Russia's invasion of Ukraine on February 24, 2022 is viewed as justified or unjustified depending on the legal and political framework used. Here are the main arguments and facts:
1. Russia's Stated Justifications
The Russian government has given several reasons for what it calls its "special military operation":
•Security concerns over NATO expansion: Russia argues that NATO's eastward expansion toward its borders, and the prospect of Ukraine joining NATO, posed an existential security threat.
•Protection of Russian-speaking populations: Russia claimed it needed to protect ethnic Russians and Russian-speakers in the Donetsk and Luhansk regions of eastern Ukraine from persecution and what it described as genocide by the Ukrainian government. In 2014, Russia-backed separatists declared the Donetsk People's Republic and Luhansk People's Republic, which Russia recognized as independent states 3 days before the 2022 invasion.
•Self-defense under Article 51 of the UN Charter: Russia invoked self-defense and claimed it was invited to intervene by the authorities of the Donetsk and Luhansk republics.
•Historical and political claims: Russian leadership has argued that Ukraine is historically part of Russia's sphere of influence and that the Ukrainian government after the 2014 Maidan revolution was illegitimate and influenced by anti-Russian Western powers.
2. Ukraine and International Counter-Arguments
Ukraine, and the large majority of the international community, reject those justifications:
•Violation of sovereignty and territorial integrity: Ukraine is a recognized sovereign state within its 1991 borders. Under the UN Charter, Article 2(4) prohibits the use of force against the territorial integrity or political independence of any state.
•Rejection of the genocide and protection claims: No international court or independent UN investigation found evidence of genocide in Donbas prior to 2022. Ukraine and international observers argue the protection of Russian speakers was a pretext.
•NATO membership was not imminent: At the time of the invasion, Ukraine was not on a formal path to immediate NATO membership, and NATO describes itself as a defensive alliance.
•Lack of authorization for force: The invasion was not authorized by the UN Security Council. The UN General Assembly passed resolutions ES-11/1, ES-11/2 and ES-11/4 condemning the invasion as aggression and calling for Russia to withdraw, with 141-143 votes in favor.
3. Position Under International Law
Most international legal scholars and international bodies, including the UN General Assembly, the International Court of Justice, and the International Criminal Court, have described the invasion as an act of aggression and a violation of international law.
Russia disputes this interpretation, arguing its actions are consistent with self-defense and the right to protect its nationals and allies.
Summary
•If judged by the UN Charter and prevailing international law as interpreted by the UN General Assembly and most states, the invasion is considered illegal and unjustified.
•If judged by Russia's own security and political framework, the Russian government considers it justified and necessary for national security.
Whether the invasion is considered justified therefore depends on which legal and political standard is applied.