By Alfred de Zayas
March 04, 2022 – Dezayasalfred.Wordpress.Com

Russia’s aggression against Ukraine entails a grave violation of the jus cogens rule stipulated in article 2, paragraph 4, of the UN Charter – the prohibition of the use of force without approval of the Security Council. Admittedly, Russia has invoked article 51 of the Charter, which recognizes the right of self-defence until the Security Council is seised of the matter. However, this provision only operates when there has been a prior military attack, which a state must repulse, because its very survival is at stake. This is not the case in the current conflict.
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