Putin's Violation Of International Laws: A Comprehensive Overview

Russian President Vladimir Putin has a history of manipulating international law to advance his imperial ambitions. In 2008, he sent troops to Georgia, claiming a legal right to self-defence. He justified his 2014 annexation of Crimea using a twisted version of the international law rule of self-determination. In 2022, he recognised the separatist Ukrainian regions of Luhansk and Donetsk as independent nations and sent in Russian troops. This invasion of a sovereign state violated international law, including the UN Charter, and has been called a crime of aggression under international criminal law. Russia's use of force against Ukraine is not justified under Article 51 of the UN Charter, which allows for self-defence and collective self-defence. Putin has also ignored his country's obligations under the Geneva Conventions of 1949, which protect innocent civilians during wartime.

Violation of the UN Charter

Russia's invasion of Ukraine in 2022 was a violation of the UN Charter. The invasion was preceded by a massive military buildup, with Russia increasing its military presence near the Ukrainian border as early as March 2021. Despite denying intentions to invade, Russia's actions, including satellite images of troops and equipment near the border, indicated otherwise.

The UN Charter, one of the most significant documents in international law, outlines the conditions under which UN member states can legally resort to war or use armed force. Article 2(4) of the Charter 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, or in any other manner inconsistent with the Purposes of the United Nations."

Article 2(3) of the Charter further emphasizes the importance of peaceful conflict resolution, requiring 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 exceptions to these principles are in cases of self-defence or with authorization from the Security Council.

Russia's invasion of Ukraine breached these principles, particularly Article 2(4)'s prohibition on the "use of force" against other states. This violation was compounded by Russia's unjustified use of force under the guise of self-defence and humanitarian intervention, which was criticized by international law and foreign policy experts.

By invading Ukraine, Russia also violated other international agreements, including the 1975 Helsinki Final Act, the 1994 Budapest Memorandum, the Minsk Agreements, and the 1997 Treaty on Friendship, Cooperation, and Partnership. These agreements emphasized the importance of respecting the territorial integrity and sovereignty of Ukraine, commitments that Russia failed to uphold.

Violation of the Helsinki Final Act

The Helsinki Final Act, also known as the Helsinki Accords or Helsinki Declaration, was signed by 35 nations, including the USSR, in 1975. The Act was the result of two years of negotiations known as the Helsinki Process and was intended to improve relations between the East and the West.

The Act included a "Declaration on Principles Guiding Relations between Participating States", which outlined 10 principles, including:

• Sovereign equality
• Refraining from the threat or use of force
• Inviolability of frontiers
• Territorial integrity of states
• Peaceful settlement of disputes
• Non-intervention in internal affairs
• Respect for human rights and fundamental freedoms
• Equal rights and self-determination of peoples
• Co-operation among States
• Fulfillment in good faith of obligations under international law

By invading Ukraine, Putin has violated several of these principles, particularly those concerning the threat or use of force, territorial integrity, and the peaceful settlement of disputes.

The Helsinki Final Act was significant because it was seen as a way to reduce Cold War tensions and improve relations between East and West. However, in practice, the Soviet Union did not uphold the human rights and civil liberties outlined in the Act, and the invasion of Afghanistan in 1979 further damaged East-West relations.

Putin's violation of the Helsinki Final Act is, therefore, part of a broader pattern of Russia's disregard for international law and its commitments.

Violation of the Budapest Memorandum

The Budapest Memorandum, signed in 1994, was an agreement between Russia, the United States, and the United Kingdom to provide security assurances to Ukraine in exchange for its accession to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) as a non-nuclear state. Ukraine, which had inherited the world's third-largest nuclear arsenal from the Soviet Union, agreed to relinquish its nuclear weapons and transfer all nuclear warheads to Russia for decommissioning.

The key provisions of the Budapest Memorandum were as follows:

• Respect for Ukraine's independence, sovereignty, and existing borders.
• Refraining from the threat or use of force against Ukraine's territorial integrity or political independence, except in self-defence or in accordance with the UN Charter.
• Refraining from economic coercion against Ukraine.
• Seeking immediate Security Council action if Ukraine becomes a victim of aggression or a threat of aggression involving nuclear weapons.

