Russia's Violation Of International Law: What, Why, And How?

Russia's invasion of Ukraine in February 2022 has been deemed a violation of international law, with the country facing accusations of breaching the United Nations (UN) Charter and committing a crime of aggression. The UN Charter, which all member states are legally bound by, prohibits the use of force against the territorial integrity or political independence of any state. Despite Russia's claims of self-defence and protection of Russian speakers in Ukraine, no evidence has been found to support these assertions. The recognition of breakaway regions in Ukraine as independent states and the deployment of troops there further challenged international law, with many countries imposing sanctions on Russia for violating Ukraine's sovereignty.

Violation of Ukraine's sovereignty

Russia's violation of Ukraine's sovereignty has been a key issue in the conflict between the two nations. Here is a detailed overview of this aspect of the Russia-Ukraine crisis:

Russia's Violation of Ukraine's Sovereignty:

Russia's violation of Ukraine's sovereignty refers to its aggressive actions and interventions that infringe upon Ukraine's right to independence, self-governance, and territorial integrity. This issue has been at the heart of the conflict between the two countries and has led to widespread international condemnation of Russia.

Illegal Annexation of Crimea:

In 2014, Russia illegally annexed Crimea, an integral part of Ukraine's territory. This act was a gross violation of international law and the first time since World War II that a country in Europe attempted to change borders by force. Russia's actions in Crimea included the appearance of unidentified soldiers, often referred to as 'little green men,' who were later revealed to be Russian troops. This annexation set a precedent for Russia's further incursions into Ukrainian territory.

Destabilization of Eastern Ukraine:

Following the annexation of Crimea, Russia actively destabilized eastern Ukraine by supporting militants in their conflict with Ukrainian forces and deploying its troops in the region. This resulted in a significant loss of life and the displacement of nearly 1.5 million people. Russia's actions in eastern Ukraine, particularly in the Donbas region, have been characterized as a hybrid war, utilizing both military and political tactics to undermine Ukraine's sovereignty.

Violation of International Law and the UN Charter:

Russia's invasion of Ukraine constitutes a clear 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." Despite President Vladimir Putin's claims of self-defense, Russia's actions are widely seen as an unjustified use of force and an act of aggression. This violation of the cornerstone principle of modern international law has led to widespread condemnation and the imposition of sanctions on Russia by Western nations.

Sham Referendums and Recognition of Separatist Regions:

Russia has further violated Ukraine's sovereignty by holding sham referendums in the Luhansk, Donetsk, Kherson, and Zaporizhzhya regions. These referendums, deemed illegitimate by the international community, were used as a pretext for Russia to recognize the independence of these regions and deploy troops there. This recognition of separatist enclaves as independent states is contrary to international law and undermines Ukraine's territorial integrity.

Impact on Euro-Atlantic Security:

Russia's violation of Ukraine's sovereignty has serious implications for Euro-Atlantic security. Ukraine's independence, sovereignty, and territorial integrity are key to maintaining stability in the region. By undermining Ukraine's sovereignty, Russia challenges the rules-based European order and threatens the security interests of Ukraine and its allies.

Abduction and Deportation of Children:

Russia has been accused of abducting and deporting Ukrainian children to Russian territory, with Ukraine identifying thousands of illegally transferred children. This act has been condemned as a heinous crime, and Russia's President Vladimir Putin and his children's rights commissioner are wanted by the International Criminal Court in relation to these actions.

Sanctions and International Response:

In response to Russia's violation of Ukraine's sovereignty, Western nations, including the United States and the European Union, have imposed sanctions on Russia. These sanctions target Russian government officials, military personnel, and entities supporting Russia's military and economic sectors. The international community has largely united in recognizing Russian aggression and attempting to deter further violations of Ukraine's sovereignty.

Violation of the UN Charter

Russia's invasion of Ukraine is a violation of the UN Charter, specifically Article 2.4, which prohibits the "use of force against the territorial integrity or political independence of any State".

On 24 February, President Putin declared war against Ukraine, and missile and shelling attacks began against multiple Ukrainian cities. This was preceded by Russia's recognition of the independence of two areas in eastern Ukraine, held by Russia-backed armed groups, and the deployment of troops to these territories. This was a clear act of aggression and a violation of the territorial integrity of Ukraine.

The UN Chief, Secretary-General António Guterres, told President Putin that the invasion was a violation of the UN Charter and international law. The European Council on Foreign Relations also stated that Russia's actions were a violation of the principle that "relationships between states should be shaped by legal principles rather than merely the balance of power".

Russia's actions have resulted in serious consequences, including sanctions and international condemnation. The international community has united in recognising Russian aggression and calling for it to be stopped. The situation in Ukraine has also triggered a global food security crisis, with the war disrupting food and energy markets and exacerbating vulnerabilities in the developing world.

The violation of the UN Charter by Russia has far-reaching implications and has led to widespread concern and efforts to address the crisis.

