How the invasion of Ukraine by Russia broke International Law
- Luiza Afetian
- Aug 17, 2022
- 2 min read
Written by Luiza Afetian
International law prohibits using the Russian invasion of Ukraine as a form of self-defense or humanitarian action because it violates the UN Charter
Pro-Russian militia hoist flags of Russia and the separatist self-proclaimed Luhansk People’s Republic in February 2022. Alexander Ermochenko/Reuters
The Russian invasion of Ukraine itself was illegal because it violates Article 2(4) of the UN Charter, a core principle of the Charter that requires UN member states to refrain from the "use of force against the territorial integrity or political independence of any state.”
Vladimir Putin and other Russian officials have defended their use of force by using the terms of Article 51 of the UN Charter, which is not supported by either the facts or the law. Nothing in the current Charter "nothing in the present Charter shall prejudice the inherent right of individual or collective self-defense if an armed attack occurs against a member of the United Nations." according to Article 51. Ukraine, however, has neither launched or threatened to launch an armed strike on Russia or any other UN member state. Even if Russia could show that the Ukrainian areas of Donetsk and Luhansk had engaged in or plotted assaults against Russians. Because Donetsk and Luhansk are not UN member states, Article 51 would not permit collective self-defense. Despite their alleged secession from Ukraine and Russia's acceptance of their independence, they actually do not even meet the legal requirements to be considered states under international law.
While a covert attempt by Putin to use the language of international law to excuse Russia's use of force, his claims that Ukraine was committing "genocide" against Russians in Donetsk and Luhansk are not substantiated by the facts and in any event would not grant Russia the authority to invade Ukraine. Genocide is defined by the Genocide Convention as particular acts intended to completely or partially eradicate a national, ethnic, racial, or religious group.There is no proof that Ukraine has taken any of the listed acts, and there is certainly no proof of any intention to completely or partially destroy any group in eastern Ukraine. The Genocide Convention and the UN Charter do not permit parties to the convention or UN member states to employ force to avenge crimes of genocide or major human rights violations, even if the Ukrainian government had violated the rights of Russians in eastern Ukraine.
In violation of international law governing state sovereignty and secession, Russia's recognition of Donetsk and Luhansk as separate states last week. In general, international law forbids state territories from seceding and demands that their territorial integrity be respected. Few (if any) international lawyers are likely to argue that Donetsk and Luhansk's secession was justified in this case, despite the fact that some international law experts hold the opinion that so-called corrective secession is permitted as a last resort when a people has experienced serious human rights violations at the hands of the state government and has been unable to exercise internal self-determination.
Sources used on the Article:
Youth Blawggers Association
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