Putin's Actions: International Law Violation?

On February 21, 2022, Russian President Vladimir Putin signed two decrees recognising the independence of two breakaway regions in eastern Ukraine, Donetsk and Luhansk, which are held by Russia-backed armed groups. This move has been deemed a violation of international law by several countries, including the UK, the US, and Australia. By recognising the independence of these regions, Putin has denied Ukrainian sovereignty and set the stage for a Russian invasion of Ukraine.

The situation in Ukraine falls under the meaning of occupation in the Fourth Geneva Convention of 1949, and the presence of Russian troops in Ukraine constitutes an occupying force. The recognition of the breakaway regions by Russia also violates the UN Charter and the Minsk agreements, which were designed to end the conflict between Ukrainian government forces and Russia-backed separatists in the region.

The international community has responded to Russia's actions by imposing sanctions and coordinating a response to hold Russia accountable for its violation of international law and its commitments under the Minsk process.

Putin's recognition of the Donetsk and Luhansk People's Republics as independent states

On February 21, 2022, Putin recognised the Donetsk and Luhansk People's Republics as independent states. This was a major escalation in the 2021-2022 diplomatic crisis between Russia and Ukraine.

The two regions, in the Donbas, a historical region in easternmost Ukraine, initially declared independence in 2014 in response to the Maidan Revolution. They were backed by Russia, which provided arms and funding, leading to the War in Donbas.

The Minsk Accords aimed to reach a solution to the war that would preserve Ukraine's territorial integrity, but resulted only in a ceasefire. On February 15, 2022, citing Ukraine's non-implementation of the Minsk Accords, the Russian State Duma voted to ask President Putin to recognise the self-declared Donetsk and Luhansk People's Republics as independent states.

Putin's recognition of the two breakaway regions was seen as a violation of international law and a threat to Ukraine's sovereignty and territorial integrity. It was met with widespread condemnation from the international community, including the UK, the US, the EU, and the UN.

Three days after recognising the independence of the Donetsk and Luhansk People's Republics, Russia launched a full-scale invasion of Ukraine, partially under the pretext of protecting the republics.

Violation of Ukraine's sovereignty and territorial integrity

On February 24, 2022, President Putin declared war on Ukraine, with missile and shelling attacks taking place in multiple Ukrainian cities. In the days leading up to the invasion, Putin recognised two areas in eastern Ukraine held by Russia-backed armed groups as independent states. This was a violation of Ukraine's sovereignty and territorial integrity, as it gave Russia control over vast swathes of Ukrainian territory.

The conflict has resulted in thousands of deaths and injuries, as well as the displacement of millions of people.

Breach of the Minsk agreements

The Minsk agreements were a series of international agreements that sought to end the Donbas war fought between armed Russian separatist groups and the Armed Forces of Ukraine, with Russian regular forces also playing a central role. The agreements were negotiated under the auspices of France, Germany, and the OSCE, and were signed by Ukraine, Russia, and the OSCE special representative in September 2014 and February 2015. These agreements are often referred to as "Minsk I" and "Minsk II", although the second text was expressly conceived as a "package of measures" to implement previous agreements.

The Minsk agreements covered four main areas: security, humanitarian aspects, the economy, and political issues. The security provisions included a ceasefire, monitored by a special OSCE mission; the withdrawal of forces and heavy weapons on both sides of the line of contact; the disarmament of illegal groups; and the withdrawal of foreign fighters. The humanitarian aspects included the exchange of prisoners and provisions regarding humanitarian access, with de-mining added as a key item for discussion.

The economic provisions included the establishment of an economic development plan for Donbas and, a few months into the war, a dialogue on the resumption of economic relations across the line of contact. The political issues revolved around three main points: the status of Donetsk and Luhansk regions, with Ukraine meant to undertake a constitutional reform to introduce decentralisation and a law on self-government for these regions; the holding of local elections in these regions; and an amnesty for participants in the "events" that took place in certain areas of Donetsk and Luhansk.

