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Marefat M R. The Right of Self-Defense in International Law «A Case Study of Russia’s Attack on Ukraine». SRQJL 2026; 3 (3) :70-93
URL: http://srqjl.knu.edu.af/article-1-119-en.html

Self-defense is one of the fundamental concepts in legal science and has broad implications across various legal domains. The origin of this principle initially lies in domestic law, particularly within the framework of criminal law. Legal scholars maintain that an aggressor, through a wrongful act, violates another person’s rights, thereby creating for the victim a legitimate right to protect his or her life, property, and dignity. This notion has now extended from domestic to international law. Just as an individual, as a living being, may resort to lethal means to defend their existence, states as sovereign entities may also employ armed force to safeguard their territorial integrity and survival. This paper examines the legal justification of Russia’s attack on Ukraine in light of the international law principles governing the right of self-defense. Using a descriptive–analytical method and relying on library resources, official reports, and international documents, the study concludes that Russia’s military invasion of Ukraine cannot be justified under the right of self-defense. The attack does not fulfill the conditions stipulated in Article 51 of the UN Charter, nor does it conform to customary international law or the jurisprudence of international courts regarding the lawful use of self-defense. Accordingly, in view of Article 2(4) of the UN Charter, Russia’s actions amount to an unlawful use of force and constitute an act of aggression.