Russia’s continued defiance of international law
- October 12, 2022
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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Russia’s continued defiance of international law
Subject :International relations
Context;
- In the recent war against Ukraine Russia has defied all international laws.
- The UN Resolution of March 2022 which was adopted by 141 countries in the United Nations General Assembly demanding that Russia immediate and unconditional withdrawal from Ukraine, Moscow brazenly continued with its illegal military offensive against Kyiv.
International Laws Russia claimed to use in its favour:
- Article 51 of the UN Charter: It provides for self-defence against an armed attack.
- Article 1 of the Charter: The right of self-determination of the people of annexed regions.
- Article 1 of International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights: It provides that a group of people can freely determine their political status.
Rules on occupation:
- Belligerent occupation under the Hague Convention of 1899: Article 43 of the Convention states that if the authority of the legitimate power over territory has passed into the hands of the occupant, the latter shall take all steps in his power to re-establish and ensure public order and safety.Furthermore, while doing so, the occupant shall respect, unless absolutely prevented, the domestic laws of the country whose territory it has occupied.
International Laws with respect to Nuclear threats:
- Treaty on the Prohibition of Nuclear Weapons: Neither Russia nor Ukraine has signed the Treaty.
- UN charter: It provides the right of individual and collective self-defense.If Russia launches a nuclear attack, not only Ukraine but also its allies can launch a counter-attack on Russia in collective self-defense.
UN Security Council Chapter VII : Charter empowers the Security Council to take action even in the case of threat of use of nuclear weapons.