Kara Sears
The 2022 Russian invasion of Ukraine has been deemed illegal by the international community, violating the United Nations Charter and international law. The conflict has resulted in the loss of lives and injuries on both sides, with the Ukrainian president, Volodymyr Zelenskyy, reporting that at least 137 Ukrainians have been killed and 316 wounded in the attacks. The invasion has also sparked concerns about attacks on nuclear facilities in Ukraine, with the Zaporizhzhia nuclear power plant coming under shelling and occupation by Russian forces. The legality of the Russian invasion and its actions during the conflict has raised questions about the enforcement of international law and the role of the United Nations in holding accountable those who violate its principles.
| Characteristics | Values |
|---|---|
| Invasion of Ukraine legality under international law | Violates the UN Charter and international law |
| Invasion of Ukraine legality under domestic law | Violates the domestic criminal codes of Russia, Ukraine, Belarus, and Poland |
| Legality of Russia's use of force against Ukraine | Violates Article 2(4) of the UN Charter |
| Self-defense justification | Rejected by international law and foreign policy experts |
| Genocide/humanitarian intervention justification | Rejected by experts; unsubstantiated by evidence |
| Legality of Russia's occupation of nuclear facilities in Ukraine | Violates protocols of the Geneva Conventions, rules of International Humanitarian Law, and Russia's own military regulations |
What You'll Learn
International law and the United Nations Charter
The United Nations (UN) has been instrumental in the development and application of international law, which is central to promoting economic and social development, as well as advancing international peace and security. The UN Charter, considered an international treaty, codifies the major principles of international relations, including the sovereign equality of states and the prohibition of the use of force in international relations.
International law defines the legal responsibilities of states in their conduct with each other and their treatment of individuals within state boundaries. It encompasses a broad range of issues, including human rights, disarmament, international crime, refugees, migration, problems of nationality, the treatment of prisoners, the use of force, and the conduct of war. Additionally, international law regulates global commons such as the environment, sustainable development, international waters, outer space, global communications, and world trade.
The UN plays a crucial role in promoting and upholding international law through various mechanisms. The UN Charter, in its preamble, sets the objective "to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained." The General Assembly, composed of representatives from each UN member state, is the primary deliberative body on matters relating to international law. It adopts multilateral treaties, which are then opened for signature and ratification by member states. The Sixth Committee, also composed of representatives from all member states, assists the General Assembly by providing legal advice.
The International Law Commission, established by the General Assembly in 1947 (1948 in one source), promotes the progressive development and codification of international law. It addresses issues relevant to the regulation of relations among states and prepares drafts on aspects of international law. The UN has also established specialised agencies and subsidiary organs, such as the United Nations Commission on International Trade Law (UNCITRAL) and the United Nations Office on Drugs and Crime (UNODC), which contribute to the development of international law and its application in specific areas.
The UN Security Council, authorised by the UN Charter, can approve peacekeeping missions, impose sanctions, or authorise the use of force when there is a threat to international peace and security. The Security Council can also refer certain situations to the International Criminal Court (ICC) if international crimes, such as genocide, crimes against humanity, war crimes, or the crime of aggression, have been committed.
The UN's primary organ for the settlement of disputes between states is the International Court of Justice (ICJ), also known as the World Court. The ICJ, located in The Hague, considers legal disputes submitted by states in accordance with international law. It also provides advisory opinions on legal questions referred to it by authorised UN organs and specialised agencies.
In the context of the 2022 Russian invasion of Ukraine, the applicability and violation of international law, including the UN Charter, have been central issues. The invasion has been widely condemned as a violation of the principles enshrined in the UN Charter, particularly the prohibition on the use of force against other states. Additionally, Russia's justification for the invasion on self-defence and humanitarian intervention grounds has been rejected by international law and foreign policy experts. The legality of the invasion has been further scrutinised by the UN Security Council, General Assembly, Human Rights Commission, and the International Court of Justice, with responses including resolutions, investigations, and rulings aimed at upholding international law and seeking accountability.
