Issue 2 (12), 2018 OSCE RUSSIA CONFLICT SECURITY SECURITY CONFLICT ITALY AGGRESSION INTERESTS UKRAINE TREATIES AGGRESSION POLITICAL CRISIS MEMORANDUM TERRITORIAL INTEGRITY PRINCIPLES OBLIGATIONS HELSINKI INTEREST MEMORANDUM UKRAINE PRINCIPLES OSCE TREATIES BUDAPEST EXPECTATIONS TREATIES SOVEREIGNTY UA: Ukraine Analytica · 2 (12), 2018 AGREEMENT • INTERNATIONAL LAW • HELSINKI PRINCIPLES • STATE SOVEREIGNITY 1 BOARD OF ADVISERS Dr. Dimitar Bechev (Bulgaria, Director of the European Policy Institute) Issue 2 (12), 2018 Dr. Iulian Chifu Analysis and Early Warning Center) (Romania, Director of the Conflict Helsinki Principles Amb., Dr. Sergiy Korsunsky (Ukraine, Director of the Diplomatic Academy under the Ministry of Foreign Affairs of Ukraine) Editors Dr. Igor Koval (Ukraine, Rector of Odessa National Dr. Hanna Shelest University by I.I. Mechnikov) Dr. Mykola Kapitonenko Amb., Dr. Sergey Minasyan (Armenia, Ambassador Extraordinary and Plenipotentiary of Armenia to Romania) Publisher: Published by NGO “Promotion of Intercultural (Germany, Director of the Cooperation” (Ukraine), Centre of International Marcel Rothig Representation of the Friedrich Ebert Foundation in Ukraine) of the Representation of the Friedrich Ebert Studies (Ukraine), with the financial support Foundation in Ukraine, and the Black Sea Trust. James Nixey (United Kingdom, Head of the Russia and Eurasia Programme at Chatham House, the UA: Ukraine Analytica Royal Institute of International Affairs) analytical journal in English on International is the first Ukrainian Relations, Politics and Economics. The journal Dr. Róbert Ondrejcsák (Slovakia, State Secretary, is aimed for experts, diplomats, academics, Ministry of Defence) students interested in the international relations and Ukraine in particular. Amb., Dr. Oleg Shamshur (Ukraine, Ambassador Extraordinary and Plenipotentiary of Ukraine to Contacts: France) website: http://ukraine-analytica.org/ e-mail: [email protected] Dr. Stephan De Spiegeleire (The Netherlands, Facebook: https://www.facebook.com/ Director Defence Transformation at The Hague ukraineanalytica Center for Strategic Studies) Twitter: https://twitter.com/UA_Analytica Ivanna Klympush-Tsintsadze (Ukraine, Vice- The views and opinions expressed in Prime Minister on European and Euroatlantic articles are those of the authors and do not Integration of Ukraine) Analytica, its editors, Board of Advisors or Dr. Dimitris Triantaphyllou (Greece, Director of necessarily reflect the position of UA: Ukraine donors. the Center for International and European Studies, Kadir Has University (Turkey)) ISSN 2518-7481 500 copies Dr. Asle Toje (Norway, Research Director at the Norwegian Nobel Institute) UA: Ukraine Analytica · 2 (12), 2018 1 TABLE OF CONTENTS LASTING SECURITY IS NOT FOR “GENTLEMEN’S AGREEMENTS” 3 Interview with Amb. Ihor Prokopchuk, Permanent Representative of Ukraine to the International Organizations in Vienna THE HELSINKI WORLD ORDER: WHAT’S LEFT? 6 Mykola Kapitonenko THE SPIRIT OF HELSINKI IN THE XXI CENTURY 13 Kira Spyrydonova LITIGATING WAR: UKRAINE’S QUEST FOR JUSTICE AT THE “WORLD COURT” 20 Mykola Gnatovskyy RUSSIA’S AGGRESSION AGAIST UKRAINE AS A DESTABILIZING FACTOR FOR NON-PROLIFERATION REGIMES 27 Ihor Lossovskyi POLICY VERSUS POLITICS WITHIN ITALY’S OSCE CHAIRMANSHIP IN 2018 38 Victoria Vdovychenko 2 UA: Ukraine Analytica · 2 (12), 2018 LASTING SECURITY IS NOT FOR “GENTLEMEN’S AGREEMENTS” Interview with Amb. Ihor Prokopchuk Permanent Representative of Ukraine to the International Organizations in Vienna How strong or how weak are using all available instruments and international institutions today? mechanisms to force it to return to the International agreements and tenets of international law. This is where obligations – are they just a international organizations and their toolbox gentlemen’s agreement? history and the interests of long-term peace It has often been maintained that andcan playstability their demand significant to makerole. The sure lessons that the of international institutions are as strong as rule of force does not substitute the force of their member states wish them to be or allow rule. Lasting security is not for “gentlemen’s them to be. The number of international agreements” and big power politics in the bodies and their participants is constantly logic of the 19th century, which has brought so much tragedy and hardship to Europe in a modern world undergo regular change. before. growing; their mandates, role, and influence ways to increase effectiveness in addressing theTo retainmost relevancepressing it challengesis necessary onto findthe international institutions respective agenda. The OSCE, for example, are as strong as their which has its activities rooted in the norms «member states wish