Legal Classification on the Armed Conflict Between Ukraine and Russia in Light of International Humanitarian Law (original) (raw)
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The aim of this article is to classify the armed conflict between Ukraine and Russia in light of international law. Firstly, the Russian armed activities are qualified through the lens of use of force and it is shown that Russia committed an aggression. Secondly, the Russian- Ukrainian conflict is qualified according to the law of armed conflict, not only identifying the applicable norms of law of armed conflict but examining whether atrocities have been committed and whether they are war crimes or mere crimes or acts of terror. The article posits that there is an international armed conflict between Russia and Ukraine and in addition a non-international one between Ukrainian insurgents and governmental forces. The methodology used in the article is legal analysis of documents and international law doctrine.
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Russia's invasion of Ukraine, which has emerged as the biggest threat to international peace and security since the end of the Cold War, is the result of an aim that has spread over time. Also, on February 21, 2022, Putin recognized the eastern Ukrainian provinces of Donetsk and Luhansk as independent states, and in his statement on February 24, Putin justified the armed attack against Ukraine as a "special military operation" carried out in self-defence. However, the UN General Assembly described the attack in question as an act of aggression violating Article 2(4) of the UN Charter, that is, the prohibition on the use of force. However, the violations in question raise important questions and debates not only in terms of jus ad bellum, which regulates when it is right to start a war but also in terms of jus in bello (law of armed conflicts/humanitarian law). The purpose of this article is to analyse the Russia-Ukraine war in terms of jus in bello. The main questions to be answered within the scope of this article are “Is the armed conflict that started with Russia's attack on Ukraine being conducted under international armed conflicts? Do the parties respect the norms of international humanitarian law? Is it possible that states and individuals will be responsible when grave violations of international law on armed conflicts occur? Which court and/or tribunals in this regard –national courts, International Criminal Court, or a hybrid court?-will it be competent in this matter?
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The tension on the Russia-Ukraine border represents a major security crisis for the region, with the potential to snowball into a broader conflict. Ukraine and Russia share hundreds of years of cultural, linguistic, and familial links. For many in Russia and in the ethnically Russian parts of Ukraine, the shared heritage of the countries is an emotional issue that has been exploited for electoral and military purposes. As part of the Soviet Union, Ukraine was the second most powerful Soviet republic after Russia and was crucial strategically, economically, and culturally. The Russo-Ukrainian war is an ongoing conflict between Russia (together with pro-Russian rebel groups) and Ukraine. It began in February 2014, following Ukraine's Dignity Revolution, and was initially focused on international recognition of Crimea and parts of the Donbas as part of Ukraine [1]. Russia is keeping the tensions high at the Ukraine border in order to get sanctions relief and other concessions from the West.
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Russia's conflict with Ukraine which has lasted for a long time has resulted in world commotion and disorder. This problem is certainly an important legal issue to be researched. Based on this, this study aims to examine and analyze the humanitarian law arrangements against Russia's armed attack on Ukraine. The research conducted in this paper is a type of doctrinal research. The conclusion is that based on international humanitarian law arrangements such as the Geneva Conventions, Additional Protocol I 1997 provides protection for civilians and civilian objects in times of war. Russia's act of armed attack is a violation of international humanitarian law. It is hoped that proactive actions from the United Nations will be neutral by carrying out a peaceful settlement. However, if it fails to produce a decision that resolves the conflict, strict sanctions are needed against the violator in accordance with the applicable international humanitarian law regulations.