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Violation of Ukraine's territorial integrity
The Russian invasion of Ukraine in 2022 violated international law and the territorial integrity of Ukraine. The invasion has been called a crime of aggression under international criminal law and some countries' domestic criminal codes, including Ukraine and Russia.
The 1945 UN Charter, one of the most significant documents in international law, sets out the conditions under which UN member states may legally resort to war or the use of armed force. Article 2(4) of the UN Charter states that all members of the UN:
> [S]hall 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.
The only two exceptions enshrined in the UN Charter are self-defence and an authorisation 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, who claim that Ukraine has not threatened or attacked any other nation.
Russia's invasion of Ukraine also violated international agreements that Russia is a party to, including:
- The 1975 Helsinki Final Act, in which the USSR promised not to violate the "territorial integrity" of other signees, including through the use of force.
- The 1994 Budapest Memorandum, in which Russia, the United States, and the United Kingdom agreed to "respect the independence and sovereignty and the existing borders of Ukraine".
- The Minsk agreements, which are a pair of Ceasefire Agreements signed by Russia and Ukraine relating to the conflict between the countries that began in 2014.
- The 1997 Treaty on Friendship, Cooperation, and Partnership, in which Russia and Ukraine agreed to respect each other's territorial integrity and existing borders.
The violation of Ukraine's territorial integrity by Russia has been widely condemned by the international community, with the United Nations General Assembly passing resolutions chastising Russia for its invasion of Ukraine and calling for an end to the conflict.
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Violation of international agreements
The Russian invasion of Ukraine has been deemed a violation of international agreements and a breach of international law. Here is a detailed overview of the international agreements that were violated:
The 1975 Helsinki Final Act
The 1975 Helsinki Final Act was signed by the USSR, which committed to refraining from violating the "territorial integrity" of other signatories, including through the use of force. Russia and Ukraine were both formed as a result of the breakup of the USSR, and Russia's invasion of Ukraine in 2022 violated this agreement.
The 1994 Budapest Memorandum
The Budapest Memorandum was an agreement between Russia, the United States, and the United Kingdom, in which they agreed to "respect the independence and sovereignty and the existing borders of Ukraine." Russia's invasion of Ukraine breached this agreement.
The Minsk Agreements
The Minsk Agreements refer to a pair of Ceasefire Agreements signed by Russia and Ukraine relating to the conflict between the two countries that began in 2014. Russia's military actions in Ukraine violated the terms of these agreements.
The 1997 Treaty on Friendship, Cooperation, and Partnership
Ukraine has accused Russia of violating the 1997 Treaty on Friendship, Cooperation, and Partnership. This treaty was agreed upon by both countries to respect each other's territorial integrity and existing borders. Ukraine terminated the treaty in December 2018, effective April 2019, due to Russia's annexation of Crimea and actions in the Donbas region.
The United Nations Charter
The United Nations (UN) Charter sets out the conditions under which UN member states, including Russia, can legally resort to war or the use of armed force. Article 2(4) of the UN 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." Russia's invasion of Ukraine is in direct violation of this principle.
The Kellogg-Briand Pact
The Kellogg-Briand Pact, developed by the U.S. and France in 1928, was an early attempt to prohibit war. Dozens of countries, including some of the world's most powerful nations, agreed to settle their disputes peacefully and renounced war as an instrument of national policy. However, compliance with this treaty crumbled with the outbreak of World War II in 1939.
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Domestic criminal codes
The Russian invasion of Ukraine has been deemed a violation of international law, including the Charter of the United Nations. It has also been deemed a crime of aggression under international criminal law and some countries' domestic criminal codes, including those of Ukraine, Russia, Belarus, and Poland.
