Q.2 Examine the various international laws and treaties involved in the invasion of Ukraine by Russia. Is the invasion justified under international laws and treaties? (10 Marks)

Mentor’s comment-
  • https://www.thehindu.com/opinion/lead/debunking-russias-international-law-justifications/article65094642.ece
  • In the intro, mention Russia’s invasion of Ukraine.
  • In the body mention the various steps taken by Russia such as recognition of the independent territories of Donetsk and Luhansk for which Russia seems to rely on the controversial theory of remedial secession, it requires a very high threshold such as severe violations of human rights and systemic oppression. Use of force by Russia is proscribed by Article 2(4) of the UN Charter. Russia has invoked Article 51 of the UN Charter which recognises the inherent right of individual or collective self-defence in the case of an armed attack by one state against another state. However, Ukraine has not launched an “armed attack” against Russia warranting defensive strikes. Russia has also indirectly invoked the controversial doctrine of humanitarian intervention, also termed Responsibility to Protect (R2P).  Such actions may or may not be authorised by the UN Security Council (UNSC).
  • Conclude by mentioning that various laws and norms are being violated by Russia in its invasion of Ukraine.
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