Collective Self-defence Research Articles

Critical analysis of international law failures in the Russian invasion of Ukraine: implications for global security

This paper offers a critical analysis of the structural deficiencies in international law that Russia’s full-scale invasion of Ukraine revealed in 2022. The study reveals a significant failure of international legal mechanisms, in particular the United Nations, to effectively deter Russian aggression and prevent the escalation of violence. Despite numerous legal actions and international responses – including resolutions by the United Nations General Assembly, proceedings at the International Court of Justice and investigations by the International Criminal Court – these measures have failed to alter Russia’s conduct or prevent further deterioration of the situation in Ukraine. The study employs a normative juridical approach, analyzing the legality of Russia’s actions considering established international norms and principles. Through this methodology, the research uncovers how Russia’s justifications for its military intervention – based on self-defense, collective self-defense, and allegations of genocide – are legally flawed and inconsistent with international law. Moreover, the research reveals the broader implications of these violations, including the potential erosion of global legal norms and the setting of dangerous precedents that could undermine international peace and security. The findings of this research highlight the urgent need for reform within the international legal framework to address these deficiencies. The paper concludes by proposing specific reforms, such as expanding the abstention obligation in the United Nations Security Council and clarifying the legal basis for humanitarian intervention, to strengthen the enforcement of international law and better protect state sovereignty. These insights contribute to the ongoing discourse on the role of international law in conflict resolution and the maintenance of global security.

The Reliant (2019) and the rhetoric of necropolitical Christianity

ABSTRACT This essay examines the manufactured controversy over the independent Christian film The Reliant (2019), a film advertised as a pro-gun action-adventure. Despite receiving virtually no attention from the political left, the filmmakers’ engaged in a public relations campaign to spotlight the putative opposition to the film as evidence of a broader effort by secular progressives to persecute Christian ideas and values. In this essay, we argue that such manufactured controversies are a rhetorical strategy of contemporary Christian nationalists to construct progressive secularism as a mortal threat to the survival of Christianity. Analyzing the promotional materials and staged events surrounding this film, we illustrate how Christian nationalism increasingly relies on contrived public controversies and faux outrage against its products, policies, and discourses to craft a warped impression that Christians face violent enmity and persecution at every turn. We advance the concept of necropolitical Christianity to name how Christian nationalists mimic forms of state sovereignty premised on the right to kill or maim in the name of collective self-defense. We conclude that manufactured enmity conjures a violent Other who despises and persecutes conservative Christians to bolster the case for more radical measures to ensure the defense and survival of the Christian nation.

White intransigence and the radical rhetoric of Blacks fighting back

ABSTRACT This essay analyzes the riverfront brawl in Montgomery, Alabama in 2023 to consider an instance when Black speech was met by white intransigence. I define white intransigence as a racist rhetorical convention that entails refusals to move in response to Black claims to public space. I then identify how Black bystanders on the riverfront enacted collective self-defense that beat back white intransigence through a radical rhetoric of embodied, confrontational movement. Lastly, I argue that overcoming white intransigence will require kinetic responses that force it to move.

Explaining important public contests in Japan: Rhetorical strategies, causality, and populism

ABSTRACT This article studies two of the most important public contests in contemporary Japanese politics, Prime Minister (PM) Koizumi’s postal privatization and PM Abe’s introduction of collective self-defense. I investigate the rhetorical dynamics of these public contests, and find that the initiations and the yearlong continued efforts by the prime ministers and their cabinets narrowed down the options for resistance in Japanese political networks, as manifested in coercion, compromises, and policy swaps by the main political parties involved. I make three theoretical and conceptual contributions. First, I map the rhetorical process of the political actors involved by combining existing research on rhetorical contestation and the findings from the two contests. Second, I sketch causal models for the two contests, and argue that the public contests and rhetorical strategies that were initiated functioned as a social mechanism in the case of PM Koizumi and as a social mediator in the case of PM Abe. Third, I intervene in an ongoing discussion about the presence of populism in Japanese politics, and conclude that PM Koizumi represented a quintessential populist neoliberal, while PM Abe’s re-interpretation efforts did not exhibit populist features.

