Russia's Actions: Violating International Law?

Russia's invasion of Ukraine has been deemed a violation of international law, with many countries imposing sanctions in response. The conflict has brought to light the challenges of enforcing international law, which is governed by treaties, conventions, and the legally binding commitments made by countries when joining international organisations.

Russia's actions have been condemned as a breach of Ukraine's sovereignty and a violation of Article 2(4) of the UN Charter, which prohibits the use of force against the territorial integrity or political independence of any State.

The recognition of breakaway regions in Ukraine as independent states by Russia has also been criticised as a violation of international law on statehood, as these regions do not meet the requirements for independence and were created with Russian military support.

While Russia justifies its invasion as an act of self-defence, there is no evidence to support claims of genocide against Russians in these regions, and self-defence is only applicable in response to an armed attack, which has not occurred.

The international community's response to Russia's actions underscores the importance of upholding legal principles in state relations, even in the face of enforcement challenges.

Russia's recognition of breakaway parts of Ukraine

On February 21, 2022, Russian President Vladimir Putin announced that he would be recognising two breakaway territories in eastern Ukraine as independent states. These territories, the so-called people's republics of Donetsk and Luhansk, broke away from Ukrainian government control in 2014 and have since been supported by Russia through military aid, financial support, and the distribution of Russian passports to residents.

This recognition of breakaway Ukrainian territories by Russia is a breach of international law. The Donetsk and Luhansk republics do not meet the requirements of statehood as they have never had enough independence from Russia, and their creation and survival were made possible by illegal Russian military support. By recognising these territories, Russia is denying Ukraine's sovereignty and justifying its invasion of Ukraine as a peacekeeping mission.

This situation has set a precedent for Russia to further invade Ukraine, as it has done with other breakaway territories in Georgia and Crimea. The recognition of these territories as independent states allows Russia to claim that it is intervening as an ally to protect them against Ukraine, when in reality, it is invading Ukraine's territory.

The implications of Russia's recognition of these breakaway territories are significant. It effectively kills off the 2014-15 Minsk peace agreements, which were seen as the best chance for a solution to the conflict. It also paves the way for Russia to send military forces into eastern Ukraine openly and has resulted in international condemnation and sanctions.

Violation of Ukraine's sovereignty

The invasion of Ukraine by Russia in February 2022 violated Ukraine's sovereignty and constituted an illegal breach of international law.

On February 24, 2022, President Putin declared war on Ukraine, marking a severe violation of Ukraine's sovereignty and territorial integrity. The Russian parliament had, days earlier, requested that President Putin recognize two areas in eastern Ukraine, held by Russia-backed armed groups, as independent states. Putin's decision to authorize a 'special military operation' against Ukraine was unexpected and marked the first large-scale state-to-state war in Europe since World War II.

The conflict in Ukraine's eastern region of Donbas escalated amid Russia's unprecedented military buildup along its border. The situation fell within the meaning of occupation in the Fourth Geneva Convention of 1949, with Russian troops in Ukraine constituting an occupying force. The conflict has resulted in heavy casualties, with over 16,000 people killed and close to 1.5 million displaced. It has also led to widespread damage and destruction of civilian infrastructure, including homes, hospitals, and schools.

Breach of International Law

The conflict between Russia and Ukraine is governed by international humanitarian treaty law, including the four Geneva Conventions of 1949 and the Hague Conventions of 1907, as well as the rules of customary international humanitarian law. Both Ukraine and Russia are parties to these treaties.

The invasion of Ukraine by Russia violated the fundamental principles of these laws, which require parties to distinguish between combatants and civilians, prohibiting deliberate attacks on civilians and civilian objects. The laws also prohibit indiscriminate attacks and impose a duty on parties to take all feasible precautions to minimize harm to civilians and civilian objects.

The invasion further breached the United Nations Charter, which states 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." This wording explicitly prohibits countries from using force against another nation, with no exceptions other than self-defense in the case of an armed attack.

International Response

The violation of Ukraine's sovereignty and breach of international law by Russia have prompted responses from the international community. The United Nations Secretary-General, António Guterres, called on Russia to stop its ground invasion, stating that it "is wrong, it is against the (United Nations) Charter, it is unacceptable."

Additionally, Ukraine's partners, including the European Union and other allies, have imposed sanctions on Russia, with more countries preparing measures to deter further aggression. The international community's recognition of Russia's aggression as a breach of international law underscores the importance of upholding the principles of sovereignty and territorial integrity.

Violation of Article 2.4 of the UN Charter

Article 2(4) of the UN Charter, a central tenet, requires UN member states to refrain from the "use of force against the territorial integrity or political independence of any state." This means that countries cannot invade each other or use force against each other.

Russia's invasion of Ukraine in 2022 violated Article 2(4) of the UN Charter. This is because Russia's actions constituted the "use of force" against Ukraine, a sovereign nation, and directly conflicted with the United Nations Charter.