them and principles of the Helsinki Final Act of to be or allow them to be 1975 and the Paris Charter of 1990, has been confronted in the last four years with the worst security crisis and erosion of trust blatant violation of the core OSCE principles Ukraine’s consistent position is that we need and commitmentsconfidence. The by crisis the Russian stemmed Federation, from the to preserve the rules-based order in Europe including those relating to the respect and to strongly and collectively resist for sovereignty, territorial integrity, and Russia’s attempts to shatter it. inviolability of frontiers, non-use of force, and non-intervention in internal affairs. For the What are the OSCE’s strengths and weaknesses in maintaining security witnessed an attempted annexation of a part in Europe? offirst a territorytime since of the a country Second Worldby a neighbouring War, Europe country with the use of force. The OSCE is the largest regional security arrangement under Chapter VIII of the While this armed aggression has challenged UN Charter. The list of participating states the European security order, it remains comprises 57 countries with the overall essential for the international community population of more than a billion people. to stay united and bring Russia to account, The OSCE brings together countries located UA: Ukraine Analytica · 2 (12), 2018 3 in North America, Europe, and Central Asia, as well as 11 countries – partners for co- operation – from Asia and the Mediterranean. Withfield presencesits budget due of moreto its thansize and100 difficultmillion This large geographic outreach provides EURoperational and personnel environment of nearly in the 1,200 conflict mission area. unique opportunities to promote security members, the SMM remains a unique tool for and seek common responses to the most gathering information on the situation with urgent, multifaceted, and interconnected security, human rights, and fundamental security challenges. freedoms throughout Ukraine, most suffering from daily military activities of the Russianprominently armed in formations.the conflict area in Donbas We will need to continue to aim at effective multilateralism, «strengthening the respective and Human Rights (ODIHR), Representative mechanisms and instruments onThe FreedomOSCE Office of forthe Democratic Media (RFOM), Institutions and of international organizations, High Commissioner on National Minorities which enable the translation of (HCNM) – these OSCE executive structures the international community’s are doing an important job in their respective commitment to the rules-based security order into collective and effective often requested in contentious situations. deterrence of an aggressor state fields. Their expert opinion or assistance is The OSCE’s greatest weakness, which at the same time is considered by many as its A vehicle for promoting collective security strength, is a consensus-based decision- extensive normative acquis starting from the slow down the adoption of decisions Helsinkiand a strength Final Actof the and OSCE including is definitely the Paris the necessarymaking process. for the Not smooth only does operation it significantly of the Charter for New Europe. Importantly, the Organization and its executive structures, participating states have recognized that the like the adoption of annual budget, but it agreed norms establish clear standards of also limits the ability of the Organization to behaviour of the states towards their people and towards each other. This strength rests situations. When the core OSCE principles on the OSCE’s comprehensive approach timely react to emerging crises or conflict to security, which relates the respect for as it happens with Russia’s ongoing human rights and fundamental freedoms aggressionand commitments against areUkraine, flagrantly the OSCEbreached has to the maintenance of peace and security no other tools of bringing the violator to and, therefore, places a large focus in the account, seeking compliance with agreed OSCE activities on its human dimension rules and correction of violations, except and interaction with civil society and non- by politico-diplomatic pressure in the governmental organizations. dialogue formats. Field operations and missions are a valuable Should Ukraine put more emphasis asset of the OSCE, enabling presence on on international organizations in the ground, facilitating resolution of crises enhancing its security? How can the OSCE contribute to resolving strengthening democratic processes and the conflict in the East of Ukraine institutionsand conflicts, in theas respectivewell as contributing host countries. to and restoring Ukraine’s territorial The OSCE Special Monitoring Mission (SMM) to Ukraine stands out among other