This coursework carries 75% of the final mark for the module, consisting:

SUMMATIVE Assessment

This coursework carries 75% of the final mark for the module, consisting:

Your answer must not exceed 3000 words.

Your answer must include a bibliography demonstrating research skills (not computed in the word limit).

You must provide a bibliography and reference that complies with OSCOLA. Please see the module and programme handbooks for further advice and for information on academic misconduct.

The assessment criteria are in your handbook.

Please choose an essay topic of international public law that relates to the syllabus of the course and discuss your research question with your peers and lecturer in the time apportioned for this in class. Topics need to be approved by week 9 (21st of November) latest. In the alternative, if you are still in doubt about a research topic, please develop the case study below.

Case Study Regime Governing the Legality of the Use of Armed Force

In the past decade, Russian intervention in the affairs of its Ukrainian neighbour has grown until it escalated into a full armed conflict in February 2022. Following the annexation of Crimea in 2014, two territories from Easter Ukraine proclaimed their separation from Ukraine under the names Donetsk Peoples Republic and Lugansk Peoples Republic. The Russian government supplied the region with heavy weaponry and has been considered responsible for turning local grievance into major violence.

On 21 February 2022, Russia issued legislation recognising both the Donetsk Peoples Republic and the Luhansk Peoples Republic and promising support to pacify the region through military operations. On 24 February 2022, the President of Russia, Vladimir Putin announced that he had authorised a special military operation against Ukraine, starting a war that is still on-going.

A large number of states consider Russians actions as an illegal use of armed force, as reflected in the General Assembly Resolution. Conversely, Russia has advanced every possible exception to the prohibition of the use of force to provide legal cover to its action. This has included: invitation, self-defence and humanitarian intervention. On 21 September 2022, President Putin reaffirms its reason to continue the military operation in Ukraine.

In relation to the self-defence justification, President Putin has mentioned explicitly article 51 of the UN Charter and pre-emptive self-defence. He has also claimed that Ukraine was committing genocide of Russian speakers in the new Republics recognised by Russia, suggesting the military intervention was justified as a humanitarian intervention.

Questions

Please discuss the legality of the use of armed force considering this scenario. Your analysis must include:

An explanation of the legality of the use of armed force under international law. Which legal grounds, if any, would justify such use of force?

A critical evaluation one of the arguments advanced by Russia. What conditions should be met to provide firm legal basis to the argument of self-defense or humanitarian intervention.

Are uses of armed force outside the confines governed by the Charter changing the customary rules in this field?

EXPECTATIONS

Please discuss the merit of these arguments, considering that we are assessing your overall knowledge on the international rules governing the use of armed force:

Knowledge of the international framework identifying the main sources applicable, with reference to case-law and supported by relevant scholarship (Necessary to pass: 40% to 60%)

Ability to apply the knowledge referred to in point 1 above, to the case-study, analyzing the legal issues advanced by Russia, using a good range of sources that are specific to the case scenario. For instance, ability to find other statements supporting the views described in the case-study and/or refuting them. You may also be able to identify other case-law raising similar issues and relevant scholarship. (Necessary for high range of marks: 60% and above)

Your research skills: your ability to find the sources that support your arguments, both in terms of legal instruments applicable, case-law and commentaries by international lawyers; ability to identify those that are relevant to this case scenario and to apply them in a manner they support your statements (Transversal skill that will be assessed on its own to make a final assessment)