THE ECLIPSE OF SOVEREIGN EQUALITY

The Ukraine crisis has shown the weakness of International law and especially given a blow to ‘Principle of sovereign equality’.

What is principle of sovereign equality under international law?

It is juridical in nature i.e., all states are equal under International law. Despite the differences between military power, economic clout, population, geographical size etc. It is a fundamental principle of the UN.

The UN Charter states that the primary objective is to protect successive generations from scourge of war. To meet this end: principles of sovereign equality, territorial integrity, collective security, non-aggressive and peaceful settlement of disputes are regarded as fundamental.

What is an act of aggression under international law?

International law defines aggression as any use of armed force in international relations. In certain cases the use of aggression is permissible such as:

• Defensive necessity
• International authority (Ex – collective action by UN)
• Consent of state in which force is used.

However, in Russia’s invasion of Ukraine, none of these defenses apply. Hence, it is a violation of Ukraine’s sovereignty.

Provisions regarding aggression in the UN Charter:

1. Article 2(4) of the UN Charter states the principle of non-aggression:
   “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.”
2. Article 39 contains the Doctrine of Collective Security:
   Wherein the Security council determines that there is any threat or breach of peace, or an act of aggression. Accordingly, the Council makes recommendations or takes measures to restore International peace and security.

Challenges in the UN system:

1. Oligarchy in UN: The Permanent 5 (P5) members of the UN Security Council (US, UK, France, Russia, China) represent an undemocratic and oligarchic system.
2. Against the principle of sovereign equality: For instance, Russia vetoed a draft UNSC resolution regarding criticism of Moscow’s invasion of Ukraine. This veto rendered futile the vote given by 80 countries in favour of Ukraine.

The Ukraine crisis reflects the ‘might is right’ world order, one where some are equal but some are more equal than others. There is a need for ‘rule-based international order’ based on sovereign equality and collective security.