Collective self-defense as a response to Russian aggression against Ukraine

Collective self-defense as a response to Russian aggression against Ukraine

Research on the Right of Self-Defence from the Perspective of International Law

The right of self-defence is an indispensable concept in international law, especially in the UN charter. States can protect their legitimate rights and interests from other states infringement by exercising different types of the right of self-defence. However, with the rapid advancement of technology, economy, and politics, the right of self-defense faces new challenges. The collective self-defence, the anti-terrorism self-defence and the preventive self-defence are not perfect, and the specific content of the armed attack is not clear. Although there is no clear solution system in international law at present, it can be thought of and tried from the aspects of perfecting restrictive provisions, reasonably interpreting relevant terms, and strengthening the compelling force of international law.

Russia’s Attack on Ukraine; A Review of the International Criminal Court’s Capacity to Examine the Crime of Aggression

Background: 24 February 2022 shall be remembered as a day on which the international law principle prohibiting the use of force was breached once again. This incident could come under scrutiny from several different standpoints. The present study looks at this occurrence via the lens of international criminal law and the occurrence of the crime of aggression and its examination by the International Criminal Court (ICC). This study aims to analyse whether the inclusion of the crime of aggression in the ICC Statute was symbolic and practically useless or whether it could move the international community one step closer to the end of impunity. To this end, the incidence of aggression as defined by the ICC Statute will be determined after an assessment of the justifications offered by Russia. Despite the prohibition entailed in Art. 15 bis (5) of the Statute, which has led the doctrine to rule in favour of the Court’s lack of jurisdiction, a solution to this impasse must be sought. Methods: This paper uses doctrinal methods, and its dominant theoretical perspective is positivism. It relies on an accurate description and analysis of Russia’s invasion as aggression and the capacity of the court to deal with it. The authors has attempted to collect as much pertinent data as possible, analyse the same, and review the applicable and relevant legal instruments and literature. Other publications on this subject matter accepted the inability of the ICC to prosecute the Russian aggression. The novelty of this paper is its search for the few loopholes in the rules and judgments of the ICC to investigate this crime in Ukraine. As a result, recommendations are made to stop Russia’s wrongdoing while also offering suggestions and answers. This would ultimately result in the protection of international law and the preservation of Ukrainian territory. Conclusions and Recommendations: The Russian claims, namely, anticipatory and collective self-defence, humanitarian intervention, and intervention by invitation, cannot face the crucible of international law norms, and, as such, the attack is a flagrant violation of the UN Charter. Thereafter, the exercise of jurisdiction seemed challenging, bearing in mind that Russia and Ukraine are not members of the IC, that the situation was not referred to the Security Council, and that the declaration issued by Ukraine accepting the Court’s jurisdiction entailed a number of limitations (being restricted to crimes against humanity and war crime). Nonetheless, a case could be made that the Court has some capacity to engage with the question of an act of aggression based on a study of the Court’s jurisprudence regarding such declarations and the Trial Chamber’s interpretation of the phrase ‘occurrence of crime in the territory of the State Party’, affirming a positive interpretation of Art. 15 bis (5) and confirming the possibility for the presence of Ukrainian secessionists in the decision to attack. According to the authors, the following recommendations merit attention: 1) the necessity of a teleological interpretation of the Statute’s articles by the Prosecutor and the Member States Assembly’s solemn efforts to amend and deal with jurisdictional burdens in the Court’s competence to entertain the crime of aggression; 2) reviewing the possibility of establishing an ad hoc or hybrid tribunal via an agreement between Ukraine and the UN; 3) consistent state practice in not recognising the auto-proclaimed governments at Donetsk and Luhansk; 4) establishing Russia’s civil liability and the payment of proper compensation by the same.

Član 11. Italijanskog ustava - između domaćeg i međunarodnog prava

Starting from the recent invasion of Ukraine by the Russian army, this essay reflects on the meaning, scope, and application of Article 11 of the Italian Constitution. In particular, the paper analyzes, from a diachronic perspective, the rejection of war by examining its practical implications and focusing on the interrelationships between constitutional law and international law in defining the concept of war and collective self-defense.

