Sydney Law School statement on Russia’s violations of international law in Ukraine

As scholars of The University of Sydney Law School, we condemn, as a most serious violation of customary international law and the United Nations Charter, the Russian Federation’s escalating military attack on Ukraine, which commenced with Russia’s occupation of Crimea, and invasion of Donbas, in 2014, and continues with the current assaults across Ukraine, including the capital Kyiv and other major cities.

Russia’s attack constitutes an illegal use of force; an armed attack giving Ukraine a right of self-defence; illegal aggression; a violation of the sovereignty and territorial integrity of Ukraine; and an illegal intervention in Ukraine’s internal affairs. None of Russia’s purported legal justifications has any foundation in international law. Russia is also prohibited from any further annexation by force of Ukraine’s territory.

All countries have an international obligation not to recognise the illegal situation created by Russia, including unlawful recognition of and support for the supposed Donetsk and Luhansk “republics”, and must cooperate to bring it to an end. We support all measures, where consistent with international law, to bring Russia back into compliance with international law, including through diplomacy, the United Nations, peaceful dispute settlement before the International Court of Justice or other bodies, sanctions and other peaceful countermeasures, and, at its request, military assistance to Ukraine.

We further urge all countries to respect and ensure respect for international humanitarian law; to uphold international human rights law, international refugee law, and international environmental law; and to ensure full accountability and remedies for war crimes and other international crimes, including through supporting and cooperating with the International Criminal Court’s investigation. It is emphasised that any aggressive threat or use of nuclear weapons by Russia would also violate international law.

We welcome the staunch bipartisan support of the Australian Government and Opposition for Ukraine, upholding international law, providing humanitarian assistance, and protecting refugees from the conflict overseas and in Australia. We encourage Australia to defend the international legal order as staunchly in other situations involving grave violations of international law.