Ukrayna’ya Silah Tedarikinin Hukuki Çerçevesi

The right of self-defense, which constitutes an exception to the prohibition on the use of force stipulated in Article 2, Paragraph 4 of the UN Charter, can be used individually by the attacked state, as well as collectively. In this context, it is argued that the arms supply to Ukraine in the Russia-Ukraine war was made by some states with the aim of supporting Ukraine's individual legal right to defense. However, depending on the circumstances, the arms supply may also be interpreted as the exercise of the right to collective self-defense, and in this case, the arms-supplying states may be considered as war parties. In the article, the legal consequences of the arms supply to Ukraine are presented and evaluated in the light of the legal right to self-defense, as well as the classical law of neutrality and the status of not being a party to the war, which arises in connection with aiding the attacked state, and humanitarian law.

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Publication Details

Journal
DergiPark (Istanbul University)
Published
2024-11-07
Primary Topic
Post-Soviet Geopolitical Dynamics
Type
article
Field-Weighted Citation Impact
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article

Ukrayna’ya Silah Tedarikinin Hukuki Çerçevesi

Ayşe Füsun Arsava
DergiPark (Istanbul University)
Post-Soviet Geopolitical Dynamics
article

Ukrayna’ya Silah Tedarikinin Hukuki Çerçevesi

Ayşe Füsun Arsava
article en

Abstract

The right of self-defense, which constitutes an exception to the prohibition on the use of force stipulated in Article 2, Paragraph 4 of the UN Charter, can be used individually by the attacked state, as well as collectively. In this context, it is argued that the arms supply to Ukraine in the Russia-Ukraine war was made by some states with the aim of supporting Ukraine's individual legal right to defense. However, depending on the circumstances, the arms supply may also be interpreted as the exercise of the right to collective self-defense, and in this case, the arms-supplying states may be considered as war parties. In the article, the legal consequences of the arms supply to Ukraine are presented and evaluated in the light of the legal right to self-defense, as well as the classical law of neutrality and the status of not being a party to the war, which arises in connection with aiding the attacked state, and humanitarian law.

DergiPark (Istanbul University)
Atilim University (TR)
Openalex Percentile: Top 57%
Post-Soviet Geopolitical Dynamics
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