UNDERSTANDING RUSSIA VERSUS UKRAINE CONFLICT IN REFERENCE TO PUBLIC INTERNATIONAL RELATION AND LAW VIS A VIS ANCIENT INDIAN JURISPRUDENCE IN RELATION TO INTERSECTIONALITY BETWEEN HUMANITARIAN LAW AND HUMAN RIGHTS by-Shailja Khosla
As nations of the world and their people witness the political-military-defence staged currently between Russia Versus Ukraine , the international relations – political- legal international law currency among the economy of humanitarian law and human rights confluence finds the centerpiece in the context of sense of Russia’s ideas- values and politico-ideology beliefs among the adoption- incorporation by state of Ukraine under diplo-militaristic attitude of Russia validating question when natural human rights of life -liberty of all yet extension of sovereignty(national security) -national interest for Russia relying on sovereignty( national security) -national interest since days on inception of Westphalia state system anchored in deep waters of second world war vis-a-vis duty -justness- right for limiting military actions towards soldiers and civilians by Russia transcending limited wars coexist limit effects anchored justness-duty-equality-reciprocity-ethic-law-politico thought of ancient Indians and Indian state vis a vis understanding of self , state its sovereignty its people and of others vis-a-vis under Ramayana and Mahabharata humane and humanity cut across politico-legal exteriors and interiors vis a vis unlimited sovereignty- national security directed in actions of nations towards each other with additional protocols of first and second surfaced post Geneva, 1949 for human rights under existential post second world war politico-legal international-national order of each nation – each people of United Nations organization vocalizing pacific settlement of conflicts under security council anchored in only five permanent member failing league vis a vis under ancient Indian ideology internationalism is woven by humanity vis a vis Russia individual national interest or Ukraine desire of alliance with European- American political brand vis a vis humanity is not a concept it is a natural law of state of things bigger and larger than political- militaristic means either restraining Ukraine towards attaining membership in some organization anthesis to Russia security-national interest on contrary ancient Indian politio-legal idea on humanity anchored in justice- dharma(duty) stemmed self-society- state- sovereignty- national interest and humanity entails alikeness in being human and equal protection from war , war means and objectives for reduced to grave injustice- immoral action and violation of duty towards other human rather imposition of interest on onto other Ukrainian nation and bending its self determination according Russian self proclaimed master endangering humaneness of soldiers and civilian life and peace for human rights and protection from war talked recently by Prime Minister of India in meeting with United States President ; the war is rooted in dharma for justice and humanity which is not unique to a nation to nation unlike narrow interest concern specific to individual nation to nation , whereas in contrast and comparison the ancient Indians from common man to seers understood self with oneness – a self is a composite whole of mind and all limbs and is not separated from the other human self – all the individuals are not separated from each other and not separated from the universe , with this peripherical idea of comparison between two paradigms , the inter relationship- the transgression and comingling between humanitarian Law and human rights Law forms the subject of enquiry which has the centre piece as human with human duties studies as humanitarian to protect other humans of non international and international armed conflicts , this study offers an understanding of conflict in relation to politico-legal- ideological-philosophical-epistemological clash of Russia versus Ukraine as the context in relation to comparative paradigm of ancient Indian approach towards humanity where human rights and humanitarian law were not sought distinct vis a vis mainstream international law with individual nation guarding their sovereign interest aggressively and defensively seeing distinct from each other hemisphere and nation and their individuals seeing each other distinct with the framework of common stipulations for all of them in form of international bodies from United nations to its conventions , with the Geneva convention and its protocols about resonating ancient Indian humane-just paradigm transcends philosophy-descriptivity-physical realm inducing logic. This research offers an inter sectional understanding of humanitarian jurisprudence and human rights law and attempt to study paradigm found in ancient Indian politico legal framework of values as imbibed in ancient system of law-politics Indian context of Rig Veda ; Bhagvad Gita ; Upanishads, Kautilya ;
Ashoka towards erstwhile Indian paradigm as Human-Justice -Duty approach vis a vis existing international law- relations order in term of military struggle between Russia and Ukraine vis a vis values around which the legal universe of mainstream international law institutionalized .
