The latest analyzes of Russia’s troop deployment near the Ukrainian border are worrying. In Europe and in Switzerland, however, the media and politicians only seem to be concerned with the question of whether, when and where Russia will invade Ukraine. However, this question is irrelevant. At this point in time, the question of how to sanction Russia for the current threat is much more important. Because it has already crossed the red line – without invasion.
According to Art. 2 Para. 4 of the UN Charter, all members of the UN should refrain from any threat or use of force directed against the territorial integrity or political independence of a state or otherwise incompatible with the goals of the United Nations in their international relations. It is obvious that Russia’s troop deployments and arms shipments near the Ukrainian border violate the UN Charter. Russia’s threat is not only aimed at Ukraine’s territorial integrity, which Russia violated back in 2014, but also at its sovereignty and political independence. Federal President Ignazio Cassis has named Ukraine as the focus of his presidential year. It would be all the more important not only to clearly condemn Russia’s behavior, but also to sanction it.
Switzerland is currently not doing either of these because it is currently offering itself as a platform for diplomatic talks between the conflicts. But sanctions and clear words do not rule out dialogue. Rather, they make Switzerland more credible and respectable as a dialogue partner. Because only if you explicitly call things by their names and punish violations of rules can you conduct a credible dialogue.
In 2017 I was a human rights observer/United Nations Youth Volunteer for the United Nations High Commissioner for Human Rights in eastern Ukraine. I visited pre-trial detention centers, court hearings and settlements in the conflict area and analyzed the human rights situation there and its compliance with international law. Switzerland did not impose sanctions in 2014 when Russia annexed Crimea and pro-Russian militias occupied parts of the Donbass. Once again, Russia should not get away with standing at Ukraine’s door with sharpened knives.
Contrary to the usual restraint and small-mindedness in Switzerland, we should recognize that we have possible sanction instruments at our disposal. Assets of the Russian ruler and people close to the regime on Swiss territory would be a first starting point. It is possible that Switzerland would pay a temporary price for this, for example in the form of an increase in gas prices by Russia. But standing up for a state’s territorial sovereignty and political independence comes at a price. And Switzerland and its people, as a proud and functioning democracy, should be willing to pay for this. In particular with regard to a state that she describes as a priority in her foreign policy.
* Xenia Rivkin is a Geneva-based lawyer and former human rights observer at the United Nations High Commissioner for Human Rights in Eastern Ukraine.