Russian Aggression Against Ukraine: International Law Deficiencies and Possible Responses

Abstract

The international landscape is grappling with evolving notions of justice and responsibility, particularly in the wake of Russia's invasion of western Ukraine in February 2022. Questions about the best mechanisms for holding individuals criminally responsible for the crime of aggression have taken centre stage. This paper aims to examines the complexities surrounding the prosecution of such crime on the recent situation involving Russia and Ukraine. Firstly, one of the most significant challenges in prosecuting the crime of aggression lies in jurisdictional issues. For instance, the International Criminal Court (ICC) does not have clear jurisdiction over Russia due to its non-membership in the Rome Statute. Alternatives like special tribunals have been proposed, but they come with their own set of challenges and limitations. This paper will explore these various mechanisms and consider their feasibility and efficacy. Secondly, this paper will also examine Russia's state responsibility for wrongful acts committed in Ukraine, especially the legality of the use of force. While there seems to be a consensus in the international community condemning Russia's actions, the discourse appears to be less focused on the consequences and potential reparations. This paper will discuss how reparations could be enforced and what limitations currently exist in international law for such actions. The conclusion underscores the unfortunate reality that immediate legal action against high- ranking Russian officials, seems unlikely in the near term. However, it suggests that this challenge can serve as an impetus for the international community, particularly states advocating against Russian aggression, to refine the legal instruments governing crimes of aggression.