Under domestic criminal codes, the invasion of a sovereign nation like Ukraine is considered a serious offence. Article 353 of the Russian Criminal Code, for instance, explicitly prohibits the planning, preparation, unleashing, or waging of an aggressive war. This means that any individual or group involved in the decision-making process that led to the invasion of Ukraine could potentially be prosecuted under Russian law. Similarly, the criminal codes of Ukraine (Article 437), Belarus (Article 122), and Poland (Article 117) contain similar prohibitions, demonstrating a broad consensus that such acts of aggression are unacceptable.
The domestic criminal codes of these countries reflect the international community's recognition of the seriousness of such crimes. By including these provisions in their criminal codes, these countries have sent a strong message that violatingsection violating the sovereignty of another nation is a criminal act that will not be tolerated. This consensus is further reinforced by the fact that these countries, despite their own political differences, have all agreed to criminalize such acts of aggression.
While the procedural obstacles to prosecuting those responsible for the invasion of Ukraine under domestic criminal codes are significant, particularly in the case of Russia, the existence of these provisions in multiple countries' legal frameworks underscores the universality of thesection. It is important to note that these domestic criminal codes complement and reinforce the international legal framework that prohibits such acts of aggression.
The domestic criminal codes of Ukraine, Russia, Belarus, and Poland provide a clear legal basis for holding individuals accountable for their role in the invasion. These codes empower law enforcement and judicial authorities to investigate, prosecute, andsection those who violate these provisions. While the political complexities and relationships between these countries may impact the likelihood of successful prosecutions, the existence of these domestic criminal codes sends a strong message of deterrence and reinforces the international community's commitment to upholding the sovereignty of nations.
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International Criminal Court
The International Criminal Court (ICC) is a significant body of international law, established by the Rome Statute, with the power to prosecute and try individuals for genocide, war crimes, crimes against humanity, and crimes of aggression.
In the context of the Russia-Ukraine conflict, the ICC has played a crucial role in seeking accountability for any potential violations of international law. Ukraine, while not a signatory to the Rome Statute, has accepted the ICC's jurisdiction ad hoc, allowing the Court to investigate alleged war crimes committed during the conflict.
On 28 February 2022, the ICC announced its intention to investigate war crimes and crimes against humanity in Ukraine since 21 November 2013. This was followed by a formal investigation launched on 2 March 2022, led by Karim Ahmad Khan, the ICC prosecutor. The investigation focuses on allegations of war crimes, crimes against humanity, and genocide in Ukraine by any person from 21 November 2013 onwards. However, crimes of aggression are not included in the investigation due to procedural obstacles.
The ICC investigation in Ukraine faces several challenges. Firstly, the Court cannot prosecute defendants in absentia, which means that accused individuals must be brought to The Hague. Secondly, crimes of aggression can only be prosecuted against leaders of states that are members of the ICC, unless the UN Security Council makes a referral. Russia is not a member of the ICC and holds veto power as a permanent member of the UN Security Council, making a referral highly unlikely.
Despite these obstacles, the ICC's investigation in Ukraine sends a strong message that any violations of international law will not be tolerated. The Court's efforts are crucial in pursuing justice and accountability for potential war crimes and crimes against humanity committed during the conflict.
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Frequently asked questions
Russia's invasion of Ukraine violated international law, including the Charter of the United Nations, the Kellogg-Briand Pact, the Helsinki Final Act, the Budapest Memorandum, the Minsk agreements, and the Treaty on Friendship, Cooperation, and Partnership.
A crime of aggression is defined 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."
Protocols I and II of the Geneva Conventions and the Rules of Humanitarian Law prohibit attacks on nuclear facilities and have created norms of international behaviour that appear to have been violated by Russian actions in Ukraine.
The challenge of enforcing international law remains, as there is no standing international police force. Compliance is primarily left to individual nations, who may impose economic or diplomatic sanctions. In the case of Ukraine, the International Court of Justice ruled that Russia must "immediately suspend military operations," but Russia boycotted the hearing and ignored the ruling.