While the Minsk agreements had the virtue of establishing a formal Russian commitment to return the regions of Donetsk and Luhansk to Ukrainian control, they were agreements in name only, as the two sides had radically divergent readings of how they should be implemented. None of the provisions in the agreements explicitly assigned any obligation to Moscow, which allowed it to present itself as a mediator in a Ukrainian domestic conflict. Moscow also argued that the agreements' implementation had to be discussed on an equal footing between Kyiv, Donetsk, and Luhansk, which Ukraine saw as a prospect of federalisation that would allow Moscow to maintain control through its proxies.

Moreover, there was a divergence concerning the appropriate sequencing of the implementation of the agreements. Moscow wanted decentralisation first, with local elections taking place as part of this, which would legitimise its proxies in Donbas. Moscow also wanted the constitutional reform to grant the Donetsk and Luhansk regions far-reaching powers, including in the fields of justice and foreign policy, effectively turning the decentralisation laid down in the agreements into a de facto federalisation of Ukraine.

In early 2022, tensions rose between Russia and Ukraine, and Russia officially recognised the Donetsk and Luhansk People's Republics on 21 February 2022. Following that decision, on 22 February 2022, Russian President Vladimir Putin declared that the Minsk agreements "no longer existed" and that Ukraine was to blame for their collapse. Russia then launched a full-scale invasion of Ukraine on 24 February 2022.

Violation of the UN Charter

On February 24, 2022, President Putin declared war against Ukraine, marking the beginning of Russia's invasion of Ukraine. This invasion has been deemed a violation of the UN Charter and international law by the UN Secretary-General, António Guterres, and other experts on international law and foreign affairs.

The UN Charter, one of the most significant documents in international law, outlines the conditions under which UN member states may legally resort to war or the use of armed force. Article 2(4) of the UN Charter stipulates that all members of the UN "shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations." Additionally, Article 2(3) of the Charter mandates that all member states "settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered." The only exceptions to these principles enshrined in the UN Charter are self-defence and authorisation by the Security Council.

By invading Ukraine, Russia has violated these principles, particularly Article 2(4)'s prohibition on the "use of force" against other states. This violation has been acknowledged by the United Nations Security Council, which passed a resolution calling for Russia to immediately cease its attack on Ukraine. The resolution was vetoed by Russia, with China, India, and the United Arab Emirates abstaining, and the remaining 11 members voting in favour.

Russia's invasion of Ukraine has also been characterised as a crime of aggression under international criminal law and, in some countries, domestic criminal codes. Article 8bis(1) of the Rome Statute defines a crime of aggression as "an act of aggression which, by its character, gravity, and scale, constitutes a manifest violation of the Charter of the United Nations." This includes the "invasion or attack by the armed forces of a State of the territory of another State," which accurately describes Russia's actions in Ukraine.

In addition to violating the UN Charter, Russia's invasion has also breached other international agreements, such as the 1975 Helsinki Final Act, the 1994 Budapest Memorandum, the Minsk agreements, and the 1997 Treaty on Friendship, Cooperation, and Partnership.

Violation of the Geneva Conventions

The Geneva Conventions are a set of four treaties and three additional protocols that outline international humanitarian law (IHL) and protections for civilians and non-combatants during times of armed conflict. They impose a duty on all parties to the conflict to distinguish between combatants and civilians, prohibiting attacks on the latter.

The Geneva Conventions also require that all warring parties treat prisoners of war humanely and that prison camps be open to inspection by neutral countries or entities. Additionally, they stipulate that sick and wounded individuals should be protected impartially and that medical facilities should not be targeted during fighting.

In October 2019, Russian President Vladimir Putin revoked an additional protocol to the Geneva Conventions related to the protection of victims of international armed conflicts. Specifically, he revoked the Additional Protocol I to the 1949 Geneva Convention, which had been ratified by the Soviet Union's Supreme Council in 1989. This protocol established an international commission to investigate war crimes against civilians.

Putin's decision to revoke the protocol was based on the assertion that the commission had "failed to carry out its functions since 1991" and that there were increasing risks of power abuse by states acting in bad faith. However, critics have accused Russia of causing multiple civilian deaths during its involvement in the Syrian conflict and the 2008 war with Georgia.

The revocation of the protocol and Russia's alleged violations of civilian protections during armed conflict raise concerns about their commitment to upholding the Geneva Conventions and international humanitarian law.

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