Kara Sears
Russia's invasion of Ukraine has been deemed a violation of international law, including the Charter of the United Nations. This invasion has also been labelled a crime of aggression under international criminal law, as well as under the domestic criminal codes of Ukraine and Russia. The legality of the invasion is a separate issue from whether individual political officials or combatants have committed war crimes or crimes against humanity. Before the invasion, Russia recognised two parts of eastern Ukraine as sovereign states, the so-called people's republics of Donetsk and Luhansk, which do not qualify as states under international law.
| Characteristics | Values |
|---|---|
| Violation of international law | Yes |
| Violation of the Charter of the United Nations | Yes |
| Crime of aggression under international criminal law | Yes |
| Crime of aggression under domestic criminal codes of Ukraine and Russia | Yes |
| Recognition of breakaway parts of Ukraine as sovereign states | Yes |
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What You'll Learn
- Russia's recognition of breakaway parts of Ukraine as sovereign states breached international law
- The invasion of Ukraine violated the Charter of the United Nations
- The invasion of Ukraine is a crime of aggression under international criminal law
- The invasion of Ukraine is a crime of aggression under some countries' domestic criminal codes
- The legality of the invasion is distinct from whether individual political officials or combatants have engaged in war crimes or crimes against humanity
Russia's recognition of breakaway parts of Ukraine as sovereign states breached international law
International law has rules about what qualifies as a state and, therefore, what entities get the rights that follow from statehood. These rules are a compromise between two approaches. One is hard-headed realism, which says that whoever has control on the ground should be acknowledged, even if they are lawbreakers or dictators rather than democrats. The other approach is idealism, enshrined in the United Nations Charter, which became binding international law in 1945. One of the rules in the charter is that states must not use military force against other states, except defensively or if the UN Security Council authorises it.
Russia's invasion of Ukraine violated international law, including the Charter of the United Nations. It has also been called a crime of aggression under international criminal law and some countries' domestic criminal codes, including those of Ukraine and Russia. However, procedural obstacles exist to prosecutions under these laws.
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The invasion of Ukraine violated the Charter of the United Nations
The Charter of the United Nations, which became binding international law in 1945, states that states must not use military force against other states, except in self-defence or when authorised by the UN Security Council. Russia's invasion of Ukraine was not in self-defence, nor was it authorised by the UN Security Council. Therefore, Russia's invasion of Ukraine was a violation of international law.
Russia's recognition of two parts of eastern Ukraine as sovereign states – the so-called people's republics of Donetsk and Luhansk – also breached international law. The Luhansk and Donetsk regions of Ukraine do not qualify as states under international law, but Russia is reinterpreting those norms for its own purposes. This recognition is central to the arguments made by both Russia and the West about the invasion.
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. However, procedural obstacles exist to prosecutions under these laws.
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The invasion of Ukraine is a crime of aggression under international criminal law
Russia's recognition of two parts of eastern Ukraine as sovereign states – the so-called people's republics of Donetsk and Luhansk – is also central to the legal debate surrounding the invasion. These regions do not qualify as states under international law, but Russia is reinterpreting those norms for its own purposes. This recognition is seen as a breach of international law and a challenge to the rules of statehood.
While Russia can argue that it acted legally, the invasion has been called a crime of aggression under international criminal law, as well as under some countries' domestic criminal codes, including those of Ukraine and Russia. However, procedural obstacles exist to prosecutions under these laws.
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The invasion of Ukraine is a crime of aggression under some countries' domestic criminal codes
Russia's recognition of two breakaway parts of Ukraine as sovereign states – the so-called people's republics of Donetsk and Luhansk – is also central to the legal debate surrounding the invasion. These regions do not qualify as states under international law, but Russia is reinterpreting those norms for its own purposes.
Despite these legal arguments, Russia maintains that it acted legally. However, the legality of the invasion is a separate issue from whether individual political officials or combatants have engaged in war crimes or crimes against humanity.
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The legality of the invasion is distinct from whether individual political officials or combatants have engaged in war crimes or crimes against humanity
The legality of the Russian invasion of Ukraine is distinct from whether individual political officials or combatants have engaged in war crimes or crimes against humanity. Russia's invasion of Ukraine violated international law, including the Charter of the United Nations, which states that military force must not be used against other states except defensively or if the UN Security Council authorises it. Russia's recognition of the Luhansk and Donetsk regions of Ukraine as sovereign states before the invasion is also considered a breach of international law, as these regions do not qualify as states under international law. Despite these breaches, Russia has argued that it acted legally. The legality of the invasion per se is a separate issue from any potential war crimes or crimes against humanity committed by individuals during the conflict.
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Frequently asked questions
Yes. Russia broke international law by invading Ukraine. The Luhansk and Donetsk regions of Ukraine do not qualify as states under international law, but Russia is reinterpreting those norms for its own purposes.
Yes. Russia broke the Charter of the United Nations, which became binding international law in 1945, by using military force against another state.
Yes. The invasion of Ukraine has been called a crime of aggression under international criminal law, and under some countries' domestic criminal codes – including those of Ukraine and Russia.
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