The Limits of Collective Self-defence: The Case of Ukraine

The Limits of Collective Self-defence: The Case of Ukraine

STATE OF WAR AS AN INTERNATIONAL LEGAL AND CONSTITUTIONAL INSTITUTION

The subject of the article is an analysis of the state of war from an international legal and constitutional perspective. Until the beginning of the 20th century, international law recognized the right of a state to wage war as an important manifestation of its sovereignty. Attempts to limit this right boiled down to the development of a just war concept. It was only the United Nations Charter that introduced a ban on the use of force in international relations or the threat of its use. The only permissible exception is the exercise of the right to self-defense, either individually or collectively. Thus, the provisions on declaring war (declaring a state of war) found in the constitutions of some states acquired only a competence value. They define the competence of state organs in the event of an armed conflict. In the Constitution of the Third Republic of Poland (1997), the state of war is regulated in Article 116. The substantive prerequisites for the declaration of a state of war are identical to the implementation of the right of the state to individual or collective self-defense, admitted by the Charter of the United Nations.

Reaction to the Russian aggression against Ukraine: cities as international standards’ supporters

ABSTRACT Cities are taking part in enforcing international standards/law by humanitarian assistance to Ukraine and relief for Ukrainian refugees, severing sister cities’ ties with Russian cities and breaking other forms of cooperation with them. This enforcement consists of implementing sanctions against Russia and supporting the victim of illegal Russian aggression in the exercise of collective self-defense. The research goal of this article is to examine the reaction of 12 cities (Amsterdam, Barcelona, Berlin, Brussels, Geneva, London, Madrid, Munich, Paris, Stockholm, Strasbourg and the Hague, chosen as part of a broader research project that the authors are implementing) to Russian aggression against Ukraine and on that basis to catalogue or classify their actions as well as answer the question whether they are enforcing international standards only by following their states’ actions or by acting ahead of them. The cities had been chosen as part of a broader research project that the authors are implementing. The research methods include desk analysis and multiple case studies. The information has mostly been obtained from the websites of the respective city councils as well as via e-mails from the International Affairs offices/officers of examined cities.

Authentic yet Parochial: Legal and Historical Approach of the Vietnam War through Qui Nguyen’s Vietgone

This paper offers a critical approach to Qui Nguyen’s Vietgone (2015), a play that presents an alternative view of the Vietnam War, from a legal and historical perspective. In American popular culture, the Vietnam War has often been portrayed as the backdrop of chaotic experiences faced by American individuals during that period, especially white American soldiers. Often, the representation of these experiences conveyed condemning messages about the war. In contrast, in Vietgone, the story unfolds from the perspective of Vietnamese refugees, providing alternative views on the war based on the experiences of the playwright’s parents. This alternative perspective stresses the functional aspects of the war as experienced by the refugees. However, Nguyen’s representation of the war falls short of legal and historical accuracy. First, his depiction of the war based on his parents’ experiences overlooks how problematic the war was in terms of international law, considering its development into an international war from an internal conflict and the deliberate misinterpretation of collective self-defense as stated in the UN Charter. Second, the play neglects US leverage on the war before the US military intervention in 1965. Further, it fails to represent the viewpoints of those who failed to obtain granted refugee or humanitarian protection. This paper concludes that as these issues are eclipsed by comedic nature of the play, such an attempt can be construed as twenty-first-century propaganda that justifies the war.

