Concept of "Indivisible Security” in Speech on Russia-Ukraine War and Impact on Southeast Asia
Ministry of LawSpeakers
Summary
This question concerns a request by Mr Vikram Nair for Minister for Law Mr K Shanmugam to elaborate on the concept of “indivisible security” regarding the Russia-Ukraine war. Minister for Law Mr K Shanmugam clarified that "indivisible security" is a concept used in international relations rather than a principle of international law, as it is not enshrined in the UN Charter. He emphasized that Russia’s invasion violates fundamental international law principles, including sovereignty, territorial integrity, and the non-recourse to the use of force. The Minister for Law Mr K Shanmugam stated that this concept does not justify the invasion, which remains legally indefensible regardless of geopolitical views on the roles of NATO or the West. He concluded by highlighting that Ukraine is the unfortunate victim of the situation, with its people paying a terrible price for these violations of international law.
Transcript
The following question stood in the name of Mr Vikram Nair –
8 To ask the Minister for Law whether he can elaborate on the concept of “indivisible security” as referenced in his speech entitled “The Russia-Ukraine War and Southeast Asia One Year On: Implications and Outlook” that was delivered on 8 March 2023 at the ISEAS-Yusof Ishak Institute workshop.
Mr Murali Pillai (Bukit Batok): Question No 8.
The Minister for Law (Mr K Shanmugam): Thank you, Mr Deputy Speaker. I will first start with the point of sovereignty. Self-determination, sovereignty and territorial integrity as well as the non-recourse to the use of force are fundamental principles of international law. These principles are enshrined in the UN Charter, and 193 states are party to the Charter, including Singapore.
Article 1(2) of the UN Charter states that one of the UN’s purposes is “[t]o develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace”.
Article 2(1) provides that the UN is “based on the principle of the sovereign equality of all its Members”.
Article 2(4) provides that all Members “shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state …”.
Article 2(7) provides that “[n]othing contained in the present Charter shall authorize the [UN] to intervene in matters which are essentially within the domestic jurisdiction of any state …”.
Russia’s invasion of Ukraine violates these basic principles of international law, including self-determination, sovereignty, territorial integrity and the non-recourse to use of force. In my speech that Mr Vikram Nair refers to, I think I said four times that the Russian invasion cannot be justified.
Russia has invoked Indivisible Security as among the reasons for the invasion of Ukraine. And as I have said, Indivisible Security cannot give grounds for the Russian invasion. Indivisible Security is not of the same status as self-determination, sovereignty, or territorial integrity and the non-recourse to use of force.
Indivisible Security is, I think, best characterised as a concept that is invoked in international relations. And I pointed out that the concept of Indivisible Security, in some form, has been invoked by both Russia and the United States. But that does not make it a principle of international law. And it is not set out in the UN Charter.
In addition, in my speech, I shared diverse views on how the situation in Ukraine unfolded and the roles of the West, NATO and the Russian Federation. The result is that Ukraine is the unfortunate victim and its people are paying a terrible price.
Mr Deputy Speaker: No supplementary questions.