USQ Law Society Law Review
Andrew Backhouse
Winter 2022
WHY RUSSIA’S INVASION OF UKRAINE IS NOT JUSTIFIED UNDER INTERNATIONAL LAW ANDREW BACKHOUSE I
INTRODUCTION
This article examines Russia’s invasion of Ukraine in respect to international law. It argues that Russia’s threats against Ukraine and subsequent invasion breaches international law. Moreover, it contends that Russia’s use of force against Ukraine contravenes both treaty law; such as the Charter of the United Nations, and customary international law. Russia’s justifications for the invasion; self-defence of Russia and collective self-defence of two breakaway regions in Ukraine are also examined and found to be invalid. And finally, this article assesses what actions the international community may take and briefly examines the issue of state responsibility.
II
MILITARY ACTIONS IN UKRAINE
Russian President Vladimir Putin announced a “special operation” in Ukraine on 24 February 2022. On that day, Russian forces entered Ukraine north from Belarussian territory, east from Russia and north from Crimea.1 Russia’s justification for the military intervention was selfdefence in aid of two self-proclaimed States in the Donbas – in the Donetsk and Luhansk regions.2 Mr Putin also claimed the action was in self-defence of Russia.3
III
PROHIBITIONS ON THE USE OF FORCE
The use or threat of military or armed force is broadly prohibited by international law, with the exception of self-defence or if authorised by the United Nations (UN). The Charter of the United Nations art 2(3) (UN Charter) requires that ‘all members must settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.’4 Article 2(4) of the UN Charter requires that “all members refrain in their international relations from the threat or use of force against the territorial integrity or political
Jessie Yeung et al, ‘Russia attacks Ukraine’, CNN (Online 24 February 2022) https://edition.cnn.com/europe/live-news/ukraine-russia-news-02-2322/h_ec5f24d5accb8f8503aabdc63e3fd22d. 1
Al Jazeera staff, ‘‘No other option’: Excerpts of Putin’s speech declaring war’, Al Jazeera (Online 24 February 2022) https://www.aljazeera.com/news/2022/2/24/putins-speech-declaring-war-on-ukraine-translated-excerpts. 2
3
Ibid.
4
Charter of the United Nations art 2(3).
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