Putin's Actions: International Law Violation?

Russian President Vladimir Putin's invasion of Ukraine has been deemed a violation of international law, with some experts calling it a crime of aggression. The invasion has also been described as a breach of the UN Charter, which sets out the conditions under which UN member states can legally resort to war or use force. Putin's actions have prompted widespread condemnation from the international community, including sanctions and other countermeasures. Additionally, Putin has been accused of manipulating international law to advance his imperial ambitions and breaking the post-World War II international order. The resilience of the international order in the face of Putin's actions has led to a unified commitment to sovereignty, rights, and law.

Violation of the UN Charter

The 2022 Russian invasion of Ukraine is a violation of the UN Charter, which sets out the conditions under which UN member states may legally resort to war or the use of armed force. The invasion is a violation of the prohibition on the "use of force" against other states as outlined in Article 2(4) of the UN Charter. This article states 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".

The invasion is also a violation of Article 2(3) of the UN Charter, which requires all member states to "settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered". The only two exceptions to this are self-defence and an authorization by the Security Council.

Russia has argued that its use of force against Ukraine is lawful under Article 51 of the UN Charter, which preserves the rights of UN member states to defend themselves against "an armed attack" and to engage in "collective self-defence". However, this argument has been criticised by international law and foreign policy experts. They argue that Russia cannot rely on a self-defence justification because Ukraine has not threatened or attacked any other nation.

The invasion of Ukraine has been called a crime of aggression under international criminal law, and it violates international agreements that Russia is a party to, including the 1975 Helsinki Final Act, the 1994 Budapest Memorandum, and the Minsk agreements.

Violation of the Helsinki Final Act

The Helsinki Final Act, also known as the Helsinki Accords or Helsinki Declaration, was signed in 1975 by all European countries except Albania and Andorra, as well as the United States and Canada. The Act was an attempt to improve relations between the East and the West, addressing a range of prominent global issues.

The Act is divided into four "baskets", the first of which includes ten principles covering political and military issues, territorial integrity, the definition of borders, peaceful settlement of disputes, and the implementation of confidence-building measures between opposing militaries.

The 2022 Russian invasion of Ukraine violated the Helsinki Final Act when Russia violated the territorial integrity of Ukraine. This violation occurred when Russia annexed Crimea in 2014 and again when it invaded Ukraine in 2022.

The Helsinki Final Act states that all signatories must:

• Refrain from the threat or use of force
• Respect the inviolability of frontiers
• Respect the territorial integrity of states
• Peacefully settle disputes
• Refrain from intervention in internal affairs
• Respect human rights and fundamental freedoms, including freedom of thought, conscience, religion, or belief
• Respect equal rights and self-determination of peoples
• Cooperate among states
• Fulfill in good faith obligations under international law

By invading Ukraine, Russia violated several of these principles, including the refraining from the threat or use of force, respecting the inviolability of frontiers, respecting the territorial integrity of states, and peacefully settling disputes.

In addition to violating the Helsinki Final Act, the Russian invasion of Ukraine also violated other international agreements, including the 1994 Budapest Memorandum, the Minsk Agreements, and the 1997 Treaty on Friendship, Cooperation, and Partnership.

Violation of the Budapest Memorandum

The Budapest Memorandum, signed on December 5, 1994, was an agreement between Russia, the United States, the United Kingdom, Ukraine, Belarus, and Kazakhstan. The memorandum was signed at the OSCE conference in Budapest, Hungary, and provided security assurances relating to the accession of the latter three countries to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT).

The agreement prohibited its signatories from threatening or using military force or economic coercion against Ukraine, Belarus, and Kazakhstan, except in self-defence or in accordance with the Charter of the United Nations.

In 2014, Russia first broke its commitments under the Budapest Memorandum when it annexed Crimea and demonstrated aggression in eastern Ukraine. This action was viewed as a violation of the memorandum's terms, which included a pledge to "respect the independence and sovereignty and the existing borders of Ukraine."

The international response to Russia's actions in 2014 was muted, although the US and UK did eventually increase their efforts to strengthen Ukraine's armed forces through training and the provision of lethal defensive arms.

