International Law and Russian Manipulations: Analyzing Arguments on the "Independence" of Temporarily Occupied Territories of Ukraine

Since 2014, Russian propaganda has presented numerous versions and justifications for its aggression. I think it is manipulation and deceit! Do you know why?

These justifications are always absurd or contradict logic, common sense, and the factual circumstances.

Russia does this deliberately to confuse the population and manipulate the opinions of other countries' leaders and voters who are far removed and unwilling to delve deeply into the reasons behind the invasion.

Russian propaganda operates massively and continuously, including in the USA, Europe, Asia, the Middle East, and South America. They frequently speak about international law and actively manipulate information, misleading many.

Manipulations Regarding International Law

We hear many statements from Russian leadership about the allegedly legal nature of recognizing the independence of the self-proclaimed so-called "DPR" and "LPR," as well as the legality of military actions in Ukraine. However, upon closer inspection, it becomes evident that these arguments are based on a manipulative interpretation of international law.

Let's start with the frequently quoted Article 1, Section 2 of the UN Charter by Putin. It indeed mentions "the principle of equal rights and self-determination of peoples," but in the context of developing friendly relations among nations and strengthening peace. Here’s what Article 1, Section 2 of the UN Charter states:

"...develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace."

Nowhere in the UN Charter does it mention an unconditional right for any group of people to secede from an existing state.

Moving forward, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights also affirm the right of peoples to self-determination. However, this right is not interpreted as a carte blanche for secession. The 2007 UN Declaration on the Rights of Indigenous Peoples in Article 4 speaks only of the right to "autonomy or self-government in matters relating to their internal and local affairs," not the right to establish an independent state.

Manipulations Using the Kosovo Analogy

A key argument of the Russian leadership is the reference to the 2010 International Court of Justice's advisory opinion on Kosovo. However, here we see a clear distortion of the essence of this document. The Court did not address whether Kosovo had the right to become an independent state. It merely concluded that there is no explicit prohibition in international law against declarations of independence. This is entirely different from recognizing a right to secession.

Moreover, Russia itself, in its written statement on the Kosovo case, argued that "unilateral declarations of independence are not in accordance with international law" if they occur outside a colonial context and without the presence of extreme circumstances. Thus, Russia's current position on the DPR and LPR directly contradicts its previous official stance.

Manipulations About Alleged "Genocide of the Donbas People"

Regarding accusations of genocide used to justify military actions, they are unsubstantiated. According to the Convention on the Prevention and Punishment of the Crime of Genocide, genocide is defined as acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group. There is no evidence that Ukrainian authorities committed such acts against any national, ethnic, racial, or religious group in Donbas. Before the hybrid war in 2014 and the introduction of militarized formations into Ukrainian territory, Donetsk and Luhansk regions were among the calmest and most prosperous, with Ukrainians living peacefully alongside Russians, Crimean Tatars, and other peoples in Crimea.

On Alleged Self-Defense of Occupied Territories or Russia Itself

References to Article 51 of the UN Charter on the right to self-defense are also unfounded. This right is granted to UN member states, and pseudo-entities like the "DPR" and "LPR" are not, were not, and cannot be recognized as states. Moreover, no aggressive actions were taken against Russia that could justify the application of this article.

What Russian Domestic Law Says

It's important to note that the Russian Constitution (Article 67) prohibits actions aimed at alienating part of the Russian Federation's territory, as well as calls for such actions. This highlights a clear contradiction between what Russia considers permissible for itself and what it allows for others.

Conclusion

In conclusion, I would say that arguments of the Russian leadership are based on selective and manipulative interpretations of international law. They ignore the key principles of territorial integrity of states and non-interference in internal affairs, which are fundamental to the modern international order. All these actions by the Russian leadership are aimed at justifying aggression, invasion, and the illegal annexation of parts of Ukraine