Violation of the Helsinki Final Act

The Helsinki Final Act, also known as the Helsinki Accords or Helsinki Declaration, was signed in 1975 by 35 nations, including the United States and Canada, and concluded the Conference on Security and Cooperation in Europe (CSCE) held in Helsinki, Finland. The Act was an attempt to improve the détente between the East and the West and addressed a range of global issues, including political, military, economic, and human rights matters.

The Soviet Union's invasion of Afghanistan in 1979 was seen as a violation of the Helsinki Final Act. Afghanistan's status as a sovereign and independent state, as recognised by the Act, was infringed upon by the Soviet Union's invasion and attempted occupation. This action struck at the heart of the principles outlined in the Helsinki Final Act, severely damaging international relations and East-West relations in particular.

The invasion of Afghanistan by the Soviet Union was contrary to the agreements they had signed onto in 1975 with 34 other countries. The Helsinki Final Act incorporated rights inherent in a country's sovereignty, including refraining from the threat or use of force, respecting the rights of peoples to self-determination, and accepting international conduct principles. By invading Afghanistan, the Soviet Union disregarded these principles and violated the Act.

The Soviet Union's actions in Afghanistan had far-reaching consequences and were seen as a significant blow to the efforts to reduce Cold War tensions. The invasion damaged the international climate and set back East-West relations, highlighting the fragility of agreements aimed at improving relations between opposing blocs during the Cold War era.

Violation of the Budapest Memorandum

The Budapest Memorandum, signed on December 5, 1994, was a pledge of security assurances to Ukraine in connection with its accession to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) as a non-nuclear state. Ukraine, which had the world's third-largest nuclear arsenal, inherited from the collapsed Soviet Union, agreed to relinquish its nuclear weapons and transfer all nuclear warheads to Russia for decommissioning. In exchange, Ukraine sought legally binding guarantees from the US, UK, and Russia that they would intervene if Ukraine's sovereignty was breached.

The Budapest Memorandum consists of a series of political assurances, whereby the signatory states commit to "respect the independence, sovereignty, and existing borders of Ukraine", and refrain from the use or threat of military force, except in self-defence or in accordance with the UN Charter.

Russia first broke its commitments under the Budapest Memorandum in 2014, with its annexation of Crimea and aggression in eastern Ukraine. This marked a violation of the security assurances provided in the Memorandum, which prohibited the use of military force or economic coercion against Ukraine.

The international response to Russia's violation in 2014 was lacklustre, with only the US and UK taking significant action to strengthen Ukraine's armed forces through training and the provision of lethal defensive arms. The impression that emerged was that Ukraine was left on its own to fight an unlawful aggressor.

Russia's invasion of Ukraine in 2022 constitutes an even more serious violation of the Budapest Memorandum and effectively buries Russia's assurances. Moreover, Putin's order to put Russia's nuclear deterrence forces "on high alert" further repudiates Russia's assurances towards Ukraine and raises the spectre of a nuclear conflict.

Violation of the Minsk agreements

The Minsk Agreements refer to two ceasefire deals, Minsk I and Minsk II, signed between Ukraine, Russia, and the Organisation for Security and Cooperation in Europe (OSCE) in 2014 and 2015, respectively. The agreements were aimed at ending the war in eastern Ukraine, affirming Ukraine's sovereignty and territorial integrity, and preventing further Russian invasion.

Russia is in violation of the Minsk Agreements in several ways. Firstly, Russia has failed to respect the ceasefire, with fighting intensifying even after the second agreement was signed. Russian-led forces have continued to fight and seize territories in eastern Ukraine, preventing the implementation of a lasting ceasefire.

Secondly, Russia has not withdrawn its military forces or disbanded illegal armed groups as required by the agreements. Russia has regular military officers, intelligence operatives, and unmarked soldiers integrated into the military forces in eastern Ukraine. The leaders of the self-proclaimed Luhansk and Donetsk People's Republics (LPR and DPR) are supplied and directed by Russia, and their forces constitute "illegal armed groups" that have not been disbanded.

Thirdly, Russia obstructs the work of the OSCE, which is mandated to monitor the implementation of the agreements. While Russia approves the OSCE's mandate during votes, it blocks the organisation's activities on the ground, preventing effective monitoring and verification of ceasefire violations and restrictions on its freedom of movement.

Fourthly, Russia falsely claims that it is not a party to the conflict and is, therefore, not bound by the terms of the agreements. However, Russia is a signatory to the Minsk Agreements and a protagonist in the war in Ukraine, fully obliged to abide by its terms.

Finally, Russia's interpretation of the Minsk Agreements seeks to impose conditions on Ukraine that are not specified in the deals. For example, Russia demands local elections before relinquishing control of occupied territories, which would be held under conditions of occupation and would not be recognised under international law. Additionally, Russia interprets the agreements as obliging Ukraine to grant comprehensive autonomy to rebel authorities in Donbas and representation in the central government, effectively giving Moscow veto power over Ukraine's foreign policy choices.

The violations of the Minsk Agreements by Russia have significant implications for the ongoing conflict in Ukraine and the efforts to resolve it. By failing to uphold its commitments, Russia undermines the diplomatic process and continues its aggression against Ukraine, threatening its sovereignty and territorial integrity.

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