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Part 3 The Post 9/11-Era (2001–), 63 The Crisis in Ukraine—2014

Mary Ellen O’Connell

From: The Use of Force in International Law: A Case-Based Approach

Edited By: Tom Ruys, Olivier Corten, Alexandra Hofer

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 23 June 2024

Aggression — UN Charter — Peremptory norms / ius cogens

On 28 February 2014, Russian forces moved out of their base on the Black Sea into Crimea, triggering a crisis with Ukraine that quickly spread to Eastern Ukraine. Russia has attempted to justify its actions in Ukraine. On close analysis, no argument is adequate to avoid the charge of aggression, which is any serious violation of United Nations Charter Article 2(4). Article 2(4) is no mere treaty rule. It is jus cogens, a peremptory norm, meaning it is durable, impervious to modification. Facts on the ground in Ukraine may remain unchanged without sufficient international pressure. Regardless, Russia’s presence will remain unlawful.

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