Escalation of the conflict between Russia and Ukraine in 2022 in light of the law on use of force and international humanitarian law (original) (raw)
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War or Peace? -International Legal Issues concerning the Use of Force in the Russia-Ukraine Conflict
Hungarian Journal of Legal Studies, Vol. 63., No. 3., 2022
The Russian Federation launched an armed invasion of Ukraine on 24 February 2022, resulting in an international armed conflict of a level unprecedented since the Second World War. This article attempts to clarify the main international legal issues concerning the use of force and the support to of the belligerent parties. In the first part, it evaluates the Russian claims that the use of force is in accordance with the rules of international law, i.e. whether self-defence, the protection of nationals or humanitarian intervention could justify the intervention. In the second part, it investigates whether supporting one of the belligerent parties, especially Ukraine, could amount to a violation of the rules of neutrality or even constitute participation in the Russia-Ukraine conflict.
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Paix et Securite Internationales, 2022
The research focuses on a legal analysis of some facts and events taking place during the 2022 Russian invasion of Ukraine through the prism of international law. The article analyzes different facets of the current conflict that trigger such major topics of international law as the threat and use of force, cyberattacks, recognition, international humanitarian law, international criminal law and many others. Special attention is paid to legal reasoning articulated by the Russian Federation in order to justify its aggression against Ukraine, in particular, to the claim of self-defense and the accusations of genocide, dispelling them. Furthermore, the relevance of international humanitarian law for the current conflict and the prospects of bringing to responsibility for the crimes committed on the territory of Ukraine both through the prism of national and international criminal law are explored. Finally, special emphasis is given to the challenges that the Russian aggression against Ukraine poses to international law and the international community as a whole.
THE RUSSIAN-UKRAINE CONFLICT IN AN INTERNATIONAL HUMANITARIAN LAW PERSPECTIVE
With various kinds of Russian actions that are suspected to be inconsistent with the provisions of international humanitarian law, it is appropriate to explore what actions the Russian military carried out against Ukrainian civil society and what consequences they felt. This research will discuss Russia's actions in invading Ukraine which have the potential to give rise to humanitarian disputes that can be questioned legally. The research method used in writing this journal is a juridical-normative type of research. The nature of the research used is descriptive. The results of the research and discussion reveal that Russia's attack on Ukraine has undermined the principles of international humanitarian law such as the principles of non-intervention and humanity because Russia has injured the sovereignty of the Ukrainian state by intervening in the country and even carrying out armed attacks against a sovereign state that claims to exist. and damaging state infrastructure as regulated in Additional Protocol I of 1977 which regulates the protection of civilians and civilian objects.
Revista Ruptura
The International Court of Justice, to ensure friendly relationships between the international community, has recognized the importance of the principles of non-intervention and prohibited the use of force as a limit and guarantee of the sovereignty of nations. Nevertheless, during 2022 actions have been presented in the context of the Russia-Ukraine conflict that can be considered illegal inferences that involve the use of force. The present article aims to analyze the events that occurred during this conflict and contrast them with the international principles of non-intervention and prohibited use of force based on the ICJ jurisprudence and doctrinal approaches. In conclusion, the transgression of the analyzed principles by Russia against Ukraine is argued, which leads to the existence of international liability and the duty to repair and indemnify.
Russian Conflict On Ukraine Based On Humanitarian Law Perspective
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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.
