Legal Adaptation of Russia’s Reasons for its War against Ukraine According to the UN Charter
Dr. Diala Ali Al Ta’ani
Associate Professor of Public International Law
Faculty of Law, Yarmouk University, Irbid, Hashemite Kingdom of Jordan
Dr. Aqeel Ahmad Al Zuqaibah
Assistant Professor of Public International Law
Faculty of Law, Yarmouk University, Irbid, Hashemite Kingdom of Jordan
Abstract:
This research paper deals with the legal adaptation of the most important reasons announced by Russia for its invasion of Ukraine, which was represented in preserving its national security, which would be in danger, in the event that Ukraine joined the North Atlantic Treaty Organization (NATO), in addition to its right to legitimate self-defence, including preventive defence. This study also aims to demonstrate the compatibility of these reasons with the principles stipulated in the Charter of the United Nations, through two main axes. The first of which is the preservation of security as a reason for the use of force by Russia, and the second is the legitimate defence as the basis for this war. The researchers followed the analytical descriptive approach and used it to clarify the main problem. It was concluded that the justifications provided by Russia are not consistent with cases of legitimate use of force, and therefore these reasons are considered illegitimate and insufficient to wage war, and Russia must bear international responsibility.
Keywords: Russia, Ukraine, legal preventive defence, collective security, and use of force