The Legality Of War
The First Geneva Convention governing the sick and wounded
members of armed forces was signed in 1864. (Wikipedia)
(This article was first published by New Eastern Outlook, March 9, 2022)
The western mass media and governments have fallen into a frenzy of anti-Russian propaganda over Russia’s military operations in Ukraine. One element of their propaganda war is the claim that Russia’s action is illegal under international law. But is this the case and what does it mean for these countries to make that claim when they have themselves invaded and attacked too many nations to enumerate, every one of which was not only illegal, but without any moral, ethical justification whatsoever?
The law on the use of force in international relations has two aspects, codified international law as set out in the Charter of the United Nations, and the commonly understood right to self-defence.
The UN Charter is the primary document governing the use of force. Nation states do not have a right to use force in relations with other sovereign states except in very limited circumstances. It used to be, before the twentieth century, that there was an understanding that all nations had the right to use force, to go to war to ensure their interests. But the cataclysms of World War I and World War II led in each case to an attempt to prevent wars of aggression.
After WWI the League of Nations was created, supported by the Kellogg-Briand Pact of 1928, which I have referred to in previous articles, a Treaty still in effect, in which the USA and Soviet Union and all other nations promised never to use war to solve political disputes. The League of Nations fell apart in the 1930’s with the rise of fascism and the aggressions of Italy and Germany. But the Kellogg-Briand Pact still exists.
