The Posture of Anticipatory Self-Defense under International Law Underpinning Russo-Ukraine War

Abstract

The West accuses Russia as aggressor state following her declaration of ‘Special Operation on 24 February 2022’, however, Russia plays down these accusations by arguing that her measures are intended to diffuse the serious national threat posed by NATO’s Eastward expansion, in particular the proposed membership of Ukraine to NATO (i.e., a state back yard to Russia). Therefore, this paper, first, examines whether there is truthfulness in Russia’s claim of anticipatory self-defense. Secondly, if there are grains of truth in Russia’s claim, then it will proceed to investigate whether international law is permissive of such claims. For fruitful analysis, the qualitative approach method has been duly consulted. In this regard, the UN Charter and Customary International will be duly consulted.  The finding of the paper reveals that the Russian Federation has the inherent right to anticipatory self-defense due to NATO’s determination to encircle her via its open-door policy to the state’s backyards to Russia.