In 2014, Russia annexed Crimea from Ukraine and supported pro-Russian separatist groups in the Donbas region, resulting in an ongoing military conflict. These actions violated the Budapest Memorandum, particularly the commitment to respect Ukraine's sovereignty and territorial integrity. Russia's invasion of Ukraine in 2022 further breached its pledge to refrain from the use of force against Ukraine.

The violation of the Budapest Memorandum has had significant repercussions. It has undermined the credibility of security assurances provided by major powers, weakened the nuclear non-proliferation regime, and raised questions about the effectiveness of disarmament efforts. Some Ukrainian leaders and the public feel betrayed, as the security assurances in the Budapest Memorandum failed to prevent Russia's aggression.

Violation of the Minsk Agreements

The Minsk Agreements refer to two ceasefire agreements between Ukraine and Russia-backed separatists, signed in Minsk, Belarus. The first, Minsk I, was signed on 5 September 2014, and the second, Minsk II, was signed on 12 February 2015. Both agreements were brokered by France and Germany.

The agreements were aimed at ending the war in eastern Ukraine, which began when Russia-backed separatists seized territories following Russia's annexation of Crimea in 2014. The Minsk Agreements are essential to the diplomatic process surrounding Ukraine because they are the most recent formal, written documents subscribed to by Russia that affirm Ukraine's sovereignty and territorial integrity.

However, Russia has violated the Minsk Agreements in several ways:

• Russia has failed to respect the ceasefire agreed upon in both Minsk I and Minsk II. Even after the signing of Minsk II, Russian-led forces continued fighting and took the town of Debaltseve.
• Russia has not withdrawn its military forces or disbanded illegal armed groups. Russia has regular military officers, intelligence operatives, and unmarked "little green men" woven into the military forces in eastern Ukraine.
• Russia has prevented the Organisation for Security and Cooperation in Europe (OSCE) from accomplishing its mission in Donbas as outlined in the Minsk Agreements. Russia blocks the implementation of the OSCE Special Monitoring Mission (SMM) on the ground in Ukraine, despite voting in favour of its mandate in Vienna.
• Russia insists that it is not a party to the conflict and is, therefore, not bound by the terms of the Minsk Agreements. However, Russia is indeed a signatory to the agreements and is a protagonist in the war in Ukraine.
• Russia has not returned control of the Ukrainian side of the international border to Ukraine, as required by the Minsk Agreements.

The violations of the Minsk Agreements by Russia have led to the continuation of the conflict in eastern Ukraine and the ongoing suffering of civilians in the region.

Violation of the Treaty on Friendship, Cooperation, and Partnership

The Treaty on Friendship, Cooperation, and Partnership, also known as the "Big Treaty", was signed in 1997 between Ukraine and Russia. It enshrined the principle of strategic partnership, mutual respect for territorial integrity, and the inviolability of existing borders. The treaty also included a commitment from both parties not to use their territory to harm each other's security.

The treaty effectively prevented Ukraine and Russia from declaring war on each other or invading each other's countries. However, the relationship between the two countries began to deteriorate in 2014 with the Russian annexation of Crimea and Russia's support for separatist forces in Ukraine's Donbas region. This marked the start of the Russo-Ukrainian War, and as a result, Ukraine's then-president, Petro Poroshenko, signed a decree in September 2018 to end the treaty, which consequently expired on 31 March 2019.

The non-renewal of the treaty was supported by Ukraine's Western allies within the United Nations Security Council. Poroshenko also submitted a bill to the Ukrainian parliament, which passed with 277 MPs voting for the termination and 20 against it.

By violating the Treaty on Friendship, Cooperation, and Partnership, Putin has demonstrated his disregard for Russia's international legal obligations and commitments. This violation adds to the list of war crimes for which Putin will be held accountable.

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