WEAPONIZING SELF-DEFENCE: ARTICLE 51 IN THE RUSSIA–UKRAINE CONFLICT
AUTHOR – P. THIRAVIYAMALAR* & MISS. GAYATHRI**
* STUDENT AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)
** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)
BEST CITATION – P. THIRAVIYAMALAR & MISS. GAYATHRI, WEAPONIZING SELF-DEFENCE: ARTICLE 51 IN THE RUSSIA–UKRAINE CONFLICT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 443-448, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I645
Abstract :
Weaponisation of self-defence in the Russian-Ukrainian conflict 2014 2025. This highstakes postmortem carries out the “legal gymnastics” of Article 51 of the UN Charter throughout the friction between Russia and Ukraine for over a decade. An exceptional ,narrowly drafted words of art 51 of un charter is being weaponised by being overused or invoked under the legal cover of “rule based order”. In this article ,we delve into the concept where the states or policy makers repeatedly invoke “the emergency exceptional clause” pass round the given rules when it suits their interest, diluting its core concept to advance geopolitical goals [1]Now we are not just going to check “black letter” boxes alone, i.e not just sticking around the narrow , formal legal text .instead , how the law actually made, it looks and function after a prolonged period of intense warfare. Decoding how the scholars, courts, and states have interpreted Article 51its connection to art 2(4),the Security Council, and doctrines such as necessity , proportionality and imminence.[2] LETS SET ASIDE THE ORIGINAL 1945 interpretation of art 51 and delve into the concept of the contemporary misuse of the real intent behind art 51[3]. we are not just staying around the text books , but Looking into the deep ,where the two complicated concepts selfdefence and collective self defence prevails.The Paper Trail: 2014–2025The heart of this research paper is a detailed step by step evaluation , of what countries actually practice and opino juris by analysing the U.N. official documents from “ DearMr.SecretaryGeneral” letters ,UN Security Council (UNSC) transcripts,General Assembly resolutions to trace how the legal vibe has changed between 2014 to now. The 2014 kingpin: decoding how Russia’s illegal takeover of Crimea resulted in a tragic precedent for other states to use similar protection to justify their actions.
[1] https://www.lowyinstitute.org/theinterpreter/abandoningrulesbasedordernosolution
[2] https://en.wikipedia.org/wiki/Selfdefence_in_international_law
[3] https://www.justsecurity.org/72177/theunchartersoriginaleffectonstatesovereigntyandtheuseofforce/