러시아의 국제법 오용과 왜곡 - 우크라이나 침공과 관련하여 -

Russia’s invasion of Ukraine on February 24, 2022, which it has called a “special military operation,” is said to have destroyed the very foundations of the liberal international order that has developed since the end of the Cold War. However, it was simply a continuation of a series of previous actions committed by Russia, such as its invasion of Georgia in 2008 and annexation of Crimea in 2014. President Vladimir Putin’s suspected intention to strengthen Russia’s control over countries that were once under the sphere of influence of the former Soviet Union during the Cold War period has been reconfirmed by this latest invasion. Putin has revealed his distorted perception of Russian history through his conspicuous ambition to recreate the glory of imperial Russia and the Soviet Union. Particularly noteworthy is that Putin has repeatedly emphasized that such Russian actions in its near abroad have been in accordance with international law. It has been Putin's continuing mode of conduct and speech to denounce Western liberal states and justify Russia’s actions by referring to their basis in international law. However, when considering the relevant issues in detail, Russia’s purported use of international law in these instances is nothing more than a misuse and distortion of the true norms of international law. Russia invoked the right of self-determination, the right of self-defense, and humanitarian intervention to justify its invasion of Ukraine. However, this paper points out that Putin’s invocation of these norms of international law is completely groundless and unacceptable. On the contrary, Russia’s military action in Ukraine is merely an illegal invasion and represents a blatant violation of the fundamental norms of international law, such as the principle of respect for state sovereignty and the prohibition of the use of force. Russia’s illegal invasion of Ukraine has greatly damaged the reputation of international law by disrupting the normative order of the international community t hrough w hich i nternational law gains i ts r espect a nd authority. Excessive pessimism, however, is also unwarranted. The invasion has obviously had a negative impact on the international community, yet the fierce condemnations of Russia’s illegal aggression by members of the international community, followed by the tough sanctions they have placed on Russia, paradoxically also show that there is still a strong role for international law in the current world order. Russia's misuse and distortion of international law under Putin’s regime will remain a clear “precedent,” and the members of the international community will continue to work towards setting countervailing precedents which show that the illegal actions of delinquent countries like Russia will never be tolerated. Countries are naturally bound to be aware of the fundamental norms of the international community and have no choice but to continue to seek international legal grounds to justify their actions. This gives testimony to the importance of values attached to the international normative system. The invocation of such values by states eventually reveals to the international community whether their acts are justified or not. Even if a unified world government does not exist and the application of international sanctions may not be always perfect, members of the international community can nevertheless monitor countries that violate international law. The solidarity shown by many countries as a result of Russia’s invasion of Ukraine proves this to a large extent.