On a similar comparative style the understanding manifested under the Rig Veda ; Bhagvad Gita or Upanishads apart from inter-sectionality and secondary to different metaverses of societies and people is secondary to prism viewing dichotomies in integration into one physical with non conflict and dichotomies and antithesis societal-state persuasions for human and dharma has the core as human and requires and requires human learning lessons for growth from the vicious circle of war – decay and witheration – birth- justice-dharma-right- development even under this time inter region humanitarian though at least similar in body of Geneva law within it its soul soaring from ashes of pre 1949 war of nations as phoenix of Russia – Ukraine conflict and as the conflict by nations under post covid mass spread welfare of nation’s people is a thinkable item among sustainability of economies ; the precautionary – reciprocity-proportionality of Geneva lies under the cloudy sky of smoke from aggravated national interest versus aggravated national defence and thinkable as it is post humanism post internationalization or pre Geneva of thousands of years . Unlike the socialism of nations towards thinking welfare of people and along with other regions and liberalism of nations as in Russia self healing by self wound from its aggravated national will versus aggravated self defence self will of Ukraine government .
At a certain time when jurisprudence from the international court of justice for its interpretation of Russian action for in terms of protection of humanity at certain locations in Ukraine contradicting genocide convention by use of tools of warfare for affliction from its jets calling to save these people from Russia itself , Russian political system for its Constitution was reading self determination of rights -equality of all people in modern times for under nation system rhetoric and popular political-legal jargon would even comparatively in ancient Arthasastra of Kautilya debate right to invoke genocide counter action in Ukraine and its elimination by Ukrainian national agencies under the international relations-international law on horizontal unity-similarity for conflict in motion as incharge putting international justness inferior to conflict model under parallel national leviathan of power vis a vis spirit -space cause
-effect for all and everyone for its source and constituents vis a vis realism -idealism thesis- antithesis under internationalization , on the other hand ancient Indian political-legal thought for human-humanity into self-other realization as pre conflict and during conflict towards a alternative dharma (justice ) – rights-equality of nonseparation of the jurisprudential institution human rights under modern 1945 metaverse of nations with common positivism sowed into ancient Indian political-legal philosophy from Bhagvad Gita to Veda of Rig , to Upanishad to Aurobindo to message of inter-sectionality into single spirit-space for nationalization and internationalization are integrated of this unispiri-space rather adoption-incorporation subject to criterias-agendas-observations of its leviathans vis a vis internationally Security council , Human Rights Council and international Court of justice finding wish to wanting to limit leviathan’s rule wired into different variable of understanding of different constituents with source of execution into man and not spirit-space of ancient Indian paradigm where sustainable development goals of transitional justice and peace and human rights are towards alternatively below to upwards vertical from uni-spirit-space under one common mass for international relation-international law developed sustained under same system that emanated uni-space- spirit .
OBJECT OF STUDY
The research underlines the understanding of the viability of varied oppositions in actions of militarism-nationalism of -for Russia towards Ukraine in a challenge to human rights and humanitarian `current paradigms internationally and locally reading limitations in international variables of law and national constitutional ideas of these political systems from perspective in context of human rights and humanitarian law of Hague and Geneva for more spirit in actions of Russia Versus Ukraine than in soul of human vis a vis historical ages in jurisprudence of India in meaning for its people and others from angles of human right and humanitarianism into human more than actions or laws or criteria’s for its reasonability and application , more than positivism of humanitarian search of humaneness into criteria’s and categories ; the customs of its people diluting liberalism-socialism in sphere of humanitarian law-human rights on an issue of present discussion regarding circumstances -policies of this conflict .
The research envisions putting into space the alternatives of paradigms with from ancient Indian legal thought from written species of various texts interdisciplinary insight into human strand of law for human rights-humanitarianism under doctrinal manner.
KEY WORDS:- Russia ; Ukraine ; ancient Indian jurisprudence; international relations ;Human
; Human rights ; duties ; Humanitarian Law
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1 Assistant Professor-II, Amity Law School, Amity University, Noida