The Consequences of the Recent Russian Airstrike in Ukraine

Russia’s most recent attempt at taking control of the war it created in Ukraine has inevitably led to devastating and even deadly consequences for the Ukrainian people. Such consequences, however, are not only deadly but also likely illegal. Russia’s most recent efforts to seize control of Ukraine, by means of airstrikes, likely violate international law.

Russia likely violated principles on the conduct of hostilities under international humanitarian law with its deadly airstrikes on Ukraine. Moreover, a spokesperson for the U.N. Office of the High Commissioner for Human Rights (OHCHR) said, “We are gravely concerned that some of the attacks appear to have targeted critical civilian infrastructure … indicating that these strikes may have violated the principles on the conduct of hostilities under international humanitarian law,” Ravina Shamdasani told a news conference in early October.

When Russia attacked Ukraine with airstrikes, Russia likely violated Article 2(4) of the United Nations Charter. Under Article 2(4)of the U.N. Charter, “ All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State.” The only exception is self-defense and where such use of force is
authorized by the U.N. Security Council (Chapter VII of the U.N. Charter).

Such exceptions detailed in Chapter VII do not apply here. Not only was Russia not acting in self-defense, but Russia was also the initial aggressor. This is because Russia attacked first, and thus not responding in self-defense. This leads to the conclusion Russia’s actions are likely unlawful under international law.

As a result of Russia’s attack, the UN may have the right to deny Russia any privileges, remove them from their seat and even kick them out of both the U.N. and U.N. Security Council. However, this may be unlikely.

The U.N. is there to keep diplomacy going. There is every reason to keep the doors open for meetings and talks. Sadly, a reflexive action to discontinue Russian participation due to the desire to “send a message” is entirely at cross purposes to the U.N. The U.N. is not there to keep the peace, it is there to maintain diplomatic channels.

Although the next steps that the U.N., other countries, and other world leaders may take remain unclear, what is clear is that the deadly Russian strikes of last week likely violated international law; and this has dangerous consequences.

Article Written by Devon Brown

Sources

Reuters – Deadly Russian strikes may have violated international law principles – UN – October 16, 2022, available at https://www.reuters.com/world/europe/deadly-russian-strikes-may-have-violated-international-law-principles-un-2022-10-11/

Council on Foreign Relations – How Russia’s Invasion of Ukraine Violates International Law – October 16, 2022, available at https://www.cfr.org/article/how-russias-invasion-ukraine-violates-international-law?amp

The Washington Post – Biden says Putin ‘totally miscalculated’ Ukraine invasion amid calls for air defense systems – October 16, 2022, available at https://www.washingtonpost.com/world/2022/10/11/russia-ukraine-war-latest-updates/