The Right to Individual or Collective Self-Defense. Preventive Attack According to the Provisions of the UN Charter

Geo-political interests have always played a significant role in the ongoing struggle for power, supremacy and leadership, especially among the leading states such as the US, China, Russia, etc. Since the creation of the first social communities and, to this day, with progress, only the method of struggle has changed, not the purpose. As long as money, prosperity and the desire to dominate rule this world, as long as there is tension and competition between states. Therefore, in order not to go beyond the extremes of this confrontation, which can lead to disastrous consequences for humanity, it is necessary to have a proper organization of nations, where under the control of diplomacy and security, the interests of the state are protected. Thus, in compliance with the provisions based on the peaceful conduct of international relations, it is ensured the dignity and protection of the State, which in the event of an act of aggression on the part of another State, which is the guilty state. The collective union of states, in compliance with these provisions, is a guarantor of international security and peace. We try to discuss in this study the correct method of conducting the right of self-defense according to the provisions of the UN Charter, in case of an armed conflict, frequently encountered at present, taking into account the emphasis on the misinterpretation of the without the authorization of the United Nations, which appeared after the terrorist act of September 11, 2001, in the USA.

Beyond Exception and Supremacy: Adwa in the Black Radical Imaginary

Stories of Adwa have anchored multiple forms of exceptionalism that underpin some Ethiopians’ sense of superiority over others of African descent. This narrative mode goes hand-in-hand with certain toxic, solidarity destroying tendencies of some diasporic Ethiopians. Following the methodology of Tizita, innovated in Centime Elleni Zeleke’s Ethiopia in Theory, I analyse two such tendencies, social distancing and victim-blaming, in some depth. These forms of enacted exceptionalism weaken social movements like Black Lives Matter. This article offers a way out by thinking of Adwa as part of the black radical imaginary, a concept I develop drawing on the thinking of Cedric Robinson and Robin DG Kelley, and recent work by political theorists Paula Diehl and Craig Browne. The Battle of Adwa was one episode in a centuries-long process of resistance to racial capitalist patriarchy, a world system that still persists in many ways. Adwa must also be re-narrated if it is to be a viable source of solidarity among Ethiopians and within Ethiopia. Re-narrating Adwa with an eye toward non-Amhara and non-Tigre, and toward the anonymous, contributors to collective self-defense, is one way to tell a story geared toward an egalitarian politics focused on redressing historic wrongs. Gigi comes close to such a reading in her song Adwa.

Russian military operation in Ukraine: analysis from the perspective of International Law

The Russian government emphatically stated that it started a full official attack on Ukrainian territory on February 24, 2022. While, the President of Ukraine, Volodymyr Zelenskyy, declared the imposition of martial law in all regions of his country after Russia carried out a full attack. In addition, several countries in the world responded through open statements of their respective heads of state, and some were accompanied by the imposition of sanctions. Regardless of the reasons and justifications for a decision, the community is the most affected party. This war situation, of course, needs to heed the principles of humanitarian law and humanitarian principles. This paper describes how the war between Russia and Ukraine is seen from the perspective of international law and obligations of the parties under international humanitarian law. This type of research is normative juridical research. The data collecting method used is literature study. The tools used in this research are secondary data in the form of documents consisting of primary legal materials, secondary legal materials, and non-legal materials. These data were analyzed qualitatively and then presented descriptively. The results of this study found that the justifications used by the Russian government in carrying out military operations in Ukraine, namely self-defense, collective self-defense, and humanitarian intervention cannot be justified under international law. The conflict between Russia and Ukraine is included in an international armed conflict so that in order to protect civilians and certain subjects and objects, the parties to the conflict must comply with the provisions of international humanitarian law.

Ideological Extremism and Political Participation in Japan

Abstract Do the policy preferences expressed through political participation represent the citizens as a whole? Previous studies argue that there is no ideological bias in voting participation in Japan. However, previous studies have only analyzed Japan up to 2010, and it is unclear whether ideological bias was consistently absent in voting participation in the 2010s. In the 2010s, ideological issues, such as the maintenance of nuclear power plants or the acceptance of collective self-defense, emerged in Japan, and the two major political parties, the Liberal Democratic Party and Democratic Party of Japan, became increasingly polarized. Considering these changes, the influence of ideology on political participation may be growing. Therefore, this paper examines the relationship between people’s ideological positions and political participation using voter surveys conducted between 2001 and 2017. I find that since 2012, the more ideologically extreme Japanese voters are, the more they participate in voting. Furthermore, the same is true for other forms of participation. In general, the voices of ideologically moderate Japanese are becoming less represented by political parties and politicians.

