Document Type : Original Article
Author
Yazd University, Yazd, Iran
Abstract
On February 24, 2022, according to Putin, Russia launched a "special military attack" against Ukraine. According to Vladimir Putin, the aim of this attack was individual legitimate defense against threats from NATO and the West, as well as collective legitimate defense in the form of the security agreement between Russia and the Luhansk and Donetsk People's Republics and in accordance with Article 51 of the United Nations Charter. The findings of the research show that according to the history of legitimate defense in customary law, the text of the United Nations Charter, the resolutions of the General Assembly and the Security Council of the United Nations, as well as the cases related to legitimate defense in the International Court of Justice, Russia's special military operations constitute the illegal use of force and Based on the criteria set in international law, Russia's justification for legitimate defense is invalid; Because there was no armed attack against Russia, and also the claim of collective legitimate defense is not legitimate. And also assuming that the threats of NATO and the West are a danger to Russia and that the regions of Luhansk and Donetsk are independent countries and even if they were members of the United Nations, this attack still violates the principle of non-use of force in international law; Because the methods of peaceful settlement of disputes were still available and Russia should have used that tool. The present research method is descriptive-analytical
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