Russia's invasion of Ukraine, launched on February 24, 2022, is viewed as justified or unjustified depending on the legal and political framework used. Here are the main positions and arguments made by each side:
1. Russia's Stated Justifications:
The Russian government has given several reasons for what it calls a "Special Military Operation":
•Protection of Russian-speaking populations: Russia claimed it was intervening to protect populations in the Donetsk and Luhansk regions of eastern Ukraine after eight years of conflict there, and claimed genocide was being carried out against them.
•Security concerns over NATO expansion: Russia argued that NATO's eastward expansion and the potential for Ukraine to join NATO posed an existential security threat and that Ukraine was being used as a staging ground for Western military infrastructure.
•Demilitarization and Denazification: Russia stated goals were to demilitarize and denazify Ukraine, claiming the Ukrainian government was under the influence of neo-Nazi elements.
•Self-defense and Historical claims: Russia invoked Article 51 of the UN Charter on self-defense, and President Vladimir Putin has cited historical ties, arguing Ukraine is not a separate state but a historical part of Russia.
•Request for intervention: Russia recognized the Donetsk People's Republic and Luhansk People's Republic as independent states two days before the invasion and said it was intervening at their request.
2. Ukraine's and Most of the International Community's Position:
Ukraine, the United Nations, the International Court of Justice, and the majority of countries reject those justifications:
•Violation of Sovereignty and Territorial Integrity: They argue the invasion violates Article 2(4) of the UN Charter, which prohibits the use of force against the territorial integrity or political independence of another state. Ukraine is a recognized sovereign state within its 1991 borders.
•Violation of International Agreements: They point to the 1994 Budapest Memorandum, in which Russia, the US, and the UK agreed to respect Ukraine's sovereignty and borders in exchange for Ukraine giving up its Soviet-era nuclear weapons.
•Rejection of Legal Claims: The UN General Assembly passed resolutions ES-11/1, ES-11/2 and others condemning the invasion as an act of aggression and demanding full withdrawal. The International Court of Justice found no evidence to substantiate Russia's claim of genocide in Donbas as a basis for the invasion.
•No Security Council Authorization: The use of force was not authorized by the UN Security Council, and most international legal scholars conclude the Article 51 self-defense claim does not apply because there was no armed attack by Ukraine on Russia.
•Right to Self-Determination and Alliances: Ukraine and its allies argue that as a sovereign state, Ukraine has the right to choose its own alliances and foreign policy.
3. Under International Law:
Under the interpretation of international law held by the UN and most states and international legal scholars, the invasion is considered illegal and an act of aggression. Under the interpretation held by the Russian government, it is considered a legal and necessary defensive action.
Whether the action is seen as "justified" often depends on whether one prioritizes the principle of state sovereignty and the UN prohibition on the use of force, or Russia's stated security and historical concerns.