Editors’ Note: This post is derived from a presentation given at the 2023 Israel Defense Forces Military Advocate General’s 4th International Conference on the Law of Armed Conflict.
In spite of the complex legal issues that Russia’s full-scale war in Ukraine has raised for States that seek to bring to an end this flagrant violation of international law, its jus ad bellum aspects seem fairly straightforward. There is no need to assess different interpretations of the right of self-defence, intricate arguments related to the availability of a UN Security Council resolution, or the consent of the territorial State. Unlike a number of earlier uses of force of doubtful legality, this is a textbook case of an act of aggression. While the legal characterization of the “special military operation,” as Russia calls it, is not likely to raise questions, there is reason to reflect on its broader implications. In particular, how could such action by a permanent member of the Security Council affect the Charter-based regime on collective security, including the integrity and power of the general prohibition of the use of force?
In this regard, it should be recalled that the prohibition on the use of force has proved resilient in the past, including in the face of deliberate efforts to change its established interpretation. This was the case, for instance, with the discussion on humanitarian intervention after the 1999 Kosovo War and the pre-emptive self-defence argument presented in the National Security Strategy of the United States under the George W. Bush administration. Neither effort proved fruitful, and the UN World Summit of 2005 concluded that the UN Charter’s provisions on the use of force offered a sufficient basis for addressing all potential threats to international security.
Reaffirming the Jus ad Bellum Framework
Read more
https://lieber.westpoint.edu/jus-ad-bellum-aspects-russian-war-ukraine/
