Sending Weapons to Ukraine under the Prohibition of the Use of Force and the Law of Neutrality

Document Type : Original Article

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1 Professor, Department of International Law, Faculty of Law, University of Qom, Qom, Iran

2 Corresponding author, PhD Candidate, Department of International Law, Faculty of Law, University of Qom, Qom, Iran

Abstract

The claim of Russia’s humanitarian intervention in Ukraine serves as a legal justification for theuse of force. However, there is no evidence supporting allegations of genocide in the Donetskor Luhansk regions. While the majority of states oppose Russia’s invasion, this does not justifyoverlooking the rule of law, particularly the law of neutrality. In Ukraine’s struggle againstRussian aggression, the United States and its allies have provided weapons and military trainingto Ukrainian forces. This unprecedented support violates the prohibition of the use of force andthe law of neutrality. According to the Thirteenth Hague Convention of 1907, neutral countriescannot supply “war material of any kind” to belligerent powers. Consequently, Russia holdsthe right to take countermeasures against governments violating neutrality. Furthermore, underArticle 52 of the First Protocol to the Geneva Convention of 1949, Russia may target weaponsin Ukraine’s possession. However, if Russia targets these weapons before they are actively usedby Ukraine, such an attack could violate jus ad bellum, as the transfer of weapons alone cannotbe classified as an armed attack against Russia.

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