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To the people of Ukraine

The world is witnessing a new stage in the crisis between Russia and Ukraine that began in March and April 2021, when Russia deployed around 100,000 soldiers and military equipment near the borders with Ukraine. This is the largest mobilization of Russian military forces since the annexation of Crimea in 2014 to Russia.

For Russia to withdraw its armed forces, it requires that Ukraine not join the North Atlantic Treaty Organization (NATO) and the reduction of NATO troops and military equipment in Eastern Europe. The United States and other members of the aforementioned organization have rejected these demands and have warned Russia of the application of economic sanctions if it invades Ukraine.

Russia has leaked that if NATO continues to expand its military support to Eastern European countries, it might consider deploying forces to Venezuela and Cuba.

Despite various bilateral diplomatic talks between the United States and Russia, as well as between Germany and Russia, held in January of this year, they have not managed to mitigate the crisis, only a “appeasement” similar to what the Prime Minister achieved has been achieved. English against Nazi Germany before the invasion of Czechoslovakia.

It is not possible to ignore that the European Union depends on 40% of the gas provided by Russia, which means that gas pipelines are a geopolitical weapon. The current gas reserves on the continent, in the event that Russia cut off the supply, would allow the European Union to withstand the shortage only until next summer.

The President of Russia has promised his French counterpart to continue on the path of dialogue and denies that he has offensive intentions. However, the Russian Defense Ministry confirmed last Saturday the shipment of military equipment and material to Belarus to carry out joint military exercises in a couple of weeks.

It is evident that the diplomatic efforts made to deal with the crisis caused by the growing Russian military presence on Ukraine’s borders have not been sufficiently effective, so the intervention of mediators appointed by the United Nations Organization (UN) is very urgent.

Since the Hague Convention for the Peaceful Resolution of International Disputes of 1899, mediation has been envisioned as the path to reconciliation between countries.

For its part, the Charter of the United Nations of 1945 and the creation of the UN had as its main motivation the devastation of two world wars that its founders had suffered, its objective is to prevent future generations from suffering the scourge of war.

For this reason, it is no coincidence that the aforementioned Charter of the United Nations establishes in article 33 that the parties to a dispute whose continuation is likely to endanger the maintenance of international peace and security must try to find a solution taking advantage of the Mediation mainly.

The UN Secretary General, during a meeting held in Geneva in October 2019, on the occasion of the conflict in Syria, pointed out that “Mediation should not wait for a military impasse to occur or for help to be requested. There is a need for mediation at all stages of the peace process, from prevention to peacekeeping, peacebuilding and development, including between parties to protracted conflicts.” These ideas are of urgent application in the conflict between Russia and Ukraine.

For decades, the UN has contributed to ending various conflicts, often through its Security Council, which is the main body responsible for maintaining international peace and security in accordance with the United Nations Charter. When the Council is alerted to a threat to peace, the first step it must take is to recommend that the parties involved try to reach an agreement by peaceful means. In this case, most of the countries involved in the crisis in question make up the aforementioned Council.

It is unacceptable that the presidency of the Council, which this year corresponds to Mexico, has not given any signal in relation to the conflict that is being discussed. It seems as if our country can only see the issues that distract everyone, such as the revocation of the mandate and the scandals of the President’s son.

It is essential that principles be established and respected in order to reach a peaceful solution and avoid a conflagration.

Mediation is the best peaceful mechanism for the management, prevention and resolution of conflicts and controversies that strengthens actions to consolidate an effective culture of peace, has proven its usefulness to manage, prevent and resolve conflicts or controversies and that, therefore, it is a way to protect, strengthen or recover peace, harmony and cordiality among nations.

The basic and most important idea of ​​mediation is the individual responsibility of the conflicting parties. Although the mediator is in charge of the process, for their part, the mediators, that is, the parties, in this case the representatives of Russia, Ukraine, the United States and NATO, would be responsible for the content, since those involved in a conflict they know better than anyone which are the problems that affect them and they only need the support of the mediator to build the solution. That is why your direct participation is essential.

As will be remembered, World War II was initiated by Nazi Germany with the invasion of the Sudetenland region, located in the border area with Czechoslovakia whose population was mostly German. In the negotiations prior to the Second World War, which were of no avail, Czechoslovakia did not participate; Ukraine is not participating in the current negotiations, do not repeat the same mistake.

Let us remember that every conflict or controversy deserves to be managed, prevented or resolved so that it does not escalate or become a big, noisy conflict or – even worse – a war, because that situation would put us at risk of a conflagration with terrible consequences that can destroy everyone.

*The author is a lawyer and professional mediator.


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Twitter: @Phmergoldd

Pascual Hernandez Mergold

Lawyer and professional mediator

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