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Legal Justification of Russia Invading Ukraine.

Its inconclusive that by Russia attacking Ukraine they are using force in the sense of

article 2(4) of the UN charter. With missile and aerial strikes across Ukrainian territory and

Russian ground forces entering Ukraine from multiple directions, there is now no doubt that the

Russian Federation has used ‘force’ in the sense of Article 2(4) of the UN Charter against

Ukraine, and has done so on a large scale. The burden is now on Russia to attempt to justify this

use of force in legal terms. [1] As the ICJ held in Nicaragua, para. 266, it is not for the Court –

and I would add for international lawyers more generally – to ‘ascribe to States legal views

which they do not themselves formulate.’ We should take into account only those justifications

that Russian government officials themselves formally offer, and evaluate them objectively. 

Second, as an argument of collective self-defense of the (supposedly independent)

Donetsk and Luhansk republics. Article 1(2) of the UN Charter affirms the right to self-

determination. In the case of Ukraine, the territories of Donetsk and Luhansk have the right to

“freely determine their political status and freely pursue their economic, social and cultural

development,” even if it comes at odds with the existing territorial integrity of Ukraine. The

Donetsk and Luhansk independent republics justified their secession on the basis of security —

the Ukrainian government could no longer provide for their needs. Another legal theory

regarding secession is called the remedial right to secede (RRS). [2] This theory stipulates that

under international law, people can declare themselves independent (or join another state) when

they feel that their government can no longer provide for them. However, a more compelling

argument is that states do not have this right to secede, but instead garner recognition by other

states upon seceding, which really gives states power. Thus, there is a careful balance between

such recognition: international recognition after an illegal secession is the only way states can
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come into the international sphere, but such international recognition is not always properly

monitored for justness.  On February 22nd, 2022, President Vladimir Putin acknowledged the

independence of the Donetsk and Luhansk People’s Republics.

Russia’s Strategy is anchored in international law. In the case of Donetsk and Luhansk,

Russia moved troops across the Ukrainian border promptly after recognizing the independence of

these two regions. It is no coincidence that Russia’s actions were so tightly coordinated. If

Russia acknowledges that these two territories are independent states and have their own

representation in the international sphere, then the Republics can use their right to collective self-

defense against the Ukrainian government for violating their territorial sovereignty under Article

51 of the UN Charter. This right allows for states to call on 3rd party states to ensure their

protection; in this case Russia supporting the separatists. 

References

[1] M. Milanovic, “What is Russia’s Legal Justification for Using Force against Ukraine?,” EJIL

TALK, 2022. https://www.ejiltalk.org/what-is-russias-legal-justification-for-using-force-against-

ukraine/ (accessed Nov. 14, 2022).

[2] Brown Under graduate law review, “Russia’s Legal Justification for War in Ukraine,” 2022.