In January 2021, Ukrainian President Volodymyr Zelensky requested the U.S. to allow it to join NATO, observing which Russia began accumulating troops near the borders of eastern Ukraine. Tensions escalated rapidly from December 2021 when Russia requested NATO to give up its military training in eastern Europe and Ukraine, followed by a Russian cyberattack on the Ukrainian government website.
On 22 February 2022, Russia recognized the self-declared Donetsk and Luhansk republics in the Donbass region of eastern Ukraine and sent Russian troops to these territories. Finally, Russia initiated a full-scale invasion of Ukraine. The Russian actions have been criticized widely and raise several questions concerning the violation of international law.
What is UN Charter?
The principle of non-intervention in domestic affairs is the foundational principle on which the existing international order is based.
The principle is in article 2(4) of the UN Charter assigns nations to abstain from using force or threat of using force against the territorial integrity or political independence of any state. It restricts any kind of forcible trespassing in the territory of another state, even if it is for temporary or limited operations such as an ‘in and out the operation.
Text of Article 2(4)
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.
The Russian attack on Ukraine is violative of the non-intervention principle and amounts to aggression under international law.
The UN General Assembly Resolution 3314 (1974) defines aggression as the use of armed force by a state against the sovereignty, territorial integrity or political independence of another state.
Russia’s intention to keep Ukraine out of NATO is a prime reason for its use of force against Ukraine. This is violative of Ukraine’s political independence under article 2(4) as Ukraine is a sovereign state that is free to decide which organizations it wants to join. Also, by resorting to using force, Russia has violated article 2(3) which requires the states to settle their dispute by peaceful means to conserve international peace and security.
What is the principle of self-defence
Ukraine has the right to self-defence under international law. The UN Charter under article 51 authorizes a state to resort to an individual or collective self-defence until the Security Council takes steps to ensure international peace and security. In this case, it seems doubtful for the UNSC to decide as Russia is a permanent member and has veto power. However, Ukraine has a right under international law to request assistance from other states in form of military assistance, supply of weapons, etc.
On the other hand, Russia has also asserted that it is performing in self-defence. This claim is controversial, as there has been no use of force or such warnings against Russia by Ukraine. It has been claimed by Russia that Ukraine may obtain nuclear weapons with the help of western allies. However, the International Court of Justice (ICJ) in the Legality of Threat of Nuclear Weapons case held that mere ownership of nuclear weapons does not necessarily constitute a threat.
Thus, even if Ukraine has, or were to obtain nuclear weapons in the future, it does not become a ground for invoking self defence by Russia. Further, mere membership in a defence alliance such as NATO cannot necessarily be considered as a threat of aggression against Russia. Thus, here too Russia cannot invoke self-defence.
Russia Capital: Moscow;
Russia Currency: Rouble;
Russia President: Vladimir Putin;
Ukraine President: Volodymyr Zelensky;
Ukraine Capital: Kyiv;
Ukraine Currency: Ukrainian hryvnia.
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