The Russian Government’s conquest of Ukrainian territory is incompatible with international law

The Russian Government’s invasion of Ukraine – an independent state – is in breach of Article 2(4) of the United Nations Charter, which reads: “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, or in any other manner inconsistent with the Purposes of the United Nations [emphasis added]”.  193 states – comprising most of the world’s territory and population – are Member States of the United Nations.  By accepting Membership thereof, Russia has already agreed to observe the provisions of the United Nations Charter – which, by virtue of their acceptance and observance by almost all the world’s independent states, are also a constituent part of customary international law.  From the start of the Russian invasion of Ukraine on the morning of Thursday 24th February 2022 until the present time (i.e., Monday 18th April 2022), the Ukrainian Government – whose state (i.e., Ukraine) is also a Member State of the United Nations – has been acting in accordance with Article 51 of the United Nations Charter, which reads “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security [emphasis added].” By defending itself and its people with proportional force against the incursions of the Russian military on Ukrainian territory, the Ukrainian Government has been acting in accordance with the United Nations Charter.  Given the above reasoning, the Russian Government is legally obliged to: (1) promptly halt its military activities in Ukraine, (2) withdraw all Russian forces from the territory of the latter, and (3) formally return all the land that it has conquered in Ukraine forthwith to the Ukrainian Government by means of a Russo-Ukrainian treaty, signed under the auspices of the United Nations (of which both Russia and Ukraine are Member States).

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