Russia's Military Invasion of Ukraine in 2022: Aim, Reasons, and Implications 3
Fedorenko V., Fedorenko M. Russia’s Military Invasion of Ukraine in 2022: Aim, Reasons, and Implications. Krytyka Prawa, Niezależne studia nad prawem. tom 14, nr 1/2022. S. 7-42, 2022
The publication examines the legal nature of wars, looks into the law of war genesis, reviews its conventions, as well as identifies the aim, objectives, causes together with the consequences of Russia's military aggression on February 24, 2022; it provides a testimony on the war of aggression against Ukraine and identifies its threats to postwar international law and order. The aim of the article is to determine the background, nature, fundamentals and nature of the war the Russian Federation launched on February 24, 2022 against Ukraine within the context of confrontation with the values of Western democracy. Historical-legal dialectical, comparative-legal and system-structural methods, as well as methods of formal logic (induction and deduction, analysis and synthesis, abstraction and concretization, etc.) were used to study the issues. The application of these research methods entails a cross-sectoral scientific nature. Wars have accompanied the entire history of mankind. Since the 17th century the theoretical foundations of the law of war have been laid, which enshrined in international laws and customs of warfare (Geneva Conventions, Hague Convention, etc.) since the 19th century, thus forming the international humanitarian law.
Russia’s War against Ukraine: A Contravention of International Humanitarian Law
American Journal of Society and Law
In February 2022, Russian forces invaded Ukraine and began targeting military objectives in some major Ukrainian cities. In the following months, airstrikes continued and extended to other areas of Ukraine, including the capital Kyiv. Attacks started being conducted against civilians too. For instance, it has been reported that an apartment complex outside of Kharkiv was directly targeted. International humanitarian law, or the laws of war, protects civilians and noncombatants from the dangers of armed conflict. It addresses the conduct of hostilities-the means and methods of warfare - by all parties to a conflict. Foremost is the rule that parties to a conflict must always distinguish between combatants and civilians. While humanitarian law recognizes that some civilian casualties are inevitable during hostilities, it imposes a duty on parties to the conflict to distinguish between combatants and civilians at all times, and to target only combatants and other military objectives. C...
Polish Review of International and European Law
The article deals with the relationship between international law and power politics in the light of the Russian aggression against Ukraine. The relationship between international law and politics is very close, even natural, since the principles and rules of international law primarily act in international relations, that is in a political reality. It is the problem of observance and violations of the legal principles and rules on the use of force that is the key point of reference for the discussion of this issue. The serious breach of Article 2(4) of the UN Charter by Russia, the crime of aggression and other alleged crimes committed during this international armed conflict incline the author to address some questions on the power and weakness of international law. The power of international law is severely tested when it comes to the unilateral use of force by states. The Russian aggression against Ukraine is arguably the most important such test since the end of World War II, a...
Russia’s Military Invasion of Ukraine in 2022: Aim, Reasons, and Implications
Krytyka Prawa, 2022
The publication examines the legal nature of wars, looks into the law of war genesis, reviews its conventions, as well as identifies the aim, objectives, causes together with the consequences of Russia's military aggression on February 24, 2022; it provides a testimony on the war of aggression against Ukraine and identifies its threats to postwar international law and order. The aim of the article is to determine the background, nature, fundamentals and nature of the war the Russian Federation launched on February 24, 2022 against Ukraine within the context of confrontation with the values of Western democracy. Historical-legal dialectical, comparative-legal and system-structural methods, as well as methods of formal logic (induction and deduction, analysis and synthesis, abstraction and concretization, etc.) were used to study the issues. The application of these research methods entails a cross-sectoral scientific nature. Wars have accompanied the entire history of mankind. Since the 17th century the theoretical foundations of the law of war have been laid, which enshrined in international laws and customs of warfare (Geneva Conventions, Hague Convention, etc.) since the 19th century, thus forming the international humanitarian law.
IJSES, 2023
This article discusses the international law implications of Russia's invasion of Ukraine. The 2014 Russian military intervention in Ukraine raised significant concerns regarding sovereignty, territorial integrity, and the use of force in international relations. This article examined the applicable international law, treaties, and customary laws. The activities of Russia have an impact on international law, government accountability, and global peace and security. This normative legal study employed the theory of aggressiveness. Literature investigation provides data. This study utilises secondary data extracted from primary, secondary, and non-legal sources. Followed the qualitative analysis with a descriptive presentation. According to the research, Russia's actions violate international law, violate human rights, and destabilise the region. For this transgression to be adequately addressed, a robust international response and international law enforcement are required.