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

Russia's invasion of Ukraine has sparked international condemnation and outrage, with many countries imposing sanctions on Russia for violating Ukraine's sovereignty. Before the invasion, Russia recognised two parts of eastern Ukraine, Donetsk and Luhansk, as sovereign states, despite them not meeting the requirements for statehood. This action was a direct challenge to the principle of territorial integrity enshrined in international law and the UN Charter, which prohibits the use of force against the territorial integrity or political independence of any state. The recognition of these breakaway regions as independent states by Russia paved the way for its military invasion of Ukraine, with Russian troops being invited into Ukrainian territory under the guise of peacekeeping. The conflict has resulted in widespread damage, destruction, and loss of life, with Russian soldiers potentially facing charges for war crimes.

Violation of Ukraine's sovereignty

Russia's recognition of breakaway parts of Ukraine as sovereign states is a violation of Ukraine's sovereignty and a breach of international law. Before invading Ukraine, Russia recognised the so-called people's republics of Donetsk and Luhansk in eastern Ukraine as sovereign states. This recognition is central to what both Russia and the West are saying about the invasion.

International law has rules about what qualifies as a state and, thus, what entities get the rights that follow from statehood. The Montevideo Convention of 1933 lists these requirements as population, territory, government, and the capacity to enter into relations with other states. The last requirement can also be described as independence. The Donetsk and Luhansk republics have probably never had enough independence to qualify as states, as Ukraine did not give up disputing the territory, and they have always depended on Russia rather than being truly independent.

Since the Donetsk and Luhansk republics are not states in international law, the territory remains under Ukraine's sovereignty. By recognising them, Russia denied this sovereignty in a fundamental way. This situation used to happen more often. For example, in 1903, the US recognised part of Colombia as the new state of Panama so that Americans could build a canal there. In 1932, Japan recognised part of northeast China as the new state of Manchukuo, which was a Japanese puppet.

What has changed since 1945 is the rule in the UN Charter against the use of military force by one state against another. That raises the stakes because illegal state recognition can be used to justify an illegal invasion. As soon as Russia recognised the Donetsk and Luhansk republics, they invited Russian troops onto their territory as peacekeepers. But it was still Ukraine's territory, not theirs. And that made the troops invaders, not peacekeepers.

The recognition opens up new arguments for Russia. If the two republics were genuinely sovereign states, it would be within their rights to invite Russian troops, just as other states are free to host US troops. On that premise, Russia can tell its people and anyone else who will listen that it acted legally. Some further arguments are now also open to Russia, again based on the incorrect premise that the two republics are states. Donetsk and Luhansk both claim additional Ukrainian territory that they do not control. Russia can now use these claims as a pretext for invading deeper into Ukraine.

In response to Russia's aggressive actions against Ukraine, Western nations imposed sanctions on Moscow. Even though sanctions have been extended many times, some continue to criticise them. Allegations that they are illegitimate or ineffective are, however, groundless. Sanctions are a legitimate countermeasure against Russia's violations of international law, while also avoiding any further military escalation. They do not target the Russian population directly. This is a measured response. By comparison, it may be argued that Russian counter-sanctions, such as the total ban on food imports from the European Union, have had more immediate implications for ordinary people on both sides.

Breach of the UN Charter

Russia's invasion of Ukraine in 2022 was a breach of the UN Charter, which sets out the conditions under which member states may legally resort to war or use force against another state. The UN Charter is one of the most significant documents in international law, and Russia's violation of it has led to widespread condemnation and sanctions.

Article 2(4) of the UN Charter 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, or in any other manner inconsistent with the Purposes of the United Nations." This principle was violated by Russia's military intervention in Ukraine, which involved the use of force and threatened Ukraine's territorial integrity. Additionally, Article 2(3) of the Charter requires member states to "settle their international disputes by peaceful means in a manner that international peace and security, and justice, are not endangered." Russia's actions clearly endangered international peace and security and failed to settle disputes through peaceful means.

The only two exceptions enshrined in the UN Charter are self-defence and authorisation by the Security Council. Russia has argued that its use of force against Ukraine falls under the self-defence exception, as it is defending the Donetsk People's Republic and Luhansk People's Republic, which it recognises as independent states. However, this argument has been rejected by international law and foreign policy experts, who assert that Ukraine has not threatened or attacked any other nation, and that Donetsk and Luhansk are not recognised as separate states under international law.

Russia's invasion of Ukraine has also been called a crime of aggression under international criminal law and some countries' domestic criminal codes. Legal experts have qualified Russia's actions as a crime of aggression under Article 8bis(1) of the Rome Statute, which defines it 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.

War crimes

Since the Russian invasion of Ukraine in 2022, the Russian military and authorities have committed several war crimes. These include deliberate attacks on civilian targets, including hospitals, medical facilities, and the energy grid; indiscriminate attacks on densely populated areas; the abduction, torture, and murder of civilians; forced deportations; sexual violence; destruction of cultural heritage; and the killing and torture of Ukrainian prisoners of war.

