International Laws Putin Violated: Understanding The Red Lines Crossed

Russian President Vladimir Putin has been accused of breaking several laws during his time in office. In March 2023, the International Criminal Court issued an arrest warrant for Putin for war crimes related to his alleged criminal responsibility for illegal child abductions during the war in Ukraine. Putin has also been accused of violating the most fundamental principle of the international legal order by invading Ukraine, which has led to international condemnation and expanded sanctions.

In addition to these allegations, Putin has also been criticised for his handling of the Kursk submarine disaster in 2000, his role in the imprisonment and suppression of political opponents, intimidation and censorship of independent media in Russia, and a lack of free and fair elections. Putin has also been accused of plagiarism in his academic work and of breaking his own driving rules by not wearing a seatbelt.

Putin's invasion of Ukraine broke the most fundamental principle of the international legal order: the prohibition on the use of force

The prohibition on the use of force is not just a legal principle; it is a moral and ethical one. By invading Ukraine, Putin put millions of lives at risk, caused widespread destruction, and triggered a global crisis. The invasion has resulted in countless deaths, injuries, and displacement, with civilians bearing the brunt of the violence.

Putin's actions have been widely condemned by the international community, including the UN Security Council, the UN General Assembly, and numerous individual countries. The invasion has also led to economic sanctions against Russia and its exclusion from various international organizations.

In addition to violating international law, Putin's invasion of Ukraine also broke several international agreements, including the 1975 Helsinki Final Act, the 1994 Budapest Memorandum, the Minsk agreements, and the 1997 Treaty on Friendship, Cooperation, and Partnership.

Putin's justifications for the invasion, such as self-defense and humanitarian intervention, have been rejected by legal experts and scholars. The invasion has been called a crime of aggression under international criminal law and has resulted in calls for Putin to be charged with war crimes.

The consequences of Putin's violation of the prohibition on the use of force are still unfolding, but it is clear that his actions have had a devastating impact on Ukraine and the world.

Putin's invasion of Ukraine violated Article 2(4) of the U.N. Charter

Putin's invasion of Ukraine in February 2022 violated Article 2(4) of the U.N. Charter, a central tenet of the charter that requires U.N. member states to refrain from the "use of force against the territorial integrity or political independence of any state." This invasion has also been called a crime of aggression under international criminal law.

Article 2(4) of the U.N. Charter is a critical provision that prohibits the "use of force" against other states. This principle was flagrantly violated by Russia's military incursion into Ukrainian territory, which resulted in widespread condemnation and the imposition of international sanctions.

The only two exceptions to Article 2(4) are self-defence and an authorisation by the Security Council. However, Russia's justification of self-defence under Article 51 of the U.N. Charter holds no merit, as Ukraine did not commit or threaten an armed attack against Russia or any other U.N. member state.

Putin's claims of "genocide" and comparisons of Ukraine to a Nazi state were baseless and did not provide legal grounds for the invasion. Russia's recognition of Donetsk and Luhansk as independent states also contradicted international law on state sovereignty and secession.

The invasion of Ukraine 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.

By breaching Article 2(4) of the U.N. Charter, Russia's military intervention in Ukraine has been deemed a crime of aggression, and Putin and other Russian officials could face an investigation and potential prosecution for war crimes.

Putin's invasion of Ukraine violated the Kellogg-Briand Pact of 1928 and the U.N. Charter of 1945, which prohibit war as a way for states to enforce international law

On 24 February 2022, Russian President Vladimir Putin announced a "special military operation" in Ukraine, launching a full-scale invasion of the country. This invasion has been met with international condemnation and has resulted in expanded sanctions against Russia and Putin himself.

Putin's invasion of Ukraine violated the Kellogg-Briand Pact of 1928 and the U.N. Charter of 1945, which prohibit war as a means for states to enforce international law.

The Kellogg-Briand Pact, officially known as the General Treaty for Renunciation of War as an Instrument of National Policy, is an international agreement signed by Germany, France, and the United States on 27 August 1928, with most other states signing soon after. The pact's main text is a concise statement of its purpose:

> The High Contracting Parties solemnly declare in the names of their respective peoples that they condemn recourse to war for the solution of international controversies and renounce it as an instrument of national policy in their relations with one another.

The pact further states that all disputes or conflicts between the signatory states "shall never be sought except by pacific means." The pact remains in effect and has served as a legal basis for the concept of a crime against peace, which was used to prosecute and execute German leaders responsible for starting World War II.

