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I.R.
Komal gupta

24/02/22 17:40 PM IST

Russia attack on Ukraine

In News

A full-scale invasion of Ukraine was initiated by Russian forces. The Russian activities have been extensively denounced, and they pose a number of issues about whether or not they violated international law.

International Law

  • On the concept of non-interference in domestic matters is founded the present international order, which is a fundamental tenet of international relations.
  • According to article 2(4) of the United Nations Charter, governments are prohibited from using or threatening to use force against the territorial integrity or political independence of any other state, and they must refrain from doing so. Forcible trespassing on the territory of another state is prohibited under any circumstances, even if it is for a brief or limited purpose such as a 'in and out' operation, according to the Convention. In international law, the Russian war on Ukraine is a violation of the norm of non-intervention, and it constitutes aggression against the country. Aggression is defined by the United Nations General Assembly Resolution 3314 (1974) as the use of military force by one state against the sovereignty, territorial integrity, or political independence of another.
  • Aggression is also regarded a criminal act under customary international law and the Rome Statute of the International Criminal Court, which established the International Criminal Court.
  • One of the primary motivations for Russia's use of force against Ukraine is the country's aim to keep Ukraine out of the NATO alliance.
  • Furthermore, by resorting to the use of force, Russia has violated article 2(3) of the UN Charter, which mandates that nations settle their differences via peaceful methods in order to maintain international peace and security.

Ukraine Self Defence

  • In the event that Russia employs force against Ukraine, Ukraine has the right to defend itself under international law.
  • Article 51 of the United Nations Charter grants a state the right to use individual or collective self-defence until the Security Council takes action to restore international peace and security to the situation.
  • In this particular instance, it appears improbable that the UN Security Council would reach a conclusion because Russia is a permanent member with veto power.
  • Ukraine, on the other hand, has the right, under international law, to request aid from other countries in the form of military support, weapons supply, and so on.
  • The Russian government, on the other side, has asserted that it is acting in self-defence. This argument is problematic because Ukraine has made no use of force or issued any similar threats against Russia during this time period.
  • Furthermore, simply being a member of a defence organisation such as NATO does not automatically imply a threat of attack towards the country that is a member. As a result, Russia is unable to claim self-defense in this situation as well.

Way Forward

The resumption of the Minsk peace process would be a viable answer to the current situation. Consequently, the West (including the United States and other western countries) should encourage both parties to begin discussions and to honour their promises under the Minsk accord in order to restore relative calm along the border.

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