The Russo-Ukrainian crisis
Why did Russia invade Ukraine?
On 24 February 2022, Russia did the unspeakable and launched a large-scale military invasion of Ukraine. Several officials and war experts called the invasion the largest conventional military attack in Europe since World War II. It is claimed that one of the reasons Russia decided to invade Ukraine was the prospect of Ukraine joining the North Atlantic Treaty Organization (NATO). A military alliance formed in 1949 by 12 countries, including the US, Canada, the UK and France, which promises mutual aid in the event of an invasion. As a matter of historical fact, in response to this so-called “European alliance”, in 1955 Soviet Russia created its own military alliance called the Warsaw Pact. However, this alliance was short lived; when the Soviet Union collapsed, its members joined NATO.
Returning to the present situation, it is clear that due to Ukraine’s geopolitical location (in particular the fact that it shares a border with Russia and the majority of its neighbours are members of NATO), Russia is fearful that NATO is encroaching on its territory by taking on new members in eastern Europe. Hence, one of Russia's prominent demands, prior to the invasion, was that Ukraine should never be allowed to join, which NATO refused to accept.
Russia’s act of war and international law?
Similar to domestic laws that guide us on how to act in society and offer contingency plans for instances where the law is not obeyed, such as enforcement by the police and courts, international law demands sovereign states to act in a certain manner within the confines of their judication. Previously, war was the legally permissible way for states to right the legal wrongs done to them; however, war is no longer a legitimate option for states to enforce international law. Nevertheless, if a state is subject to aggression, similar to the situation unfolding in Ukraine, it is allowed to defend itself under Article 51 of the U.N. Charter. In fact, although the current international law system is grounded in peace, there remain instances where some countries championing this approach do not actually adhere to it. For instance, America’s pre-emptive action in the Iraq war. At any rate, international law has introduced other means to counter violations, such as economic sanctions. However, just as with domestic legal systems, these mechanisms do not always prevent nor adequately punish abuses. Indeed, it is argued that if these measures are not as effective as responding to aggression with aggression in kind, why must they be used?
Regarding the present situation in Ukraine, Russia’s attack on Ukraine is a direct violation of international law. Referencing the principles in Article 2(4) of the U.N. Charter, U.S. Ambassador Linda Thomas-Greenfield declared that “It is an attack on Ukraine’s status as a UN Member State. It violates a basic principle of international law and it defies our Charter.” Hence, the purpose of economic sanctions imposed by number of countries is to illustrate that the sanctity of international law and the consequences for any country that continues to break it. Such has been the case with Russia, which is currently facing the repercussions of its actions- although this approach has failed to halt the invasion. Indeed, many legal commentators believe that the response of other nation states to this violation is equally crucial to highlight the importance of adherence to international laws.
Experts argue that imposing sanctions is a good starting point that strongly echoes the message that breaching international norms will result in serious damage to the aggressor in terms of societal aspects, such as crippling its economy. Therefore, a consistent response to the continued violation highlights the legal principles that the world stands behind and the fact that today, economical duress is more effective than an act of war. Nevertheless, this might not be an easy task as plans now need to be made to hold the alliance together for as long as necessary—for years and perhaps even decades.
Russia’s invasion of Ukraine and human rights concerns
Russia has not only breached international law but also violated international human rights and humanitarian law. Any act of war isn't restricted to soldiers but also civilians who are many times caught up in the crossfire. Indeed, as reported by Amnesty International on at least one occasion, in Kharkiv, video footage shows the tail section of a rocket fired from a military vehicle sticking out of the pavement. Damage to private and public property and deliberate attacks on civilians that kill or injure civilians constitute war crimes. Therefore, it is still to be seen whether the world will hold Putin and Russian’s soldier accountable for committing war crimes?
Ukraine: What happens next?
The grand price for Russia is Kyiv. It is where the presidential office is situated and Russia is hopeful that the Zelensky government quickly capitulate and surrender, to be replaced by a Moscow-leaning puppet government. Hence, as seen in the past few days, Russian’s troops are mainly focusing to progress towards Kyiv. However, Russia was caught off-guard by the level of resistance displayed by Ukraine. In fact, what is actually slowing the incursion are the brave soldiers and civilians of Ukraine who are fearlessly defending their freedom and nation, as due to Ukraine not currently being part of NATO, the alliance could not come to their aid. Indeed, such remarkable resistance by civilians and soldiers has been applauded by many nations. Nevertheless, it is unknown how far this resistance would last, and whether Russia would start using chemical and biological weapons to push through with its invasion. Indeed, nations are hopeful that harsh sanctions would cripple Russia’s economy to a point that the people of Russia would turn on Putin as the morale would drop. As stated by Mr de Bretton-Gordon, “morale is a very powerful sense and loss of it has bought down many armies.” However, currently the situation in Ukraine has evolved into a chess game where each opponent, Russia on one side and Ukraine on the other, waits for the other to make their move while the world watches on with bated breath.
Sources:
https://www.bbc.co.uk/news/world-europe-18023383
https://www.justsecurity.org/80351/putin-cant-destroy-the-international-order-by-himself/
https://www.amnesty.org/en/latest/news/2022/02/soaring-concern-for-human-rights-and-human-lives-as-russia-invades-ukraine/
https://www.bbc.co.uk/news/world-europe-60533425
https://www.mirror.co.uk/news/world-news/russia-ukraine-war-your-questions-26362166