The International Criminal Court (ICC) has recognised abduction and deportation as a war crime, and the forced resettlement of children as a form of genocide. According to Ukrainian authorities, Russian forces have abducted over 121,000 Ukrainian children and deported them to Russia's eastern provinces, with some of these children's parents killed by the Russian military. The ICC has also issued arrest warrants against Vladimir Putin and Maria Alekseyevna Lvova-Belova over allegations of involvement in the war crime of child abductions during the invasion of Ukraine.

Russia has also been accused of carrying out "double-tap" strikes, which are aimed at civilians rushing to help the wounded and have been criticised as a war crime. In addition, there is evidence of the deliberate targeting of civilians using drones, with attacks being "shared and celebrated" on social media.

The use of explosive weapons with wide-area effects has raised concerns about the proximity of historic monuments, works of art, churches, and other cultural properties. Russian forces have damaged or destroyed museums, cinemas, libraries, memorial complexes, and historic buildings. Cultural property enjoys special protection under international humanitarian law, and attacks against cultural heritage amount to war crimes.

The torture and ill-treatment of civilians have also been documented, with the United Nations Special Rapporteur on torture stating that Russia's use of torture is "orchestrated as part of state policy to intimidate, instill fear or punish to extract information and confessions". There have also been reports of the unlawful confinement of civilians, with arbitrary detention and enforced disappearances occurring in territory controlled by Russian forces and affiliated armed groups.

Russia's repeated attacks on power stations and other civilian infrastructure violate international humanitarian law, as they target objects indispensable to the survival of civilians and amount to a war crime.

Looting is also a war crime, and there have been numerous reports of Russian soldiers stealing clothing, jewellery, electronics, vehicles, and other valuables from Ukrainian civilians and evacuees.

The mistreatment of prisoners of war has been reported by both sides of the conflict. The vast majority of Ukrainian prisoners held by Russian and Russian-affiliated forces reported being subjected to torture and ill-treatment, while Russian prisoners of war made credible allegations of summary executions, torture, and ill-treatment by members of the Ukrainian forces.

Overall, Russia's actions in Ukraine have resulted in widespread condemnation and efforts to hold them accountable for violations of international law and war crimes.

Human rights violations

Russia has been accused of violating human rights both within its own borders and in Ukraine.

Russia has been criticized for its treatment of critics of the government and the war in Ukraine. Government critics have faced arbitrary prosecution, lengthy prison terms, violent attacks, and other reprisals. In 2023, at least 77 people were convicted and sentenced on "false information" charges, and 52 on "discreditation" charges. In April 2023, prominent opposition figure Vladimir Kara-Murza received a 25-year sentence in a maximum-security prison on combined charges of treason, "false information," and involvement with an "undesirable organization."

Russian authorities have also targeted independent media outlets and human rights groups, forcing several to shut down. In March 2022, a law was enacted introducing prison sentences of up to 15 years for those who publish "false information" about the Russian military, leading to media outlets stopping their reporting on Ukraine or shutting down. By December 2022, more than 4,000 people had been prosecuted under these "fake news" laws.

Russia has also been accused of targeting the LGBTQ+ community. In July 2023, a law was passed prohibiting gender-affirming surgeries and trans healthcare, dissolving the marriages of transgender people, banning changing gender markers in official documents, barring trans people from adopting or taking guardianship of children, and allowing coercive medical interventions on intersex children. In November 2023, the Russian Supreme Court deemed the international LGBTQ+ movement an extremist organization and banned it.

Russia has also been accused of human rights violations in Ukraine, particularly in the areas of Ukraine it has occupied. In March 2022, the International Criminal Court issued arrest warrants for Putin and Russian children's rights commissioner Maria Lvova-Belova for the forcible transfer and unlawful deportation of Ukrainian children to Russia. Russian forces have also been accused of committing war crimes with impunity, including torture and ill-treatment of detainees.

Violation of the Geneva Conventions

The Geneva Conventions are a set of four treaties outlining the legal rights and protections afforded to civilians and non-combatants during times of war. They are considered central pillars of international humanitarian law (IHL), which applies to all warring parties regardless of the reasons for the conflict.

The First Geneva Convention, dating back to 1864, stipulates 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 convention requires that prisoners of war be treated humanely and that prison camps be open to inspection by neutral countries or entities.

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

Russia has been accused of violating the Third and Fourth Geneva Conventions in its treatment of Ukrainian prisoners of war and civilians. According to a report by the Office of the United Nations High Commissioner for Human Rights, torture of Ukrainian prisoners of war by Russia is widespread and systematic. Interviews with 174 POWs revealed that 97% experienced torture or ill-treatment, and 68% reported experiencing sexual violence. Additionally, senior Russian officials have called for the execution of Ukrainian POWs, and there are reports of Russian troops executing surrendering Ukrainian soldiers.

Russia has also been accused of arbitrarily detaining thousands of Ukrainian civilians, subjecting them to torture and other cruel, inhuman, or degrading treatment. These actions are in direct violation of the Fourth Geneva Convention, which prohibits unlawful violence, cruel treatment, and torture, and places strict legal grounds on the deprivation of a civilian's liberty.

The Geneva Conventions, along with the Hague Conventions of 1907 and the First Additional Protocol of 1977, govern the conduct of hostilities between Russian and Ukrainian armed forces. Both Ukraine and Russia are parties to the 1949 Geneva Conventions.

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