Russian Conflict On Ukraine Based On Humanitarian Law Perspective (original) (raw)
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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.
UKRAINE CRISIS; WAR CRIMES AND THE POSITION OF INTERNATIONAL HUMANITARIAN LAW
2022
As the adage goes, when bulls are fighting, the grasses are torn. In the same sense, when states are hit by war tension, the lives and rights of the civilians are at stake. The Ukraine-Russia war has created more chaos to the rights and lives of the civilians and ruined the 21 st diplomatic strategy of peaceful negotiation as put forward by the United Nations. Suppression of human rights and deliberate violation of the rules on conducts of war has been manifested in the Ukraine-Russian tension and ignited global humanitarian concerns.
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...
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.
Author's , 2022
Human rights are the prima facie need for an individual. Human rights are therefore important to be observed and to be protected universally. The long lasted cold war between Russia & Ukraine have officially turned into an extreme political and armed conflict since the Russian Invasion done on 24th of February 2022. The legal perspective of UNO about the Russian invasion in Ukraine under the scope of UN Charter and IHL is being analyzed by the research using a qualitative approach. It presents the ways Ukraine crisis emphasize IHL and IHRL violations and how Ukraine’s humanitarian crisis could utilize IHRL and IHL in its defense. Mainly, due to the evident violations of human rights, the research intends to analysis how the IHL and peace of the world being affected under the light of UN Charter. As an objective of the research, the research describes UN’s role that had been played in the crisis as a mean of mitigating adverse effects of the war. Therefore, the UN Charter as the primary source is being used to prove the violations and the effects that are possible to the world by the said crisis. The researcher utilized UN Charter as the center piece since UNO can be considered as the main international body that has the recommendations according to the findings of the research is aimed on possible contributions to the law to mitigate and prevent violations of law similar to what is happening in Ukraine as a result of Russian military attacks. Keywords: Ukraine Crisis, International Humanitarian Law, International Human Rights Law, United Nations Charter, Violation of International Law
2015
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.
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.
Legal classification of the armed conflict in Ukraine in light of international humanitarian law
Hungarian Journal of Legal Studies
The armed conflict in Ukraine shows how difficult it sometimes is to clearly identify the nature of armed conflict. This is connected primarily with the lack of the full range of information on facts-knowledge of which is essential for determining the degree of control by a third country (Russia) over non-State party to an armed conflict (Ukrainian separatists). It is especially difficult to make such an assessment while armed conflict continues and is undoubtedly easier when the judgment is made after the fact, when there is access to intelligence and testimony of witnesses. This paper presents a factual section which then concentrates on the legal framework for armed conflicts in general and examines the types of armed conflicts and international humanitarian law applicable to them. The legal ramifications are followed by an analysis of the events in the Crimea and eastern Ukraine in order to apply the law to the facts. The author attempts to establish whether the situation in the Crimea and eastern Ukraine is an international or non-international armed conflict and what law is applicable.
Cuestiones Políticas, 2021
The article analyzes the content of international legal acts related to the protection of the rights of victims of military conflicts. At the same time, its results identify the characteristics of its implementation in Ukraine. It has been established that some of these legal sources have not been ratified by Ukraine or otherwise Ukraine has not given them a binding legal effect. Using a documentary-based methodology close to legal and political hermeneutics, this article develops scientifically sound and relevant proposals aimed at improving the legal mechanism to protect the legitimate interests and rights of the victims of the military conflict in Eastern Ukraine. It is concluded that the current legal problems not only negatively affect the state of law enforcement activity in Ukraine, which is directly related to the content of this process, but also does not allow adequate influence on the determinants that give rise to, and cause military and territorial conflicts in Ukraine,...
Escalation of the conflict between Russia and Ukraine in 2022 in light of the law on use of force and international humanitarian law, Polish Yearbook of International Law 2022, vol. XLI, p. 145-162, 2022
The aim of this article is to assess the military operation started on 24 February 2022 by Russia against Ukraine in light of the law on use of force, having in mind all the justifications officially expressed by Russian authorities and in light of international humanitarian law. The author claims that there is no justification for the Russian military action and thus it must be qualified as aggression. This, due to the serious violation of the peremptory norm, implies obligations on the part of states and international organizations (i.e. the international community). In addition, the current conduct of hostilities clearly shows that it is mainly Russian forces which neglect international humanitarian law principles, which might amount to war crimes.