating terrorism had absolutely no legal justification, he stressed.  “Your Kyiv clients have already lost this trial,” he said, adding that Kyiv now has to prove that it did not commit genocide in Donbas.

The representative of Ukraine said that “today’s meeting ‑ called by the Russian Federation to discuss the agreements it effectively killed ‑ is one more example of total waste of time and resources”.  He recalled that in a judgment issued on 31 January 2024, the International Court of Justice found that the Russian Federation had violated international law in three separate aspects:  the 1999 International Convention for the Suppression of the Financing of Terrorism and the 1969 International Convention on the Elimination of Racial Discrimination, as well as the Court’s Order on provisional measures of 19 April 2017.  Mr. Putin’s envoy claimed that the Court “rejected to call Russia an aggressor State”.  This statement is false as Ukraine did not ask the Court to rule on the issue of Moscow’s aggression.  Mr. Putin’s envoy also asserted that the Court “declined to put responsibility on Russia for downing MH17 or the involvement of the Donetsk People’s Republic in it”.  This grossly misrepresents the Court’s findings as it did not examine Ukraine’s claim.

Quoting paragraphs 397-398 of the same judgment, he stated that “the Court concludes that the Russian Federation violated the obligation under the Order to refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve”.  Unsurprisingly, Moscow pretends that the Order doesn’t exist. The Court also issued a judgment on 2 February 2024, meaning that Ukraine’s case against the Russian Federation under the 1948 Genocide Convention is moving forward and Moscow’s use of force against Ukraine remains an element of this case.  The Court’s order on provisional measures, delivered on 16 March 2022, demands that the Russian Federation immediately suspend its military operations.  It remains valid and binding for the Kremlin, he said, urging that country to start implementing the Court’s provisional measures.

The representative of Germany recalled that — within the framework of the Normandy Format — France and her country met on numerous occasions to reach a peaceful solution.  The resulting Minsk agreements initially contributed to significantly reducing the level of violence unleashed by the Russian Federation and envisaged a political solution based on Ukraine’s constitutional order.  However, after initial positive developments, Moscow began to disrupt the process and ignore the agreements through administrative measures, notably by issuing Russian passports and organizing elections to the Duma in the occupied territories in 2021.  It also continuously violated the ceasefire.  Nevertheless, until its invasion of Ukraine in February 2022, discussions on the implementation of the agreements were carried out in good faith by Ukraine, France and Germany.  Noting Ukraine’s right to self-defence, she echoed the precautionary measures issued by the International Court of Justice in March 2022, imposing on the Russian Federation the obligation to immediately suspend its so-called special military operation.

The representative of the Russian Federation, took the floor for the third time, dismissing the Kyiv regime’s “pseudo-legal interpretations” of the International Court of Justice ruling, and said his delegation will shortly transmit a letter providing an accurate interpretation of the decisions and rulings of the Court.

For information media. Not an official record.