The specificity of the war in Ukraine: a crime of annexation that upsets the world order
The war in Ukraine is a hot topic that raises many questions, especially in Africa. To better understand this situation, we contacted Professor Hubert Petit, emeritus jurist and former diplomat of the European Union in the DRC.
According to Professor Petit, the war in Ukraine goes beyond a simple crime of aggression. It is actually a crime of annexation, which calls into question the world order established after the Second World War. The crime of aggression is defined in the Rome Statute of the International Criminal Court, but annexation is considered a subset of this crime.
However, the legal resolution of the conflict in Ukraine comes up against a major obstacle: the prior agreement of the United Nations Security Council, which is blocked due to the right of veto exercised by a party to the conflict. Despite efforts by organizations such as the International Center for the Prosecution of the Crime of Aggression, resolving the conflict remains difficult.
A frequent comparison is made with Western precedents, such as the wars in Iraq and Afghanistan, where the United States is accused of having committed crimes similar to those of Russia in Ukraine. However, Professor Petit underlines an essential difference: the United States did not seek to annex these regions nor to extend their territory. The goal of territorial conquest through annexation is what distinguishes the war in Ukraine.
To illustrate this specificity, Professor Petit evokes the dark history of Europe in the 20th century, with the cases of the annexation of Austria by Nazi Germany (Anschluss) and the annexation of the Sudetenland through the Munich agreements. These events are a reminder that territorial annexation was seen as a serious threat to global stability.
The African analogue of this situation can be found in eastern DRC, where the country is the victim of aggression and annexation of territories by neighboring countries. Imagine a neighboring country of the DRC that invades part of its territory by force, declaring this area as now an integral part of its country and asking the international community to recognize this annexation. This situation raises questions about the neutrality of certain countries and respect for international law.
In this context, Professor Petit insists on the importance of condemning the crime of annexation and of defending the territorial integrity and sovereignty of States. He calls on African countries and other neutral countries to take a stand and reject any form of territorial annexation.
In conclusion, the war in Ukraine presents a notable specificity, as a crime of annexation which upsets the established world order. This raises questions about the legal resolution of the conflict and highlights the differences between crimes of aggression and crimes of annexation