An Unlawful War

Russia's invasion of Ukraine violated the prohibition of force contained in the United Nations Charter and the peremptory norm of general international law prohibiting aggression. The invasion was not an exercise of individual or collective self-defense, or a humanitarian intervention, as Russia variously claimed. The United Nations General Assembly rejected all such claims when 141 member states voted to deplore “in the strongest terms the aggression by the Russian Federation against Ukraine in violation of Article 2 (4) of the Charter” as well as “the involvement of Belarus in this unlawful use of force against Ukraine.” This essay traces the legal implications of Russia's act of aggression, and its violations of international humanitarian law, through international criminal law, international human rights law, and the law of state responsibility. It argues that Russia violates the human rights of every person it kills, and that states are permitted and may be required to provide military assistance to Ukraine and impose economic sanctions on Russia. As Ukraine fights for its survival as an independent state, international law remains both a moral guide and a strategic asset.

Ceuta y Melilla en las Estrategias de Seguridad española y europea

CEUTA AND MELILLA UNDER THE SPANISH AND EUROPEAN SECURITY AND DEFENCE UMBRELLAIn matters of security and defence, Ceuta and Melilla do not appear as territories covered by NATO’s legitimate defence clause, although they would be susceptible to consultations between the parties in the event of a danger to the integrity, independence or security of either of them. However, Ceuta and Melilla would be covered by the collective self-defence clause contained in art. 42.7 TEU. The latter should be clearly stated in the Kingdom of Spain’s National Security Strategy, in addition to giving it a European dimension through the mechanisms provided for in the Common Security and Defence Policy. With regard to internal security, the future Comprehensive Security Plan for Ceuta and Melilla, based on Frontex regulations, should establish operational, contingency and capacity-building plans, and in accordance with the future National Border Management Strategy.

Cyber-attacks – an unlawful use of digital technologies

This article notes that cyber-attacks, i.e. disruption of the information systems of persons, companies or countries, are a new type of criminal activity. International law does not yet have does not have normative documents that regulate the procedure of countering cyber-attacks. It is complicated by the fact that in the international law the grounds for taking coercive measures against other country is aggression (armed attack), which confers the right to individual or collective self-defense of the country. It is indicated that the doctrine legitimizes drawing parallels between common operation that are classified as the resorting to force, and the corresponding cyber operations. As the criterion of aggression, it is offered to use the assessment of the scale of attack and severity of consequences. The difficulty in qualifying the cyber-attack also lies in open architecture of the Internet, which allows billions of users worldwide to interact with each other. The aforementioned aspect also allows the hackers to hide their identity or even use someone else's device without their knowledge. All these difficulties aggravate if cyber operations are conducted by or on behalf of the countries. In fact, the cyber-attack participants do not bear any consequences for their actions. It is claimed that modern international law suggests both, intraterritorial or extraterritorial jurisdiction.

RUSSIAN EXPERIENCE OF SOCIAL PRACTICES DEVELOPMENT IN THE LOCAL COMMUNITY (CASE STUDY OF THE VOLOGDA OBLAST)

Currently, the regions face with the need to implement new development strategies based on the maximum use of internal resources. One of the significant development factors is the social activity of the local population. This actualizes the study of social activity forms at the local level, which was the aim of this study. This aim predetermined the following tasks: determining the directions for social practices development in the region, identifying the degree of participation of the population in public life and the main barriers that prevent more active participation. The empirical information was based on the available statistical data on socially oriented non-profit organizations, as well as the results of the authors’ sociological survey. The study revealed insufficient development of social practices in the region; a characteristic feature of civic participation is the low involvement of Russians in formal volunteering and high informal volunteer activity. The data obtained through the case study give grounds to speak of the development of new practices, various civic initiatives. Within the framework of local communities, there are intense processes of collective integration, self-defense and self-organization at the level of everyday life. Civic participation, regardless of the format, can become one of the factors stimulating the self-development of territories, an additional resource for overcoming socio-economic challenges.