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

Polish Yearbook of International Law, Vol. 34 (2014), pp. 35-56

26 Pages Posted: 2 Nov 2015

See all articles by Patrycja Grzebyk

Patrycja Grzebyk

University of Warsaw - Faculty of Journalism and Political Studies

Multiple version iconThere are 2 versions of this paper

Date Written: July 3, 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

JEL Classification: K33

Suggested Citation

Grzebyk, Patrycja, Classification of the Conflict between Ukraine and Russia in International Law (Ius ad Bellum and Ius in Bello) (July 3, 2015). Polish Yearbook of International Law, Vol. 34 (2014), pp. 35-56 , Available at SSRN: https://ssrn.com/abstract=2676132

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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