Distorting Fundamental Norms of International Law to Resurrect the Soviet Union: The International Law Context of Russia’s Invasion of Ukraine

Abstract

Russia’s invasion of Ukraine which commenced on 24 February 2022 represented just the latest, albeit most devastating, intervention in a neighbouring former Soviet state. This article considers the legal justifications for Russia’s actions and finds them to be far from satisfactory. The claims advanced by Russia closely mirror those made in respect of its prior interventions in the former Soviet space, underlining an attempt to distort some of the most fundamental norms of international law in order to afford an air of legitimacy to its actions. Although it is too soon to conclude with any certainty what the longer term implications of the recent conflict will be, both politically and legally, it is apparent that it can be seen as part of a wider policy objective on Russia’s part to maintain and/or reassert influence over its ‘near abroad’. While in some respects indicative of the possible emergence of a new ‘Cold War’, the international reaction to its intervention in Ukraine suggests that any intention to manipulate or reconstitute legal norms in support of its agenda is meeting with mass rejection.