The invasion was preceded by a massive military buildup. In March and April 2021, Russia increased its military presence near the Ukrainian border. Despite the Russian government's repeated denials of intending to invade Ukraine, the US government released intelligence in December 2021, including satellite photographs showing Russian troops and equipment near the Ukrainian border.

On February 21, 2022, Russian President Vladimir Putin gave a televised speech questioning Ukraine's statehood and indicating his intention to immediately recognize the independence of Donetsk and Luhansk, two regions in eastern Ukraine. On February 24, 2022, Putin announced a "special military operation" in Ukraine, claiming that it was necessary to protect Russians in Ukraine from "genocide" by the Ukrainian government.

Many experts on international law and foreign affairs have opined that the Russian invasion of Ukraine violated Article 2(4)'s prohibition on the "use of force" against other states. Russia's justification for its use of force, citing Article 51 of the UN Charter, which preserves the right to self-defence, has been rejected by experts. They argue that Ukraine did not threaten or attack any other nation, and even if Ukraine had been planning an attack on Donetsk or Luhansk, Russia could not invoke Article 51 as these regions are not recognized as separate states under international law.

Russia's invasion of Ukraine, therefore, constitutes a violation of Article 2(4) of the UN Charter, which prohibits the use of force against the territorial integrity or political independence of any state.

Violation of the Geneva Conventions

The Geneva Conventions are a set of four treaties that outline the protections afforded to civilians and other non-combatants during an armed conflict. They also stipulate how prisoners of war should be treated and outline the rules of war. The Conventions are central pillars of international humanitarian law (IHL), which applies to all warring parties, irrespective of the reasons for the conflict.

The first Geneva Convention, dating back to 1864, states that the sick and wounded should be protected impartially and that medical facilities should not be targeted during fighting. The second extends these protections to the shipwrecked. The third requires that all warring parties treat prisoners of war humanely and that prison camps should be open to inspection by neutral countries or entities.

The fourth Geneva Convention, agreed on the heels of World War II in 1949, requires UN member states to punish those who commit crimes such as unlawful killing, torture, serious bodily injury or suffering, unlawful deportation (ethnic cleansing), unlawful confinement, and gender-based crimes such as rape and forced prostitution. The fourth convention includes three additional protocols, extending civilian protections to victims of wars against racist regimes, wars of self-determination, and internal conflicts.

Russia has violated the Geneva Conventions in several ways during its war with Ukraine. Firstly, under international law, including the Geneva Conventions, Russian troops in Ukraine are an occupying force. The situation in eastern Ukraine, if Russian troops formally enter the territory, would fall within the meaning of occupation in the Fourth Geneva Convention of 1949.

Secondly, the armed conflict between Ukrainian government forces and Russia-backed armed groups has resulted in heavy casualties and displacement for civilians in eastern Ukraine. The conflict has killed over 16,000 people, including combatants and civilians, and has displaced close to 1.5 million. The fighting has also led to widespread damage and destruction of civilian infrastructure, including homes, hospitals, and schools.

Thirdly, Russia has engaged in the forcible transfer and/or deportation of Ukrainian children, which may amount to a crime against humanity. Over 1,000 children have been taken from Crimea alone, with thousands more taken from other occupied areas of Ukraine. These children have been sent as far away as Siberia and the Russian Far East, in direct violation of Russia's obligations under international humanitarian law and its OSCE commitments.

Finally, Russia has stolen children from Ukrainian institutions in Kherson while its forces were retreating. This constitutes a grave breach of the Geneva Convention and a war crime. Russia refused to allow humanitarian corridors to be established and instead took the children to Russia, where their rights relating to identity were violated as they were exposed to pro-Russian information campaigns, often amounting to targeted re-education.

Violation of the Montevideo Convention of 1933

The Montevideo Convention of 1933, also known as the Montevideo Convention on the Rights and Duties of States, was signed in Montevideo, Uruguay, on December 26, 1933, and came into force the following year. The convention established the standard definition of a state under international law and was adopted by the Seventh International Conference of American States.

The convention set out the criteria for statehood, which includes having a permanent population, defined territory, government, and the capacity to enter into relations with other states. It also emphasised the declarative theory of statehood, stating that a state's political existence is independent of recognition by other states. This was in contrast to the constitutive theory of statehood, which asserts that a state's existence is dependent on recognition by others.

An important aspect of the Montevideo Convention was its prohibition on the use of military force to gain sovereignty. Article 11 of the convention states:

> The contracting states definitely establish the rule of their conduct the precise obligation not to recognize territorial acquisitions or advantages that have been obtained by force whether this consists in the employment of arms, in threatening diplomatic representations, or in any other effective coercive measure.

By recognising the "independence" of parts of eastern Ukraine and deploying troops there, Russia has violated the sovereignty and territorial integrity of Ukraine, contravening the principles outlined in the Montevideo Convention. This violation of international law has prompted sanctions and widespread condemnation from the international community.

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