International Criminal Lawyer on “The Legality of War”

Very apt & timely article by international criminal lawyer, Christopher Black.

Excerpts:

“In my opinion Russia acted in accordance with international law under Article 51 of the UN Charter for the following reasons;

First, the Kiev regime was mounting a major offensive with NATO’s help against the Donbass Republics with the intent of destroying them. Intensive shelling had already begun days before Russia acted, the shelling of civilian buildings and infrastructure, which resulted in scores of thousands of civilians fleeing into Russia. During that period the Kiev regime also attempted to assassinate a leader of the Republics with a car bomb. Russia had no choice but to protect the Donbass peoples and since the Security Council could do nothing, and the EU and NATO were supporting the Kiev offensive against the Donbass, Russia was the only nation that could act.

The request for military assistance from the Donbass Republics also compelled Russia to send in its forces to help push back the Kiev forces from the territories of the Republics.

Second, Russia itself had been attacked multiple times by Kiev regime forces. Saboteurs were sent into Crimea time and again to carry out raids, assassinate officials, to destroy infrastructure. They even cut Crimea’s water supply, a crime against humanity. Just a few days before Russia acted a Kiev reconnaissance unit invaded Russia but was detected and destroyed. Russia had every right under The Caroline Doctrine to go after the attackers and to prevent further attacks.

…In this case the threat was more than imminent. It was on-going and increasing. The only effective and proportional defensive response was to destroy the offensive forces being deployed. These forces include not only Kiev regime government forces but also the nationalist, Nazi brigades supporting and spearheading the Kiev offensive and all the NATO equipment being supplied to them to conduct the Kiev offensive.

Thirdly, the deeper issue was the imminent threat to Russia from NATO posed by its continuous expansion to the east, its continuous build up of forces and offensive structure pointed at Russia and the completion this September of the American missile systems in Poland, Romania and Ukraine which could then be used to launch a nuclear attack against Russia.

We remember that in the past few months the NATO nations have conducted military exercises that included practicing launching nuclear attacks on Russia. We also remember that the USA has a first strike nuclear war policy, claiming the right to use nuclear weapons wherever and whenever they deem fit. It was evident that they were practising attacks because that was and is their intention.

Russia demanded the Americans withdraw those systems, and to withdraw NATO from Eastern Europe. They flatly refused. Ukraine talked of acquiring nuclear weapons and threatening Russia with them. It would take time for them to manufacture but there was nothing to stop the Americans from giving them nuclear weapons, under their control, as the Americans have done with Germany, for instance.

Russia could do nothing, keep the peace, and watch, as the weapons for its destruction were installed and made ready to fire; to commit suicide in other words, or it could defend itself. It warned the US that it would do so, and had the right to do so, the same right the Americans always claim to have, but again Russia was ignored. It had to act or face destruction and subjugation.

We remember that during the Cuban Missile Crisis, in 1962, the Americans threatened to invade Cuba and to attack the USSR because nuclear missiles had been placed in Cuba to protect it against American aggression. President Kennedy established the precedent principle that when a nation feels its existence is at stake from nuclear weapons it has the right to use force to protect itself pre-emptively. Russia is acting on the same principle.

Lastly, the NATO powers have lately relied on their bogus legal doctrine of “responsibility to protect” that they invented after the fact to try to justify their aggression against Yugoslavia. No such doctrine exists in international law but they claim the right to use it nevertheless. It applies, according to them, when a military action is justified, though illegal, “for legitimate humanitarian reasons.’ They were warned that this false doctrine could be turned against them. Russia has not referred to it at all, but if NATO can rely on it for their wars of aggression, then surely Russia can rely on it to justify their military action to defend the Donbass, and themselves.

When one takes account of all the factors that governed the Russian decision to send its forces into Ukraine it is clear that in law they had the legal right to do so whereas the United States continues its illegal invasion and occupation of Iraq and Syria to this day and the NATO media powers and governments say nothing, because they are all complicit in those invasions.
If the United States and the NATO alliance had complied with international law in the first place as set out in the UN Charter, the world would not be in this mess. They caused this, not Russia. The responsibility is entirely theirs and they will be judged for it.”
https://christopher-black.com/the-legality-of-war/