Russia-Ukraine War: Unpacking The Breach Of International Law
The ongoing conflict between Russia and Ukraine has come under international
scrutiny since it began in 2014. This research article analyses disputes from
the perspective of international law. The article examines Russia and Ukraine's
actions against international legal frameworks such as the UN Charter and the
Geneva Conventions. It identifies various violations of international law
committed by both parties and discusses the impact of these violations on the
international community.
Introduction
The Russia-Ukraine tragedy unfolds as a narrative carved in the annals of world
discord in the turbulent arena of global politics. Since its foreboding start in
2014, this conflict has evolved into a gripping conflict, a geopolitical
tapestry stitched with threads of power, sovereignty, and a chronic violation of
international law. This study piece delves into the maze of legal complexities.
We deconstruct Russia and Ukraine's acts with surgical precision, evaluating
their dance on the razor's edge of international legality and studying the
infractions that have sent shockwaves across the diplomatic stage.
The Invasion Of Ukraine By Russia
The conflict between Russia and Ukraine, colloquially known as the
"Russia-Ukraine War," has been a complex and multifaceted issue since 2014. The
conflict began with Ukraine's decision to move closer to the West, which was met
with Russian opposition. With Russia's annexation of Crimea in March 2014 and
subsequent support for separatist movements in eastern Ukraine, the conflict
erupted.
One of the key issues in the Russia-Ukraine war is Russia's violation of
international law. The annexation of Crimea, for example, violated the principle
of territorial integrity enshrined in the United Nations Charter. In March 2014,
the United Nations General Assembly passed a resolution declaring the Crimean
referendum invalid and reaffirming Ukraine's territorial integrity.
During 2021, amid rising tensions, it became clear that Russia was increasing
its military presence along the Russian border. Despite its protests to the
contrary, speculation grew that Russia was planning a military operation against
Ukraine. Russia made clear its opposition to NATO expansion to, or even closer
cooperation with, Ukraine, which it saw as a hostile act.
Russia's attack on Ukraine was widely condemned around the world. Despite the
fact that a Russian veto prevented the UN Security Council from passing a
condemnatory resolution, the General Assembly quickly stepped in and did so by
an overwhelming margin. Other prominent organisations, including NATO, the EU,
and the OSCE, were equally harsh in their condemnation of Russia's actions.
International pressure on Russia to reverse its actions has largely taken the
form of the imposition of severe sanctions.
Breach Of International Laws By Russia
Russia has effectively intervened and violated Ukraine's sovereignty as well as
Article 2 of the UN Charter by allegedly recognising the right to
self-determination of the people of Donetsk and Luhansk. Even under the guise of
collective self-defence Article 51, Russia cannot justify its actions,
especially in the absence of an armed attack on Russia by Ukraine, and does not
pass the necessity and proportionality test. While novel, the concept of
'anticipatory self-defence' is not recognised in international law.
The rigours of Article 51 are limited to an 'armed attack' and do not allow for
a perceived security threat beyond such parameters, which includes President
Putin's perceived threat of NATO expansion. It is also a violation of Article 51
if such'self-defence' action is not reported to the United Nations Security
Council - which, as it stands, was brought to light by Ukraine rather than
Russia.
The attack on Kyiv, as well as the ruthless airstrikes across the country, have
directly violated the Geneva Conventions (which establish international legal
standards for humanitarian treatment in war) and international humanitarian law
standards. All four Geneva Conventions and Additional Protocols emphasise the
protection of civilians and non-combatants. Any armed attack should always aim
to distinguish between combatants, non-combatants, and civilians, and parties
should take all reasonable precautions to protect civilians and civilian
objects.
While Russia is not a signatory to the International Criminal Court's Rome
Statute, Ukraine is. The ruthless attacks on civilians, as well as excessive and
incidental death, injury, or damage, find a place to invite the International
Criminal Court's jurisdiction. Russia also violated the Hague Convention of
1899.
Both parties have signed the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights, the European Convention on
Human Rights, and the Convention Against Torture and Other Cruel, Inhuman, or
Degrading Treatment or Punishment. Aside from the issue of Ukraine's sovereignty
and statehood, humans on the ground are paying a high price. Russian armed
forces are violating many people's inherent right to life, whether they are
combatants or not.
No Justifications Of The Actions Of Russia
Given the numerous international law violations committed by Russia during its
invasion of Ukraine, it appears implausible that Russia can justify its actions.
In its attempt to 'free the people of Donetsk and Luhansk,' Russia has committed
numerous acts of aggression, armed violence, and violations of international
law, humanitarian law, criminal law, and human rights law.
In turn, it has launched an entirely unnecessary, unfounded, and unjustifiable
war against Ukraine. Russia's actions have been condemned by the international
community, which has imposed sanctions, and legal bodies such as the
International Court of Justice have ruled against Russia. The conflict
emphasises the importance of international laws and the need for strict
enforcement in order to avoid similar conflicts in the future.
Conclusion:
As the final act of the Russia-Ukraine drama plays out, the focus shifts to the
big stage of international justice. Russia, which has been at the forefront of
violating established rules, is now under intense worldwide scrutiny. The echoes
of broken treaties and trampled charters resound across continents, calling into
question the very foundations on which nations are supposed to cohabit. The
world is seeing a symphony of rebuke in this crescendo of censure, as legal
institutions and international groups stand in accord against offenses.
The fallout is more than just a diplomatic reckoning; it is a cry to arms for
the defenders of international law. Russia's crimes, from the bold annexation of
Crimea to the brutal airstrikes on Ukrainian territory, serve as cautionary
lessons. The delicate dance of power must not come at the expense of human lives
and national integrity. The message is obvious as the gavel falls in
international courts and fines cascade like a torrent: violations of
international law will not go unpunished. Beyond the courtroom spectacle, the
disagreement serves as a reminder of the global order's frailty. It emphasizes
the importance of scrupulous respect to established legal frameworks and a call
for states to stay within the confines of international law. The complexities of
this battle reveal a split in the tapestry of diplomacy, one that requires
careful patching to prevent the unravelling of a world order based on the
delicate balance of law and justice.
The ringing note in this narrative's final bow is a plea for communal
introspection. With its legal theatrics and geopolitical gymnastics, the
Russia-Ukraine war requires not only responsibility, but also a recommitment to
the principles that link nations. As the curtain falls, the lessons of this
tumultuous act serve as a poignant reminder that the harmony of nations is
dependent on the observance of international laws—a melody that, when played in
unison, can drown out the dissonance of conflict and forge a path towards a more
just and harmonious world.
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