The U.N. Charter, signed on 26 June 1945, and which came into force on 24 October 1945, is the founding document of the United Nations. As an international treaty, it is considered an instrument of international law, and UN Member States are bound by it.

Chapter I of the U.N. Charter, which outlines the purposes and principles of the United Nations, includes the following statement:

> To save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind...

Additionally, Article 2, paragraph 4 of the U.N. Charter states:

> 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.

By invading Ukraine, Putin violated these fundamental principles of the Kellogg-Briand Pact and the U.N. Charter, which reject war as a means to resolve international disputes and emphasise the importance of maintaining international peace and security.

Putin's invasion of Ukraine violated the principle of sovereign integrity

The invasion of Ukraine by Russia in 2022 was preceded by a massive military build-up. Russia began increasing its military presence near its border with Ukraine in March and April 2021. Although the Russian government repeatedly denied that it intended to invade Ukraine, the US government released intelligence of Russian invasion plans in December 2021, including satellite photographs showing Russian troops and equipment near the Ukrainian border.

On 21 February 2022, Russian President Vladimir Putin gave a televised speech questioning the legitimacy of Ukraine's statehood and indicating that he intended to immediately recognize the independence of Donetsk and Luhansk. On the evening of 23 February, Putin addressed his nation on television, announcing a "special military operation" in Ukraine. Putin claimed that Russian military intervention in Ukraine was necessary to "protect people who have been subjected to abuse and genocide" by the Ukrainian government and to "protect Russia and our people".

The invasion of Ukraine violated international law, including the Charter of the United Nations. The invasion has also been called a crime of aggression under international criminal law, and under some countries' domestic criminal codes – including those of Ukraine and Russia. Article 2(4) of the UN Charter provides 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."

The norm of state sovereignty is a fundamental norm in international relations. It encompasses the norm of territorial integrity, which has been widely accepted since the end of the Second World War. Large-scale interstate wars have been exceptional since then due to the significance placed on state sovereignty and its contribution to the stability of the international system. By invading and even incorporating parts of Ukraine, Russia severely violated Ukraine's sovereignty.

Putin has tried to justify the violation of Ukraine's sovereignty by arguing that the current Ukrainian state is the consequence of some improvident administrative decisions made during the Soviet era. He claims that the collapse of the Soviet Union left Russia robbed and people found themselves taken away from their historical motherland. Putin also argues that anti-Russian forces sought to artificially divide Russians and Ukrainians and that Ukraine became a pawn in a geopolitical game where external Western control turned Ukraine into a springboard against Russia. Putin concludes that Ukraine can only be truly sovereign in partnership with Russia.

In essence, Putin argues that Ukraine and Russia, and even Ukrainians and Russians, are artificially separated. In his view, Ukraine is being controlled by anti-Russian elites; therefore, Ukraine is not truly sovereign. With this conclusion, Putin undermines the importance of internationally recognized state borders and claims that state sovereignty is conditional on the people living there and on a government free from foreign control. Putin not only downplayed Ukraine's sovereignty rhetorically but also put his words into action a mere six months later.

Putin's actions and statements that tie a state's sovereignty and territorial integrity to historical perspectives and the ruling regime have the potential to undermine the importance of the principle of state sovereignty. State sovereignty, as codified in the UN Charter, entails the norm against territorial conquest by force. By annexing large parts of Ukrainian territory, Putin violates the longstanding norm against territorial conquest.

Putin's invasion of Ukraine violated the principle of freely given consent

Putin's invasion of Ukraine in 2022 violated the principle of freely given consent and broke several laws. The invasion was a violation of the UN Charter, which requires UN member states to refrain from the "use of force against the territorial integrity or political independence of any state." It also broke international agreements that Russia is a party to, including the 1975 Helsinki Final Act, the 1994 Budapest Memorandum, the Minsk agreements, and the 1997 Treaty on Friendship, Cooperation, and Partnership.

Putin's actions also violated the principle of freely given consent by forcibly annexing Crimea from Ukraine in 2014 and supporting a war in eastern Ukraine through several military incursions. These actions resulted in international sanctions and a financial crisis in Russia.

In addition to breaking international law, Putin's invasion of Ukraine also violated some countries' domestic criminal codes, including those of Russia, Ukraine, Belarus, and Poland. For example, Article 353 of the Russian Criminal Code prohibits planning, preparing, unleashing, or waging an aggressive war.

Putin's justifications for the invasion, including self-defence and humanitarian intervention, have been widely rejected by international law and foreign policy experts. The invasion has been described as an illegal act of aggression and a violation of the territorial integrity of a sovereign nation.

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