Daniel Kovalik: Why Russia's intervention in Ukraine is legal under international law
Daniel Kovalik teaches International Human Rights at the University of Pittsburgh School of Law, and is author of the recently-released No More War: How the West Violates International Law by Using “Humanitarian” Intervention to Advance Economic and Strategic Interests.
Russian military vehicles move on a highway in an area controlled by Russian-backed separatist forces near Mariupol, Ukraine, Monday, April 18, 2022. Mariupol. © (AP Photo/Alexei Alexandrov)
For many years, I have studied and given much thought to the UN Charter’s prohibition against aggressive war. No one can seriously doubt that the primary purpose of the document – drafted and agreed to on the heels of the horrors of WWII – was and is to prevent war and
“to maintain international peace and security,” a phrase repeated throughout.
As the Justices at Nuremberg correctly
,
“To initiate a war of aggression ... is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole.” That is, war is the paramount crime because all of the evils we so abhor – genocide, crimes against humanity, etc. – are the terrible fruits of the tree of war.
In light of the above, I have spent my entire adult life opposing war and foreign intervention. Of course, as an American, I have had ample occasion to do so given that the US is, as Martin Luther King
,
“the greatest purveyor of violence in the world.” Similarly, Jimmy Carter recently
that the US is
“the most war-like nation in the history of the world.” This is demonstrably true, of course. In my lifetime alone, the US has waged aggressive and unprovoked wars against countries such as Vietnam, Grenada, Panama, the former Yugoslavia, Iraq (twice), Afghanistan, Libya, and Somalia. And this doesn’t even count the numerous proxy wars the US has fought via surrogates (e.g., through the Contras in Nicaragua, various jihadist groups in Syria, and through Saudi Arabia and the UAE in the ongoing war against Yemen).
Indeed, through such wars, the US has done more, and intentionally so, than any nation on earth to undermine the legal pillars prohibiting war. It is in reaction to this, and with the express desire to try to salvage what is left of the UN Charter’s legal prohibitions against aggressive war, that a number of nations, including Russia and China, founded the
.
In short, for the US to complain about Russia’s invasion of Ukraine as a violation of international law is, at best, the pot calling the kettle black. Still, the fact that the US is so obviously hypocritical in this regard does not necessarily mean Washington is automatically wrong. In the end, we must analyze Russia’s conduct on its own merits.
One must begin this discussion by accepting the fact that there was already a war happening in Ukraine for the eight years preceding the Russian military incursion in February 2022. And, this war by the government in Kiev against the Russian-speaking peoples of the Donbass – a war which claimed the
, many of them
, and
even before Russia’s military operation – has been arguably genocidal. That is, the government in Kiev, and especially its neo-Nazi battalions, carried out attacks against these peoples with the intention of destroying, at least in part, the ethnic Russians precisely because of their ethnicity.
While the US government and media are trying hard to obscure these facts, they are undeniable, and were indeed reported by the mainstream Western press before it became inconvenient to do so. Thus,
in 2018 clearly sets out how the neo-Nazis battalions have been integrated into the official Ukrainian military and police forces, and are thus state, or at least quasi-state, actors for which the Ukrainian government bears legal responsibility. As the piece relates, there are 30-some right-wing extremist groups operating in Ukraine, that
“have been formally integrated into Ukraine’s armed forces,” and that “
the more extreme among these groups promote an intolerant and illiberal ideology... ”
That is, they possess and promote hatred towards ethnic Russians, the Roma peoples, and members of the LGBT community as well, and they act out this hatred by attacking, killing, and displacing these peoples. The
the Western human rights group Freedom House for the proposition that
“an increase in patriotic discourse supporting Ukraine in its conflict with Russia has coincided with an apparent increase in both public hate speech, sometimes by public officials and magnified by the media, as well as violence towards vulnerable groups such as the LGBT community.” And this has been accompanied by actual violence. For example,
“Azov and other militias have attacked anti-fascist demonstrations, city council meetings, media outlets, art exhibitions, foreign students and Roma.”
As reported in
, Amnesty International had been reporting on these very same extremist hate groups and their accompanying violent activities as far back as 2014.
It is this very type of evidence – public hate speech combined with large-scale, systemic attacks on the targets of the speech – that has been used to convict individuals of genocide, for example in the Rwandan
against Jean-Paul Akayesu.
To add to this, there are well
of Ukraine who are also Russian citizens. While that estimate was made in April 2021, after Vladimir Putin’s 2019 decree simplified the process of obtaining Russian citizenship for residents of the Donetsk and Lugansk People’s Republics, this means that Russian citizens were being subjected to racialized attack by neo-Nazi groups integrated into the government of Ukraine, and right on the border of Russia.
See link for the rest of the article.