![]() The UN Charter – the founding document of the UN that is binding on all 193 UN Member States including Russia and Ukraine – enshrines the prohibition of the threat or use of force. It concludes that Russia’s use of force is unlawful. This article examines the justifications Russia has put forward by reference to international law. Russia has not denied this accusation, and instead has sought to justify its use of force. However, as a starting point, it is clear that Russia’s actions constitute a use of force within the meaning of Article 2.4 of the UN Charter and customary international law. The UN Secretary General, António Guterres, has acknowledged that the Russian invasion is a “ violation of international law”. Abdulla Shahid, the President of the United Nations’ (the “ UN”) General Assembly, said that the military offensive launched by Russia violates “ the territorial integrity and sovereignty of Ukraine and is inconsistent with the Charter of the United Nations”. Large sections of the international community consider Russia’s actions in Ukraine to be an illegal use of force. Fighting has caused heavy casualties on both sides, including among Ukrainian civilians. Ukraine did not consent to Russia’s actions and has resisted the Russian forces fiercely. Almost simultaneously, Russian armed forces entered Ukrainian territory in significant numbers. On 24 February 2022, President Vladimir Putin announced to the Russian people and the world that he had authorised a “ special military operation” against Ukraine (the “ Address”). The first article of the series explores the use of force under international law, whilst the second article will focus on the position under international criminal law. This is the first part of a two-part article series that discusses the implications of the Russian invasion of Ukraine under international law.
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