Frederick V. Perry, The Russian Invasion of Ukraine and the Tottering Principles of International Law: Russia’s Assault on World Norms, 40 Wis. Int'l L.J. 331 (2023).
Abstract
What is the “rule of law”? Does it protect us? Should we, as citizens of the world, be worried, or encouraged, if it changes? “The rules governing resort to force form a central element within international law, and together with other principles such as territorial sovereignty and the independence and equality of states provide the framework for international order.” Russia seems not to have respected any of these principles recently.
On February 24, 2022, Russia invaded the sovereign state of Ukraine, even as the Security Council was meeting to try to avoid conflict. Speaking at that Security Council meeting, the Ukrainian ambassador said: “It is the responsibility of this body to stop the war.... I call on every one of you to do everything possible to stop the war.” Of course, the body was powerless to stop anything, since Russia vetoed a council resolution condemning Russian actions the next day. The stakes are very high, broader than the future of Ukraine; they include some of the foundations of international law and relations, the norms that have made our world work as it does.
The purpose of this paper is not to examine international norms in depth, nor to provide an official indictment of Russian or Russian President Vladimir Putin’s actions. Its purpose is simply to take a broad look at the backdrop of that invasion, what we know so far from the reporting, and some of the major rules of international law that are in play and some of the shortcomings of the system ostensibly designed to prevent the use of armed force, that is, the visible problem with the application of the rule of law on the international scene. Additionally, this paper will explore some suggested methods of dealing with Russian actions in this invasion and will suggest some opportunities for improvement in the broader system of international norms. The other question here is whether the world should have expected this invasion.
