DISCRIMINATION OF THE RUSSIAN NATIONAL MINORITY AS A BASIS FOR WAR IN UKRAINE

Abstract

The paper examines the validity of the arguments used to justify the war in Ukraine. It starts from the discourse that supports the war. In Vladimir Putin’s speeches, the genocide against the Russians in Ukraine and the disrespect of the people’s right to self-determination are cited as a justification for the start of the conflict. The paper then points out the international legal framework of warfare, specifically under what conditions armed conflict is allowed, as well as what is the right of the people to self-determination and what are its limitations. The fourth part analyzes the reports dedicated to Ukraine by international monitoring bodies – the European Commission against Racism and Intolerance and the Advisory Committee under the Framework Convention for the Protection of the Rights of Members of National Minorities. By critically reviewing the arguments that appear in that conflict, this paper enables a comprehensive understanding of the degree of their compliance with international law. The paper ends with the conclusion that the degree of discrimination against ethnic Russians in Ukraine is not sufficient for the application of the concept of remedial secession and that the Russian military intervention in Ukraine is a violation of international provisions on the use of force.