Is Russia's invasion of Ukraine justified?
I'll examine the legal claims around Russia's invasion of Ukraine and the international response.
Russia's full-scale invasion of Ukraine launched on February 24, 2022 has been widely assessed as illegal under international law, though Russia has offered several justifications for its actions.
1. What International Law Says
The central rule governing use of force is in the United Nations Charter:
> Article 2(4) of the United Nations Charter, which prohibits "the threat or use of force against the territorial integrity or political independence of any state."
Recognized as a peremptory norm-or jus cogens-this prohibition is non-derogable and universally binding.
Exceptions to this rule are extremely limited. Article 51 of the UN Charter permits self-defence only in response to an armed attack, and Chapter VII authorizes collective action through the UN Security Council to restore peace and security. Neither of these exceptions applied to Russia's invasion. Ukraine did not launch an armed attack against Russia, and the Security Council did not authorize any use of force.
Legal analysis concludes:
> Under no scenario is Russia’s armed invasion of Ukraine legal under contemporary international law and norms
> Self-defense is the only justification for use of force against another country, according to international law. This condition is found in the U.N. Charter and is binding for all 193 U.N. member countries
> The charter’s only clear exception to prohibiting the use of force is self-defense, “if an armed attack occurs” against a country
> Nothing that Ukraine has done to date could be construed as an “armed attack” on Russia and justify any Russian claim to self-defense
The UN Secretary-General said Russia's invasion directly conflicts with the Charter, and Amnesty International said:
> Russia’s invasion of Ukraine is a clear violation of the United Nations Charter and an act of aggression that is a crime under international law
The EU and UN statements have described it as:
> Russia’s illegal war of aggression blatantly breaches the core principles and rules of the UN Charter, including the sovereignty and territorial integrity of Ukraine
The UN General Assembly voted to condemn the invasion. The Security Council voted 11 to 1 to condemn Russia’s invasion, but the resolution was vetoed by Russia. The General Assembly voted 141 to five to censure Russia's aggression. Other General Assembly resolutions "overwhelmingly adopted a resolution demanding the Russian Federation immediately end its invasion of Ukraine and unconditionally withdraw all its military forces".
2. Russia's Stated Justifications
Russia invoked international law and the UN Charter to justify its invasion. In his February 2022 speech, President Vladimir Putin claimed:
Other specific claims include:
3. Why Those Justifications Are Rejected by Most Legal Authorities
Even if the claim were true, it would not justify countrywide attacks. Humanitarian intervention is not a legally recognized exception to the prohibition on the use of force.
> Any Russian discomfort about NATO expansion cannot justify its brutal invasion of Ukraine
There was also no imminent prospect of Ukraine joining NATO at the time of the invasion.
4. Enforcement
While the Charter prohibits aggression, there is no standing international police force to enforce international law. The UN Security Council has authority to authorize use of force, but this is unrealistic because Russia holds veto power as a permanent member. The ICJ decides disputes, and the General Assembly resolutions condemning Russia are not legally binding but reflect consensus.
Citations (2)
- The Legality of Russia's Invasion of Ukraine Under International Law
Backs: “What International Law Says. The central rule governing use of force is in the United Nations Charter: Article 2(4) of the United Nations Charter, which prohibits "the threat or use of force against the territorial integrity or political independence of any state."”
- International law says Putin’s war against Ukraine is illegal. Does that matter? – Fletcher Russia and Eurasia Program
Backs: “Ukraine did not launch an armed attack against Russia, and the Security Council did not authorize any use of force. Legal analysis concludes: Under no scenario is Russia’s armed invasion of Ukraine legal under contemporary international law and norms”