Aggression and Responsibility Under International Law – A Case of the Aggression of the Russian Federation Against Ukraine

Abstract

The aim of this article is to address the relationship between aggression, conceived both as an act of a state and as a crime, and responsibility for it under the law in the light of the Russian aggression against Ukraine. The Russian Federation as a state committed an act of aggression as the internationally wrongful act for which it is responsible under customary international law, while members of its authorities, headed by the president, perpetrated a crime of aggression, as defined in Article 8 bis of the Rome Statute of the International Criminal Court. The author argues that as far as the act of the Russian aggression is concerned not only Ukraine but also other states may make Russia responsible for its act of aggression. As the Russian Federation seriously breached of obligations under peremptory norms of general international law any state may claim from Russia, first, cessation of the internationally wrongful acts, and assurance and guarantees of non-repetition and, second, performance of the obligation of reparation in the interest of Ukraine or of the beneficiaries of the obligation breached. Although international law has not traditionally recognized individuals as victims of the crime of aggression, one should have in mind that not only states but also individuals are victims of the aggression. This is why individuals as victims of the Russian aggression may, even should, participate in the future regimes of criminal responsibility and reparation in the context of prosecutions for this crime. But it will be depended on the determination and good will of the members of the international community and, obviously, on the indictment of suspects. The author claims that a full restoration of peace in Ukraine will not take place if Russia is not held responsible for its wrongful act of aggression and the perpetrators of crimes committed during this armed conflict, including the crime of aggression, are not brought to criminal responsibility.