In the dilemmas of International Law. Case study, Russia’s war in Ukraine

By, PhD(c) Stela KARAJ

Abstract

The ongoing conflict in Ukraine has profoundly affected the individuals, living in the affected territory and other parts of the globe. Several academics believe that the recent aggression against Ukraine and the absence of a coordinated international response indicate the failure of international law today. Concerns over such a failure prompt a re-evaluation of the tools available under international law for preventing wars or hastening their peaceful conclusion. In this paper, the author will analyze the importance of these instruments, arguing that they play a fundamental role in preventing direct threats and avoiding the use of force. At times, they go above and beyond the collective security mechanism of the United Nations Security Council. It is adequate to remember that “war is a continuation of the negotiation process that fails to find a resolution through peaceful means,” as mentioned by the war and conflict theorists, Clausewitz and Thomas Schelling. Perhaps, it goes to the idea or the real purpose of several norms of international law to make the military option less attractive than the peaceful one. The case of Russian aggression in Ukraine demonstrates the limitations of international law in preventing violations and aggression but also highlights the importance of continuing to evolve and improve international legal frameworks. Despite its limitations, the author concludes that international law remains vital for promoting peace and stability in the global community and should be continually evaluated and strengthened, to address complex problems.

How to cite: Karaj, S. (2023). In the dilemmas of International Law. case study, Russia’s war in Ukraine. Jus & Justicia, 17(2), 93–106.

https://doi.org/10.58944/qcgw8870