Ukraine-Russia Conflict: Debating the Legality and Consequences of Ukrainian Attacks on Russian Targets

2023-08-01 17:03:06

While the Russian army continues attacking civilian targets in Ukraine massively and incessantly with missiles and drones, there is debate in Germany about whether Ukraine can or should fight targets in Russiaand how to do it. This is due to the statement of the Ukrainian President, Volodymyr Zelenskyabout what war is gradually returning to Russia. Over the weekend, two drones caused damage in Moscow. Zelensky declared that attacks on Russian military targets and symbolic centers were an “inevitable, natural and absolutely just process”. On Tuesday night there was another drone attack against Moscow.

Can Ukraine attack targets on Russian territory?

Under the international law of war, the attacked State has the right to defend itself. “Given the circumstances of the Russian attack beyond its border, Ukraine has the right to defend itself,” explains US law professor and former diplomat David Scheffer, who teaches at the University of Arizona in Washington state. “That right includes military strikes on Russian territory to deter, prevent or stop aggressive acts.” These attacks can also take place inside the country and are not limited to the immediate front. Attacks against civilians are not permitted under the “international law of war.” Of course, attacks on Russian-occupied territories, such as the Crimean peninsula, which legally belongs to Ukraine, are also allowed. Similarly, attacks on the Russian navy in the Black Sea are covered by international law.

Russia attacks civilian targets in the Ukraine almost every night. A picture of Odessa, dated 20.07.23. Image: Cover-Images/IMAGO

With what weapons can Ukraine attack targets in Russia?

In principle, the use of all appropriate weapons, drones, missiles, planes, cruise missiles is allowed. However, there are political agreements between the Ukrainian leadership and allied states not to use Western-made weapons in attacks inside Russia. NATO members fear that Russia could use the use of Western-made weapons as a pretext for further escalation of the war.

US Armed Forces Chief of Staff Mark Milley stated in May that there was a clear understanding that US-sourced weapons would not be used on Russian soil. “This is a Ukrainian war. This is not a US-Russia war. This is not a NATO-Russia war. This is a Russia-Ukraine war. We are supporting and equipping, assisting, advising and training. But it is not a direct conflict with Russia,” he said.

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What does it matter whether or not Western states are a “warring party”?

Russia already considers many NATO countries that supply Ukraine with weapons to be participants in the war. Kremlin spokesman Dmitri Peskov already said in Moscow more than a year ago about supporters of Ukraine: “They are enemy states. Because what they are doing is war.” Russian politicians continue to threaten that Russia may be forced to use nuclear weapons to defend itself against the West. Russian leaders could escalate further and attack Ukrainian arms suppliers and supporters. This would be an extension of the aggressive war against Ukraine, illegal under international law and condemned by the United Nations General Assembly. The West wants to avoid this scenario at all costs.

(gg/ers)

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