Guerra en Ucraniaperspectiva jurídico-internacional

Abstract

Russia’s armed attack on Ukraine constitutes a serious violation of the rule prohibiting the use of force among states (Art. 2.4 of the UN Charter). There is no rule in force under international law that empowers states to carry out “humanitarian” operations without Security Council authorisation in the wake of alleged massive human rights violations. An attacked State, such as Ukraine, has the right, in its legitimate defence, to seek assistance from other States and international organisations such as the European Union. Since the Charter came into force, no right of conquest is recognised for the acquisition of territory. It would be contradictory to recognise the rule prohibiting the use of force as valid and, at the same time, declare an act committed in violation of this rule to be legal.