Africa, the Ukraine Crisis, and International Law: Quo Vadis?

Co-sponsored by the American Society of International Law and the International Nuremberg Principles Academy.

Wednesday, 1 June 2022, 12:00 – 13:30 EST (Via Zoom)

The Center for International Law and Policy in Africa (CILPA), with the co-sponsorship of the American Society of International Law (ASIL) and the International Nuremberg Principles Academy (Nuremberg Academy), invites you to a roundtable discussion exploring International Law and the Use of Force, especially in the context of the ongoing conflict in the Ukraine.

On 24 February 2022, Russian President Vladimir Putin, declared, with reference to Article 51(7) of the UN Charter, that he was launching a “special military operation” in Ukraine. He cited NATO’s expansion eastward, together with increasing military, technology, and other capabilities of Western states as a security threat to the Russian Federation to justify a “special military operation.” President Putin also alleged the existence of a genocide against a Russian minority in Eastern Ukraine, in Donetsk and Luhansk, and unilaterally recognized the two regions’ supposed claim for independence. He asserted that the “special military operation” was not an occupation, nor did it intend to interfere with the interests of Ukrainian people, but rather that it was a response to the hostage-taking of Ukraine by neo-Nazis and Western powers.

The response of the UN and other international and regional organizations in Europe to the use of force in Ukraine has been swift. The UN Security Council, which has the primary responsibility for the maintenance of international peace and security, met in an emergency session but failed to take a decision under Chapter VII of the UN Charter due to Russia’s use of the veto. But the UNSC did refer the Ukraine situation, under the Uniting for Peace Resolution, to the UN General Assembly. For its part, the General Assembly swiftly responded in a decisive resolution with 140 votes in favor, 5 against, and 38 abstentions, condemning Russia’s unilateral use of force against Ukraine while reaffirming the territorial sovereignty and integrity of the country within its internationally recognized borders. Many Western States, joined also by countries from all regions including Africa, also pushed back against the claim of self-defence, indicating no legal effect of the recognition by Russia of the so-called “independence” of the Donetsk and Luhansk People’s Republics.

Countries, generally in the West, led by the United States and her NATO allies, have also adopted additional unilateral measures against Russia ranging from freezing of bank accounts and assets of individuals associated with the Putin regime, including his foreign minister and Putin himself,  as well as other sanctions and trade blockades against Russia. Even Switzerland, traditionally a neutral state, adopted historic measures against Russians while Germany announced plans to expand its military for reasons of security. Russian membership of the Council of Europe was suspended and eventually terminated, the first time in the history of that body that a member state was ejected, while the US also successfully pushed for Russia’s membership of the UN Human Rights Council to be terminated by the UN General Assembly. In addition to the above, several European countries have announced national investigations of any commission of war crimes by Russian forces in Ukraine. Many European Union countries have opened their doors to Ukrainians fleeing war, in unprecedented ways for a war situation, and Ukraine initiated proceedings at the International Court of Justice. An unprecedented number of ICC States Parties referred the situation in Ukraine to the Prosecutor of the International Criminal Court for investigations and prosecutions, of possible crimes, with quite a few States Parties offering funding, personnel, and other support.