Illegal War in Ukraine

Illegal War in Ukraine

For a fortnight, one story has dominated the news causing anxiety and fear all over the world. On February 24th, 2022, Russian troops invaded Ukraine and from then, this invasion has escalated into War between the two nations.

While Russian President Vladimir Putin falsely claims that the invasion was in self- defence; this war is malicious and uncertain with an increasing cost of human life.

The international criminal court (ICC) was established in 1998 in The Hague, Netherlands and began sittings on July 1st, 2022. The purpose of the ICC is to prosecute and convict those who have committed war crimes, genocide, or crimes against humanity. Over 60 countries signed the Rome Statute which is a treaty that covers four core international crimes: crimes of aggression, genocide, war crimes and crimes against humanity – of all who signed the treaty not a single country is above these laws. The point of the Rome Statute was to maintain peace and a simple order of Laws among the countries who signed the agreement. By invading Ukraine without reasonable excuse - Putin has started an illegal war.

ICC Prosecutor Karim A.A Khan QC, quoted from his statement surrounding the situation in Ukraine (March 2nd, 2022) said “With an active investigation now underway, I repeat my call to all those engaged in hostilities in Ukraine to adhere strictly to the applicable rules of international humanitarian law. No individual in Ukraine situation has a licence to commit crimes within the authority of the International Criminal Court.”  This statement was made after the ICC received referrals from 39 member states relating the ongoing situation with an investigation being opened. However, evidence will need to be collected to link Russia to the atrocities, eyewitnesses and testimonies will need to be collected in relation to the case. Putin appears to have broken these rules by declaring War against Ukraine.

Putin has violated the international law by invading a country that is weaker than his own - this act of force goes against the international prohibition of attacking a sovereign nation. Putin is committing crimes of War with this invasion and must be made to face trial for these violations of policies. In the aftermath of World War Two, these rules were implemented in the hope that weaker states would no longer fall victim to stronger states on a basis of fairness and human rights. Yet, this has little ramifications to the unfolding devastation in Ukraine as the war continues and lives are lost. War however is brutal and unforgiving - the consequence of which is that the perpetrator denies and ignores the laws that they are committed to abide by. Putin, like the tyrants who came before him, has little consideration for the rules and Laws as he wreaks havoc upon countries smaller than his own.

The war continues with little sign of respite for Ukraine, as Russian troops continue to attack the state - countries from around the world are holding talks about how they might help. Several charity organisations are appealing for donations to help Ukraine and several celebrities have shown support for the country. Several brands have halted their business with Russia in response to the invasion. Apple, PayPal, and Zara are amongst the high-profile brands who have stopped their business in Russia in a hope to show solidarity for Ukraine. Sanctions have also been imposed on Russia which sees funds and bank accounts being frozen. However, with the level of crypto assets in Russia it is becoming increasingly difficult to starve the nation of funds. It is important to address these advances in technology and how they can also jeopardise and be used for Russia to further avail their advances.

Putin is in direct violation of the international law and therefore his war is an illegal one. These laws are a set of principles that each country agrees on and must uphold, at the centre of this is the rule that countries should not invade each other. International Law is a set of rules and standards among nations which are seen as binding. The idea of this was to ensure solidarity as the nations were able to discuss and lay rules which related especially to their own state. While the context of which might have changed, the general principles of the laws had to abide by a set of laws. These Laws consist of: Laws of the sea, Economic, diplomatic, human rights, and humanitarian laws. Countries jointly develop these Laws and often pass their own legislation which makes them accountable.

The war is being censored, Russia has often been criticised for how it censors its media and people. This instance is more severe however as the Laws passed by the President mean that Russians are having social media blocked and are not allowed to protest through fear of imprisonment. This appears to crack down on free speech which instigates military censorship. While news outlets are unable to report about the war or information regarding the military. Reputable news outlets have pulled journalists out of the country because of Putin’s rules which criminalise independent journalism. This evidence of controlled parliament means that Putin can keep the world news away from testimonies of what is happening. These preventative measures are to ensure that the news of war does not reach a domestic audience, he is therefore lying to his people.

The timeline of events leading up to this war demonstrate the tensions building up between the two nations. However, for Putin’s war to be justified, Ukraine would have needed to have imposed an armed attack to begin with- they did not and therefore there is no evidence that Russia is acting in self-defence. The unity of the west has aligned to stand against Russia, but they are a large and formidable opponent.

As the war continues to ripple through Ukraine; it is unclear for how long this conflict will last. Putin may face charges for this war and will have to answer for it in the ICC. One thing remains clear and that is the devastation of unnecessary loss of life in Ukraine as Russia’s forces are relentless.

Article by Dana Archer