Snding Weapons to Ukraine under the Prohibition of the Use of Force and the law of Neutrality

Document Type : Original Article

Authors

1 university of qom

2 Ardabil

10.22091/ijicl.2024.10300.1087

Abstract

The claim of Russia's humanitarian intervention in Ukraine is a legal justification for resorting to force. There is no evidence to support the claim that genocide It has been done in separated areas Donetsk or Luhansk. Clearly, most States oppose the Russian invasion of Ukraine, but that does not justify turning a blind eye to the rule of law in general or the law of neutrality in particular. In Ukraine’s existential struggle against Russia’s aggression, the United States of America and its allies have delivered weapons and other military equipment to Ukraine and trained Ukrainian soldiers to use those materials. The unprecedented assistance of the USA and its allies to Ukraine has violated the prohibition of the use of force and the law of neutrality. According to the Thirteenth Hague Convention of 1907, neutral countries cannot provide " war material of any kind whatever " to belligerent Power. So Russia has the right to resort to appropriate countermeasures against governments that violate the law of neutrality and according to the second paragraph of Article 52 of the First Protocol of the Geneva Convention of 1949, Russia has right to target weapons in Ukraine's possession. If Russia considers these weapons as military target before Ukraine's possession and attack it, this attack violates Jus ad bellum, because the transfer of weapons cannot be considered an armed attack on Russia.

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Iranian Journal of International and Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 17 July 2024

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