The Russian Aggression on Ukraine and International Law

Syllabus: General Studies Paper 2

Context

• A full-scale invasion of Ukraine was initiated by Russian forces. The Russian activities have been extensively denounced, and they pose a number of issues about whether or not they violated international law.
• Background- The annexation of Crimea by Russia in 2014, following the overthrow of Victor Yanukovych from his position as President, marked the beginning of a massive military escalation in the ties between Russia and Ukraine. The annexation of Crimea by Russia was greeted with the implementation of sanctions by the international community. Russia, on the other hand, is still in control of Crimea, and its operations since 2014 have been focused on fomenting separatists in Ukraine’s eastern regions.
• In January 2021, Ukrainian President Volodymyr Zelensky appealed to the United States to let the country to become a member of NATO, prompting Russia to begin mobilising soldiers along the country’s eastern border. Tensions grew rapidly after Russia asked that NATO cease its military activity in eastern Europe and Ukraine in December 2021, which was followed by a Russian hack on the Ukrainian government website.
• It was on February 22^nd that Russia recognised the self-proclaimed Donetsk and Luhansk republics in eastern Ukraine’s Donbass area, and it dispatched Russian soldiers to these regions. Finally, Russia started a full-scale invasion of Ukraine .
• The Russian activities have been extensively denounced, and they pose a number of issues about whether international law has been violated.

How is Russia violating the UN Charter?

• On the concept of non-interference in domestic matters is founded the present international order, which is a fundamental tenet of international relations.
• According to article 2(4) of the United Nations Charter, governments are prohibited from using or threatening to use force against the territorial integrity or political independence of any other state, and they must refrain from doing so. Forcible trespassing on the territory of another state is prohibited under any circumstances, even if it is for a brief or limited purpose such as a ‘in and out’ operation, according to the Convention. In international law, the Russian war on Ukraine is a violation of the norm of non-intervention, and it constitutes aggression against the country.
  • Aggression is defined by the United Nations General Assembly Resolution 3314 (1974) as the use of military force by one state against the sovereignty, territorial integrity, or political independence of another.
• Also considered an act of aggression is permitting one’s territory to be utilised by another state for the purpose of aggression against a third state while on one’s territory.
• As a result, Belarus can also be held liable for aggression because it has permitted Russia to utilise its territory to launch an attack on Ukraine.
• Aggression is also regarded a criminal act under customary international law and the Rome Statute of the International Criminal Court, which established the International Criminal Court.
• One of the primary motivations for Russia’s use of force against Ukraine is the country’s aim to keep Ukraine out of the NATO alliance. This is a violation of Ukraine’s political independence under Article 2(4) of the Constitution, because Ukraine, as a sovereign state, has the right to choose which organisations it wishes to associate with.
• Furthermore, by resorting to the use of force, Russia has violated article 2(3) of the UN Charter, which mandates that nations settle their differences via peaceful methods in order to maintain international peace and security.

What about the principle of self-defence?

• In the event that Russia employs force against Ukraine, Ukraine has the right to defend itself under international law.
• Article 51 of the United Nations Charter grants a state the right to use individual or collective self-defence until the Security Council takes action to restore international peace and security to the situation.
• In this particular instance, it appears improbable that the UN Security Council would reach a conclusion because Russia is a permanent member with veto power.
• Ukraine, on the other hand, has the right, under international law, to request aid from other countries in the form of military support, weapons supply, and so on.
• The Russian government, on the other side, has asserted that it is acting in self-defence. This argument is problematic because Ukraine has made no use of force or issued any similar threats against Russia during this time period.
• The Russian government has asserted that Ukraine may be able to acquire nuclear weapons with the assistance of western friends. However, in the case of the Legality of Nuclear Weapons Threat, the International Court of Justice (ICJ) ruled that the mere existence of nuclear weapons does not necessarily represent a threat to national security.
• As a result, even if Ukraine had, or were to acquire, nuclear weapons in the future, this does not provide a basis for Russia to use the doctrine of self-defense.
• Furthermore, simply being a member of a defence organisation such as NATO does not automatically imply a threat of attack towards the country that is a member. As a result, Russia is unable to claim self-defense in this situation as well.
• Russia is also unable to invoke anticipatory self-defense because, according to the Caroline test, such an invocation would need that the requirement of self-defense was immediate and overwhelming, allowing no choice of methods and no time for contemplation to be exercised. This is not the case, however, in the case of Russia.

Conclusion:

• The globe is already suffering from a variety of natural disasters, which necessitates the concerted efforts of the HUMAN SOCIETY as a whole. War cannot be the solution; instead, peace must be established in world.
• The resumption of the Minsk peace process would be a viable answer to the current situation. Consequently, the West (including the United States and other western countries) should encourage both parties to begin discussions and to honour their promises under the Minsk accord in order to restore relative calm along the border.
• When it comes to solving the ever-escalating war and conflict between Russia and Ukraine, international Cooperation is required.

The Hindu link

https://www.thehindu.com/news/international/the-russian-aggression-on-ukraine-and-international-law/article65081513.ece?homepage=true

Question- Russian attack on Ukraine is direct violation of international law. Describe.