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United Nations and International Law

26.02.22 104 Source: THE HINDU
United Nations and International Law

The Russian Aggression on Ukraine and International Law.

Yesterday, Russia launched a full-scale invasion on Ukraine. The Russian actions have been widely condemned and raise several questions concerning violation of international law. The principle of non-intervention is enshrined in article 2(4) of the UN Charter. It requires states to refrain from using force or threat of using force against territorial integrity or political independence of any state. The Russian attack on Ukraine is violative of this principle, and amounts to aggression under international law. Russia’s desire to keep Ukraine out of NATO is a prime reason for its use of force against Ukraine. Russia has claimed it is acting in self-defence as Ukraine could acquire nuclear weapons with the help of its western allies. However, the International Court of Justice in the Legality of Threat of Nuclear Weapons case held that mere possession of nuclear weapons does not constitute a threat. Further, mere membership in a defence alliance like NATO can also not be considered a threat of aggression.

Pushkar Anand Varsha Singh

The story so far: The annexation of Crimea in 2014 by Russia, following the removal of Victor Yanukovych as the President, was the first major military flare-up in the Russo-Ukrainian relations. The Crimean annexation by Russia was met with imposition of sanctions. However, Russia is still in occupation of Crimea, and post 2014 its activities have centred around fomenting separatists in eastern Ukraine. In January 2021, the Ukrainian President Volodymyr Zelensky appealed the U.S. to let it join NATO, following which Russia started amassing troops near the borders of eastern Ukraine. Tensions escalated quickly from December 2021 when Russia demanded NATO to give up its military activities in eastern Europe and Ukraine, followed by a Russian cyberattack on the Ukrainian government website. On 22 February, Russia recognised the self-declared Donetsk and Luhansk republics in the Donbass region of eastern Ukraine, and sent Russian troops to these territories. Finally, yesterday Russia launched a full-scale invasion on Ukraine. The Russian actions have been condemned widely and raise several questions concerning violation of international law.

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