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Land for land: how Ukraine violated UN Charter with Kursk incursion, alarming message to Global South

Europe is getting dragged into the war in Ukraine, while EU and US officials endorse Ukraine’s incursion into the Kursk region. Kyiv’s actions violate the UN Charter and send an alarming signal to the global South about the double standard policy.

The incursion of the Armed Forces of Ukraine (AFU) into the Kursk region, Russia, was a daring gamble for the country’s military commanders, who deployed their limited resources on a risky offensive with no guaranteed success, AP News reported.

After initial signs of progress, Ukrainian President Volodymyr Zelensky broke the silence and outlined the interim results of Kyiv’s efforts. By Wednesday, Ukrainian officials claimed that the army allegedly controlled at least 74 minor settlements. However, a week after the Kursk invasion began, the overall purpose of the military operation remains unclear.

Military experts split in their opinions: some say that Ukraine will entrench itself in the positions it has already occupied, whereas others claim that the AFU will continue its active offensive without the intended end goal. However, the incursion has already affected the protracted standoff.

By attacking the Kursk region, Ukraine has reportedly brought in a lot of scarce equipment and manpower, resulting in weakened positions in other areas where active fighting is taking place. In the Pokrovsk and Toretsk directions, Russian troops are breaking through the defences of the AFU, according to Ukrainian media. The Russians are rushing towards Pokrovsk, a key strategic hub.

In Niu-York, formerly Novhorodske, Russia advanced by almost 1.5 kilometres. Fighting continues in Hrodivka, Zhuravka, and along the railway towards Novohrodivka and Mykolaivka, Donetsk region. To the south, in the Vuhledar area, Russian forces are also attacking, breaking through to the major O0532 road and menacing to take the city of Vuhledar.

UN Charter violated, talks derailed

Having launched the incursion into the Kursk region, Ukraine has in fact violated Article 2, paragraph 4, of the UN Charter, which prohibits the forceful border violation of other States.

All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

Previously, the Ukrainian authorities were actively accusing Russia of attacking the territory of another state, but now Kyiv is making the same move. Furthermore, President Zelensky derailed the possibility of negotiations in the near future, which Foreign Minister Dmytro Kuleba said Ukraine was ready for and which had been actively promoted by international mediators.

According to The Independent, Mykhailo Podolyak, the top aide to the Ukrainian president, stated that the invasion served as a tool to “coerce” Russia into peace talks.

We need to use absolutely clear tools to coerce Russia [into negotiation]. One of them is a military instrument of coercion. That is, we need to inflict significant tactical defeats on Russia, in addition to economic and diplomatic tools. In the Kursk region, we are seeing the optimisation of this military tool of coercion to force Russia into the negotiation process.

However, Russian President Vladimir Putin has already declared that the possibility of negotiations is lost after the incursion into the Kursk region.

The intrusion is moving into its second week, but the reaction of international observers is already raising questions. A senior US defence official revealed that Kyiv allegedly did not inform Washington of a long-term plan after the start of the incursion, according to Defense One.

We didn’t get any advanced notification. What the Ukrainians were able to do was operational security, and that is something that I think we should be giving credit for. It definitely surprised the Russians.

According to the official, the Pentagon is “asking the Ukrainians what their real intent is, kind of long term, and how it plays into future negotiations.” However, there has been no statement that Ukraine’s actions violate the UN Charter on international borders, nor has there been any condemnation.

The global community does not seem intent on imposing sanctions on Kyiv, whereas Moscow faces multiple packages of sanctions for exactly the same actions against Ukraine.

International response

During the UN Security Council meeting, the US and Japan refused to discuss the Ukrainian army’s attack on the Kursk Region. Recently, Tokyo has turned towards co-operation with Washington. Japanese officials also avoided mentioning the US at memorial ceremonies for the victims of Nagasaki and Hiroshima tragedies.

Meanwhile, top EU diplomat, High Representative of the Union for Foreign Affairs and Security Policy, Josep Borrell, reiterated on X social platform “the EU’s full support” for Kyiv’s military effort.

Discussed w/ @DmytroKuleba the last developments on the frontline & the Kursk counteroffensive. I reiterated the EU full support to the UA people’s fight.

Strangely enough, Europe is gradually being drawn into the Ukraine conflict, as European equipment is being actively deployed in the Kursk region battles. According to Le Point, the VAB (Véhicule de l’Avant Blindé) armoured personnel carrier, created in the 1970s and gradually withdrawn from the French army since 2019, is “getting a second life” in Ukraine. According to the source, Paris has supplied Kyiv with around 300 APCs since the outbreak of the war in 2022.

Sky News reported that Ukrainian troops had used British Challenger 2 tanks in Russia. Under government policy, the UK confirmed that Ukraine was free to operate British weapons on Russian territory. The source reported that this included Challenger 2 tanks and revealed that the vehicles were deployed during the Ukrainian incursion, which began on 6 August.

Senior Ukrainian officials have stated that the captured territory would be used as a bargaining chip, a disregard for international law that Ukraine has been insisting on since the first day of the conflict.

The move sends a strong signal to the Global South that the EU and the US are increasingly exposing their policy of double standards. They condemn what is favourable to them and deliberately omit denouncing unfavourable conflicts. In this respect, they resemble the International Criminal Court (ICC), which is accused of bias and prolonging specific cases.

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