From Maidan to war: legal qualification and international dimensions of the armed conflict between Russia and Ukrainе
DOI:
https://doi.org/10.15330/apiclu.68.4.29-4.39Keywords:
armed conflict, international humanitarian law, aggression, annexation of Crimea, Revolution of Dignity, war crimes, international responsibilityAbstract
The article reveals the legal aspects and the international dimension of the armed conflict between the Russian Federation and Ukraine, which began after the Revolution of Dignity and is characterized by an escalation from the annexation of Crimea to the full-scale invasion in 2022. The evolution of events is analyzed, from the mass protests of 2013–2014 aimed at affirming democratic principles and Ukraine’s European course of development, to the emergence of a new stage of international armed confrontation. The legal qualification of the actions of the Russian Federation is examined in the light of international humanitarian law, the provisions of the UN Charter, UN General Assembly resolutions, and the practice of the International Criminal Court and the European Court of Human Rights.
The article highlights the legal assessment of such phenomena as the annexation of the Autonomous Republic of Crimea, the organization of illegal “referendums” and elections in the temporarily occupied territories, as well as the support and coordination of illegal armed groups in eastern Ukraine. Special attention is given to the recognition of the conflict as international, which is essential for the application of the 1949 Geneva Conventions and their Additional Protocols, as well as for establishing the international legal responsibility of the aggressor state. The impact of international decisions and sanctions on the formation of legal mechanisms of accountability is investigated, along with the reaction of international organizations to Russia’s violations of jus ad bellum and jus in bello norms.
The article also examines the domestic political and legal transformations of Ukraine under the conditions of the conflict, including the development of anti-corruption legislation, the reform of the judicial system, and the strengthening of human rights protection institutions. The role of the Revolution of Dignity is studied as a key stage in the formation of the national legal system and as a factor in Ukraine’s international subjectivity.
Therefore, the purpose of the article is to provide a comprehensive analysis of the international legal qualification of the armed conflict between Russia and Ukraine, to determine its legal consequences for the international legal order, and to outline approaches to holding the aggressor state accountable.
