ISBA Assembly Adopts Statement Regarding Ukraine

At its meeting on Friday, December 9, 2022, the ISBA Assembly formally adopted the following statement, which was originally drafted and adopted by the ISBA International and Immigration Law Section Council:

Lawyers, more so than other professionals, have a duty to support and defend the rule of law. With that duty comes the responsibility to identify actions and or persons who threaten to violate and or violate the rule of law, regardless of locale.

Therefore, the Illinois State Bar Association (ISBA) denounces Vladimir Putin and his regime for their actions against Ukraine, the Ukrainian people, and the Russian people. Those actions did not commence in February of this year nor March of 2014. Vladimir Putin and his regime violated and continue to violate each attribute that defines basic principles of decency.

Further, Vladimir Putin and his regime violated, and continue to violate, various international commitments. First, the United Nations Charter, specifically, the Preamble; Article 1 (maintain international peace and security), Article 2 (peaceably settle international disputes), Article 33 (peaceably settle disputes), Article 34 (call upon the UN Security Council to investigate a situation that may lead to international friction), Article 35 (bring disputes before the UN Security Council), Article 36 (allow the UN Security Council to resolve any dispute), Article 37 (allow the UN Security Council to settle any dispute), Article 39 (allow the UN Security Council to take measures to maintain international peace and security), Article 40 (allow the UN Security Council to set forth provisional measures to avoid aggravating the situation), Article 52 (make every effort to achieve pacific settlement of local disputes), Article 55 (equal rights and self­ determination of peoples), Article 56 (take actions to achieve what is set forth in Article 55), and Article 94 (comply with decision of the International Court of Justice).

Second, the United Nations General Assembly Resolution A/ES-11/L.1, which calls for, in part, "the Russian Federation immediately cease its use of force against Ukraine and to refrain from any further unlawful threat or use of force against any Member State."

Third, the Order issued by the International Court of Justice dated March 16, 2022. That Order compels Vladimir Putin and his regime to "suspend the military operations that it commenced on 24 February 2022 in the territory of Ukraine."

Fourth, the Memorandum on security assurances in connection with Ukraine's accession to the Treaty on the Non-Proliferation of Nuclear Weapons, also known as the Budapest Memorandum. Within that international agreement, Vladimir Putin and his regime are bound "to respect the independence and sovereignty and the existing borders of Ukraine." Moreover, Vladimir Putin and his regime are obligated "to refrain from the threat or use of force against the territorial integrity or political independence of Ukraine."

WHEREFORE, we, the ISBA, in the strongest possible language, denounce Vladimir Putin and his regime for their actions against Ukraine, the Ukrainian people, and the Russian people.
 
FURTHER, we, the ISBA, in the strongest possible language, denounce Vladimir Putin and his regime for having violated, and violating: basic principles of decency; the United Nations Charter, the United Nations General Assembly Resolution A/ES-11/L. l , the Order issued by the International Court of Justice dated March 16, 2022, and the Budapest Memorandum.

WE, the ISBA, call upon Vladimir Putin and his regime to immediately terminate hostilities with Ukraine, the Ukrainian people, and the Russian people.

Slava Ukraini!

Posted on December 9, 2022 by Timothy A. Slating
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Member Comments (2)

Bravo. Even more proud to be a long standing ISBA member.

As an ISBA member, I was proud to see this thoughtful and well-written statement on behalf of our state and legal community.  Thank you to the ISBA International and Immigration Council for taking the time and effort to do this.  

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