The specificity of the war in Ukraine: a legal analysis
The war in Ukraine continues to generate a lot of ink and raises many questions. Seen from Africa, this war is particularly specific because of its nature of annexation. To find out more about this question, we interviewed Professor Hubert Petit, jurist and former diplomat of the European Union.
According to Professor Petit, the war in Ukraine is more than just a crime of aggression, it is also a crime of annexation. He explains that annexation by the use of force is considered a subset of the crime of aggression in the Rome Statute of the International Criminal Court. Thus, the war in Ukraine constitutes a violation of the world order established after the Second World War, including for Africa.
However, efforts to resolve the conflict legally are encountering obstacles, in particular due to the right of veto in the United Nations Security Council. Professor Petit underlines the difficulties encountered by lawyers in circumventing this situation. Nevertheless, he highlights initiatives such as the International Center for the Prosecution of the Crime of Aggression and the opening of an Office to investigate Russian aggression against Ukraine, which attempt to find solutions.
One of the main criticisms often leveled at the war in Ukraine is the “double standard” with Western precedents, such as the wars in Iraq and Afghanistan. Professor Petit explains that the difference lies in Russia’s objective of territorial annexation in the case of Ukraine. He recalls dark moments in history, such as the Anschluss in Austria by Nazi Germany, to illustrate the seriousness of territorial annexation.
Faced with this context, it is interesting to wonder whether the DRC could be the victim of a similar crime of annexation in the east of the country. Professor Petit stresses the importance of condemning the crime of annexation and defending the territorial integrity and sovereignty of States. He invites African countries and the international community to proclaim a “Never Again!” to avoid new territorial annexations.
In conclusion, the war in Ukraine presents a major specificity as a crime of annexation. Seen from Africa, it is crucial to take a stand against this type of action and to support initiatives aimed at resolving this conflict in accordance with international law