Equal rights and equality

According to the principle of sovereign equality enshrined in the UN Charter of 1945, all states are equal before international law, regardless of the size of their territory, their population, their economy or their armed forces.
  In principle, states also control the affairs within their borders and are protected from unauthorised external interference. This principle itself has existed for a long time and is recognised in international law. However, what this means in practice has changed over time, both in response to growing international obligations and certainly in relation to human rights.
  The following principles are known in this area:

• the principle of non-use of force and the threat of force,

• the principle of resolving international disputes by peaceful means,

• the principle of non-interference in matters that fall within the national jurisdiction of states,

• the principle of equality and self-determination of peoples,

• the principle of sovereign equality of states,

• the principle of the inviolability of national borders,

• the principle of the territorial integrity of states,

• – the principle of respect for human rights and fundamental freedoms.

Adherence to these principles in modern life is a topic of intense discussion in the United Nations, in the Security Council, in international organisations such as the OSCE and many others. It is not possible for us to address all of them today. I will address some points related to the situation in the Republic of Belarus, which I represent.
  Against the backdrop of ongoing geopolitical changes, international law is proving to be contradictory as an effective instrument for the protection of human rights and freedoms. The existing system of international law is selective, and the dictates of individual countries seriously damage national sovereignty. The emerging order in the new multipolar world must be based on the equality of countries and their sovereignty.
  The rule of law is becoming the basis for new international cooperation. Belarus, for example, stands for the development of mutually beneficial partnerships in the political and security fields, in business, science, culture and sport. It is the rule of law and respect for the sovereignty of states that form a solid foundation for the emerging fairer and more democratic multipolar world order. We argue that the principle of sovereignty should be respected as an international legal order based on the independence of sovereign states, which have the right to dispose of rights and obligations in accordance with applicable international treaties.

Crucial to the fate of humankind

The sovereignty of the state and the law will determine the fate of humanity for decades to come. Today, everything has changed, and state sovereignty and legal sovereignty will indeed determine not only the development of legal systems, but also the fate of humanity for many decades to come and form the so-called picture of the future. There should be no place in this for the law of the elect, no place for the rule of one over all laws.
  Today, unilateral US measures reduce the applicability of international norms and rules. But under no circumstances should we allow this utilitarianism to prevail and destroy international law. It is out of the question for international courts to determine their own jurisdiction, as, for example, the European Court of Human Rights (ECHR), international investment tribunals and other similar reputation-damaging structures have done, constructing cases for themselves in order to increase their own importance and justify multi-million-dollar costs. Something that serves the interests of a group of Western elites.
  International law is in crisis and there is a deterioration in the quality of judicial proceedings. To a certain extent, international law is in decline and the system of international justice has deteriorated. However, this does not mean that we should abandon international law, as it is the most important instrument for communication between countries.
  International legal relations should be based on the equality and sovereignty of states. Our task today is to bring international relations back to their original meaning, to the principles of equality and co-operation and not to dictatorship and domination. It is first and foremost a question of enforcing respect for the law, its spirit and its letter, and the principles of international law that flow from it.

Preserving national identity

Commitment to the principles of sovereign equality enables us to take full account of the interests of our states and to preserve their national identity, to support and strengthen each other and to find mutually beneficial compromises.
  We must finalise the construction of a multipolar world order in which the sovereignty of states is of central importance and special value. For successful cooperation, it is necessary to create judicial bodies on the basis of international organisations. There is also an urgent need to create judicial bodies on the basis of regional international organisations. They are now active in international economic organisations of individual countries – in the Eurasian Economic Union, in Asia. It is possible that similar bodies will emerge in the Shanghai Cooperation Organisation (SCO), the BRICS and other associations. Apart from the sanctions imposed by the UN, all other sanctions are illegitimate – we do not recognise them.
  As far as sanctions are concerned, Belarus has been subject to them to a certain extent since the beginning of its independence. This is a punishment for sovereign foreign and domestic policy pursued in its own national interest and not in the interests of the initiators of sanctions. I’ll be blunt, I remember in 2010, for example, when we were told in plain language that certain restrictions would be lifted if we did this and that. And the demands concerned purely domestic issues, the authorisation of certain people nominated by Westerners for the country’s government, the sale of national assets and so on.

Impoverish the
population to cause unrest

It is clear that all these measures – they were different – were in principle aimed at limiting the possibilities of our economic growth and eliminating a regional economic competitor. Therefore, in 2020, of course, not only sanctions began, but a real hybrid war. There was only one goal of the actors: to impoverish the population of Belarus in order to provoke unrest and thus achieve their goals. Some politicians and leaders even made public statements to this effect. In addition to the unlawful restrictive measures, a traffic blockade, the blocking of access to seaports – which is a gross violation of international law – financial sanctions and more were imposed. The Polish leadership supports and finances paramilitary extremist formations that openly talk about the need to prepare terrorist attacks in Belarus. Lithuania carries out similar activities.
  But these experiences are only making the Belarusians stronger. We are successfully rising to these challenges. Also together with Russia, our other partners and allies, friendly countries and within the framework of a number of integration organisations. Most countries are on the side of justice, so attempts to isolate us are pointless.
  Many countries believe it is necessary to establish an anti-sanctions club in co-operation with like-minded countries (China, Cuba, Russia) and to develop legal mechanisms within the framework of sovereignty, law and international law in order to find a solution to counter sanctions. It is also necessary to establish financial and economic rules, abolish the dollar as an international currency and replace it with national currencies. The Anti-Sanctions Club should file a lawsuit against the authors of the sanctions and demand compensation.  •

(Translation Current Concerns)

* Aliaksandr Ganevich has been Ambassador Extraordinary and Plenipotentiary (first class) of the Republic of Belarus to the Swiss Confederation since 2020. He was born in Lida, Grodno region. He completed his education at the Military Command School in Ussuriysk, at the Moscow Diplomatic Academy and at the Diplomatic School of the Foreign Office of the Federal Republic of Germany. Since 1993 he has worked in the diplomatic service in Minsk, Berlin, Bern and Munich. Aliaksandr Ganevich is married and has two children. He speaks Belarusian, Russian and German.