Legal classification of the armed conflict in Ukraine in light of international humanitarian law

Szpak, Agnieszka

doi:10.1556/2052.2017.58.3.2

Cited by 12 publications

(5 citation statements)

References 16 publications

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“…Some political scientists, on the contrary, do not even recognize this armed conflict international, although back in August 2014, officially there were more than a thousand Russian troops in the territory of Donbas [13].…”

Section: Methodsmentioning

confidence: 99%

Ukrainian-Russian Conflict in the Donbas From the Point of View of Western Historiography: Character, Origins, Reasons

et al. 2020

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Object of research: analysis of the works of modern foreign authors, which reflect the process of the Russian-Ukrainian conflict in the Donbas, which cast doubt on the European security system, has complicated the lives of millions of citizens. Clarification of the reasons that led to the amorphous national identity of the population of Donbas, rejection of Western values, mythical ideas about fascists-Banderites. Disclosure of the diversity of assessments of Western historiography regarding the origins and causes of the conflict, its nature. From a critical point of view, the work of "geopolitical realists" who are trying to minimize the Kremlin’s actions in relation to Ukraine is considered. Investigated problem: to show and prove that the revival of Russian neo-imperialism, which even after 1991 considered Ukraine a vassal, became the main external factor that led to the escalation of the conflict and its actual “freezing”. The attention is focused on the reasons for the appearance of peculiar stereotypes of thinking and behavior of residents of the Donetsk basin, contrasted with the mentality of citizens of other regions, especially Western Ukraine. The cultural-historical split of Ukraine, which developed historically, could not be the cause of the armed conflict, even with the pole opposition “Lviv-Donetsk”. Therefore, the separatist sentiments that appeared in Donbas at certain times were not a mass phenomenon even in 2014 because of this, it is impossible to explain Russian aggravation of relations between the elites of Kyiv and Donbas without analyzing external interference. The state of affairs was also aggravated by both sabotage of the Donbas elites, they did not recognize the legitimacy of the new government in Kyiv after February 2014, and by the mistakes made by the central government in Kyiv. Hasty and ill-conceived, according to Western experts, was the adoption by the Verkhovna Rada of Ukraine of a law abolishing the regional status of the Russian language. The name of the military operations from the Kyiv side as “anti-terrorist operation” was doubtful. It was changed late. Main scientific results: in fact, for the first time in the historiography of Ukraine, the latest works of Western scholars on the Ukrainian-Russian conflict have been analyzed. Conclusions are made about the inconsistency of the views of Western historians regarding the nature and causes of the conflict, the prospects for its settlement.

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Section: Methodsmentioning

confidence: 99%

Ukrainian-Russian Conflict in the Donbas From the Point of View of Western Historiography: Character, Origins, Reasons

et al. 2020

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“…Under Art. 2 (1), common to the four Geneva Conventions, international armed conflict takes place when military hostilities between two or more parties to the Convention occurs [7]. According to article 2 the parties of hostilities are two or more states and declaration of war before start the hostilities between them.…”

Section: Legal Framework Of Armed Conflictmentioning

confidence: 99%

“…To determine which convention applies, one must look at the necessary facts to categorise it as an international armed conflict. [7].…”

Section: Legal Framework Of Armed Conflictmentioning

confidence: 99%

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Legal Classification on the Armed Conflict Between Ukraine and Russia in Light of International Humanitarian Law

Puspoayu¹,

Widodo²,

Ronaboyd³

et al. 2022

SHS Web Conf.

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The conflict between Russia and Ukraine in February 2022 began with the intervention of the Russian army into the sovereign territory of Ukraine without a declaration of war. Therefore, this conflict must be categorized as whether it is included in a non-international armed conflict or an international armed conflict in order to be able to resolve it. As a result, the conflict between Russia and Ukraine is included in the category of International Armed Conflict because it fulfils the conditions carried out by the state and the intensity of attacks from combatants of the two countries.

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“…Another international research that also discussed the Russian-Ukrainian conflict was conducted by Agnieszka Szpak who concluded that the Russian-Ukrainian war has violated the provisions of humanitarian law (Szpak, 2017). Based on the comparison with previous studies that discussed the Russian-Ukrainian war, it can be stated that there has been no research that specifically All countries in principle have full sovereignty to regulate and protect their territorial areas from any threats, both coming from within their own country and from outside.…”

Section: A Introductionmentioning

confidence: 99%

Russian Conflict On Ukraine Based On Humanitarian Law Perspective

Winaldi

Setiyono

2022

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Russia's conflict with Ukraine which has lasted for a long time has resulted in world commotion and disorder. This problem is certainly an important legal issue to be researched. Based on this, this study aims to examine and analyze the humanitarian law arrangements against Russia's armed attack on Ukraine. The research conducted in this paper is a type of doctrinal research. The conclusion is that based on international humanitarian law arrangements such as the Geneva Conventions, Additional Protocol I 1997 provides protection for civilians and civilian objects in times of war. Russia's act of armed attack is a violation of international humanitarian law. It is hoped that proactive actions from the United Nations will be neutral by carrying out a peaceful settlement. However, if it fails to produce a decision that resolves the conflict, strict sanctions are needed against the violator in accordance with the applicable international humanitarian law regulations.

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Legal classification of the armed conflict in Ukraine in light of international humanitarian law

Cited by 12 publications

References 16 publications

Ukrainian-Russian Conflict in the Donbas From the Point of View of Western Historiography: Character, Origins, Reasons

Ukrainian-Russian Conflict in the Donbas From the Point of View of Western Historiography: Character, Origins, Reasons

Legal Classification on the Armed Conflict Between Ukraine and Russia in Light of International Humanitarian Law

Russian Conflict On Ukraine Based On Humanitarian Law Perspective

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