In 2022, Russia launched a full-scale invasion of Ukraine, marking a further and more severe breach of the Budapest Memorandum. This invasion has been described as an “even more serious violation" that effectively nullifies Russia's assurances in the agreement.

The violation of the Budapest Memorandum has had significant repercussions, including undermining the credibility of major power security assurances and the nuclear non-proliferation regime. It has also raised questions about the reliability of such assurances in ensuring the long-term security of countries in Russia's neighbourhood and beyond.

Violation of the Minsk Agreements

The Minsk Agreements are a pair of ceasefire agreements signed by Russia and Ukraine in relation to the conflict between the two countries that began in 2014. The first agreement, Minsk I, was signed on 5 September 2014 and consisted of a commitment to a ceasefire along the existing line of contact. However, Russia never respected this agreement, and fighting intensified until a second agreement, Minsk II, was signed on 12 February 2015.

Minsk II was brokered by France and Germany and sought to halt the conflict that began when Russia-backed separatists seized territory following Russia's annexation of Crimea in 2014. The deal's 13 points included an immediate and comprehensive ceasefire, the withdrawal of heavy weapons by both sides, the pardoning and exchange of prisoners, the resumption of socioeconomic ties, and the withdrawal of foreign armed formations and mercenaries.

Despite these agreements, Russia has violated the Minsk Agreements in several ways. Firstly, Russia has failed to respect the ceasefire, with Russian-led forces continuing to fight and take control of towns in eastern Ukraine. Secondly, Russia has not withdrawn its military forces or disbanded illegal armed groups as required by the agreements. Instead, Russia has regular military officers, intelligence operatives, and unmarked "little green men" woven into the military forces in eastern Ukraine. The Russia-backed separatists in the Donbas also constitute "illegal armed groups" that have not been disbanded.

Thirdly, Russia has prevented the Organisation for Security and Co-operation in Europe (OSCE) from accomplishing its mission in Donbas as outlined in the Minsk Agreements. Russia, as a member of the OSCE, approves the mandate of the OSCE Special Monitoring Mission (SMM) but then blocks the implementation of that mission on the ground in Ukraine. This has resulted in an 80% restriction on the freedom of movement of the OSCE in Ukraine, with the remaining 20% of restrictions occurring on the Ukrainian side for safety reasons.

Finally, Russia has insisted that it is not a party to the conflict and is therefore not bound by the terms of the Minsk Agreements. This claim is untruthful, as Russia is a signatory to the agreements and a protagonist in the war in Ukraine, fully obliged to follow their terms.

Violation of the Treaty on Friendship, Cooperation, and Partnership

The 1997 Treaty on Friendship, Cooperation, and Partnership between Russia and Ukraine, which was terminated in 2019, outlined that both countries must respect each other's territorial integrity and existing borders. However, Ukraine has accused Russia of violating this treaty through its annexation of Crimea and its actions in the Donbas region.

The violation of the Treaty on Friendship, Cooperation, and Partnership by Russia has significant implications for international law and order. The invasion ordered by Russian President Vladimir Putin directly contravenes the fundamental principle of the prohibition on the use of force, which is a cornerstone of the international legal system. This act of aggression challenges the very essence of the postwar international order, established after the Second World War, that aims to prevent interstate wars.

The response of other states to Russia's violation of the treaty is crucial in upholding international law. While some states have responded with widespread condemnation, others have implemented robust economic sanctions, targeting Russia's financial institutions and individuals. These sanctions aim to deter similar behaviour in the future and reaffirm the legal prohibition on aggressive war.

The violation of the treaty has also led to the erosion of Russia's legitimacy on the world stage. The United Nations Security Council, with the exception of Russia, China, India, and the United Arab Emirates, voted in favour of a resolution calling for Russia to cease its attack on Ukraine. The United Nations General Assembly also passed a resolution condemning the Russian invasion with an overwhelming majority.

In conclusion, the violation of the Treaty on Friendship, Cooperation, and Partnership by Russia has far-reaching consequences. It challenges the foundation of the international legal order, prompting responses from states aiming to uphold the prohibition on the use of force. The widespread condemnation and sanctions imposed on Russia underscore the unity of the international community in defending the territorial integrity of Ukraine and the principles enshrined in the treaty.

Frequently asked questions