TITLE:
Aggression and Determination: Two Basic Issues of International Law in the Russia-Ukraine Conflict
AUTHORS:
Keran Zhao, Fengcheng Xiao
KEYWORDS:
Aggression, Determination, Neutrality, International Law, United Nations Charter, Armed Conflict
JOURNAL NAME:
Beijing Law Review,
Vol.13 No.2,
May
30,
2022
ABSTRACT: After the conflict between Russia and Ukraine broke out, western countries such as the United States regarded Russia as the aggressor, and asked other countries to do the same, but China, India, Brazil, Turkey and other countries did not accept such request and took a neutral position, which made western countries such as the United States very dissatisfied. Aggression and neutrality have become two basic issues of international law that cannot be avoided by the international community today in dealing with the conflict between Russia and Ukraine, which deeply affect the attitude, thinking and process of resolving this conflict. In accordance with the provisions of the United Nations Charter, the existence of any act of aggression shall only be determined by the Security Council, and individual or collective determination made by any country has no legal effect under the international law. However, the Security Council does not always determine, and in cases where the Security Council fails to do so, the natural rights of countries outside the conflict to remain neutral about the conflict still exist. The provisions of the United Nations Charter on the determination of aggression act are the most important achievements of international law formed on the basis of experience and lessons from the two world wars and are of great practical significance to the guarantee of international peace and security, and abandoning and ignoring them will undermine the foundations of today’s international order. Law is the stabilizer of politics and diplomacy. Acting in accordance with the United Nations Charter helps us to have a realistic view of the causes of conflicts, and is conducive to the resolution of conflicts and the restoration of peace. Failure to do so often adds fuel to the fire and expands the conflict, which can easily lead to consequences worse than the conflict itself.