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The Russian Invasion of Ukraine: Legal Aspects

(Institute for National Security Studies-Tel Aviv University) Col. (res.) Adv. Pnina Sharvit Baruch and Ori Beeri - The Russian invasion of Ukraine is the most extensive belligerent action between states since the end of World War II. The invasion constitutes an unequivocal and blatant violation of Article 2(4) of the UN Charter, which prohibits states from using, or threatening to use, force against the territorial integrity or political independence of another state. Putin tried to justify the invasion based on Article 51 of the UN Charter, which recognizes the "inherent right" of a state to use force in self-defense in response to an armed attack. Clearly there is no factual basis to the claim that Russia was under a concrete threat, which could justify a claim of "self-defense." Furthermore, the use of force in self-defense is subject to principles of necessity, i.e., the lack of a non-violent way to remove the threat, and of proportionality, i.e., the force used does not exceed what is required to deal with the threat. The Russian action plainly fails to meet these principles. Moreover, there are many reports of Russian forces committing war crimes, such as deliberate attacks on civilians, disproportionate use of force, and use of prohibited weapons. Pnina Sharvit Baruch served in the International Law Department of the IDF Military Advocate General unit for 20 years, including five as the unit's head. Adv. Ori Beeri is coordinator of the Law and National Security program at INSS.
2022-03-17 00:00:00
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