무력사용 금지원칙의 예외로서 인도적 간섭의 국제법적 근거 및 적용요건을 위한 분석 ― 러시아의 우크라이나 불법침략사례에 적용을 중심으로 ―

On February 2014, Russia attacked Crimean peninsula of Ukraine territory violating, ‘Prohibition on the threat or use of force’, Article 2 section 4 of the United Nations Charter. For the worse, Russia, instead of lying low, even launched further illegal invasion of Ukraine on February 2022 during which the world was still being reduced to the plight of Covid 19 pandemic. However, due to the fear about the expansion of Russia’s illegal invasion of Ukraine into World War III, allied countries of Ukraine agreed only on the cooperation of sending the military weapons to Ukraine region. Therefore, long termed period of armed conflicts was the result with the devastation of Ukraine territory as well as gross human rights violations. Such a Russia’s illegal invasion of Ukraine violating the international law surely has brought doubts on the rule of international law established so as to halt the unfair trade possibly carried out through illegal invasion rooted from expansionism foreign policy for national prosperity as well as defense of Imperialism era and to achieve peace as well as justice for future generation against the law of jungle during the old barbaric times. And this skepticism criticizes that rule of international law seems a mere fairly tale dream only stirring up the worries on nullification of international law and uselessness of international organizations. Hence in this study, first of all, origin, concept and legal characteristic of humanitarian intervention in the history of international law is studied in relation with ‘the Prohibition on the threat or use of force’, the cornerstone spirit of UN Charter, which has been condemned about its worthless function and uselessness due to Russia’s invasion of Ukraine again. Secondly, the legality of NATO’s humanitarian intervention in Kosovo case is specially analyzed with a view to being applied to the current case of Russia’s illegal invasion of Ukraine. Therefore, the legal requirements for application of humanitarian intervention is also researched particularly in relation to human rights protection. Above all, a distinguished research method implemented in this study lies in the analysis focused on placing a priority on the perspectives that confer the utmost importance to human rights protection. This research method is compatible with the interpretation that uses “fundamental human rights and human dignity” codified on the preamble of UN Charter as a last reviewing criteria entirely, which is given as obligation under Article 31 of 「1969 Vienna Convention on the Law of Treaties」 that requires to interpret in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context such as preamble and in the light of its object and purpose. Ultimately, this study is aimed at finding more specific and practical legal mechanisms that are necessary in the process of approaching to the ideal goal for which international society aspires, Article 2 section 4 of UN Charter, ‘Prohibition on Threat or Use of Force’.