On the third anniversary of Russia’s full-scale invasion of Ukraine, the world seems upside down: victims of illegal aggression are at fault, democratically elected Presidents are dictators, and criminal regimes are now trusted partners for peace. Of course, none of this is true and the labeling of aggressors as somehow lawful drives a coach and horses through the most fundamental precepts of international law. But be in no doubt, if peace in Ukraine and Europe is to rest on these falsehoods, then it will not only determine Ukraine’s fate as a sovereign state but will also shape the future of international law and the global order it purports to protect. Ukrainian sacrifice and courage are not just about Ukraine’s independence but are a battle for the principles that define the very foundations of international law, which have, albeit imperfectly, allowed the world an unprecedented period of peace and stability since World War II.
Of course, Ukraine longs for peace. The last eleven years have been painful, and every Ukrainian has suffered and is exhausted. But in the search for a sustainable resolution to Russia’s unlawful war, it is important to remember what remains at the heart of this conflict – an attempt by a state to upend international law and return to the days where might is right and where sovereignty and democracy can be destroyed by aggression and violations of international humanitarian law.
No peace treaty concluded under the threat or use of force is valid. It is entirely void as a matter of international law. Russia’s brutal actions against Ukraine violate the most important precept of international law – the prohibition of the use of force to change sovereign borders. It follows as night follows day that any treaty – a so-called ‘peace deal’ – that validates or legitimises Russia’s illegal annexation of Ukrainian territory will itself be illegal and null and void. Under international law, states are obligated not to recognise or assist this illegality. Conversely, they must do what they can, individually or collectively, to contest this outcome and lend support to ensure that Ukraine can end the aggression from a position of strength and thus on its own terms.
According to increasingly loud and belligerent voices, peace is all that matters. Well, that is for Ukrainians to decide, and certainly not for others to dictate. It is Ukraine that is the victim, not Russia or any other interested state. Indeed, third states are legally obliged to support Ukraine’s notion of peace, which is consistent with international law, including the UN Charter – a cornerstone of our increasingly frayed rule of law. This encompasses, however seemingly remote, the return of all Ukrainian territory occupied since 2014, and accountability for all internationally legal wrongs. This includes continued support for Ukraine’s valiant efforts, nationally and internationally, to obtain accountability for the horrific aggression, war crimes, crimes against humanity and possibly even genocide perpetrated by Russia against a civilian population. Reparations are due and cannot be traded away for an uneasy peace. Sanctions must remain until they are paid.
The prohibition of using force to undermine sovereignty and territorial integrity on weaker states exists precisely to inhibit these excesses and ensure accountability when these violations occur. This is not merely about Ukraine. It is about what kind of world we want to live in. A world where brute force and tyranny triumph, or a world where any negotiated peace is based on the rule of law, especially sovereignty, independence and an irrevocable right of self-determination.
Photo: Serhii Nuzhnenko (Radio Free Europe/Radio Liberty) / the Collection of war.ukraine.ua