Classification of the Conflict between Ukraine and Russia in International Law (Ius Ad Bellum and Ius in Bello)

(2015) Polish Yearbook of International Law 2014, vol. XXXIV, pp. 39-60, ISSN 0554-498X

Posted: 30 Sep 2015

See all articles by Patrycja Grzebyk

Patrycja Grzebyk

University of Warsaw - Faculty of Journalism and Political Studies

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Date Written: March 29, 2015

Abstract

The aim of this article is to classify the armed conflict between Ukraine and Russia in light of international law. Firstly, the Russian armed activities are qualified through the lens of use of force and it is shown that Russia committed an aggression. Secondly, the Russian-Ukrainian conflict is qualified according to the law of armed conflict, not only identifying the applicable norms of law of armed conflict but examining whether atrocities have been committed and whether they are war crimes or mere crimes or acts of terror. The article posits that there is an international armed conflict between Russia and Ukraine and in addition a non-international one between Ukrainian insurgents and governmental forces. The methodology used in the article is legal analysis of documents and international law doctrine.

Keywords: aggression, armed conflict, Crimea, Donetsk, international conflict, Russian Federation, self-determination, Ukraine

Suggested Citation

Grzebyk, Patrycja, Classification of the Conflict between Ukraine and Russia in International Law (Ius Ad Bellum and Ius in Bello) (March 29, 2015). (2015) Polish Yearbook of International Law 2014, vol. XXXIV, pp. 39-60, ISSN 0554-498X, Available at SSRN: https://ssrn.com/abstract=2666919

Patrycja Grzebyk (Contact Author)

University of Warsaw - Faculty of Journalism and Political Studies ( email )

Krakowskie PrzedmieĊ›cie 3
Warsaw, 00-927
Poland

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