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
- Subject(s):
- 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.
