Ukraine Advances in Kursk, An Act of Defense? Here’s What International Law Says

Commander-in-Chief of the Armed Forces of Ukraine, Oleksandr Syrskyi, confirmed that Ukraine has successfully gained control over 74 settlements in the area, securing approximately 1,000 square kilometers.

So, is Ukraine invading Russia?

Short answer: no. Here’s why.

Legal justification

Ukraine states that its actions are a legitimate exercise of self-defense under international law, specifically Article 51 of the UN Charter. This right, according to legal experts, allows a defending state to conduct military operations on the aggressor’s territory. Russia initiated a full-scale invasion of Ukraine in February 2022, providing the legal basis for Ukraine’s counteroffensive.

Terrorism and human rights

Russia has accused Ukraine of terrorism and human rights violations, a claim disputed by Ukraine and international legal experts. The European Court of Human Rights has clarified that human rights obligations do not necessarily apply during active hostilities. That said, Ukraine emphasizes its adherence to international humanitarian law and the laws of war.

The Ukrainian military has committed to minimizing civilian casualties, protecting cultural sites, and treating prisoners of war according to international standards.

Russia has denied access to the region for UN fact-finding missions, hindering efforts to verify any claims of human rights abuses.

Objectives and conduct

Ukraine’s stated objective for the Kursk region operation is to protect its citizens and territory from Russian attacks.

Unlike Russia, Ukraine does not seek to capture foreign territories, and the Ukrainian side is not interested in taking over the Kursk region. This was a clear statement by the Ukrainian Ministry of Foreign Affairs.

In the wake of Ukraine’s military operation in the Kursk region, Russia has initiated a dialogue with Ukraine regarding the exchange of prisoners of war, as was disclosed by Ukraine’s Human Rights Commissioner Dmytro Lubinets. On August 14 alone, over 100 Russian soldiers surrendered to the Ukrainian Armed Forces.

Ukraine might seek to leverage this position in negotiations with Moscow to reclaim occupied Ukrainian territories, according to Foreign Policy.

While Ukraine controls certain areas in the Kursk region, establishing full control, including governance structures and public services, is crucial for determining the legal status of the operation under international law. Until then, the region is considered a “buffer zone” where the rules of war continue to apply.

On August 12, President of Ukraine Volodymyr Zelenskyy officially stated that Ukraine is conducting an operation in the Kursk region of Russia. According to the latest data, Ukraine was controlling 74 settlements, about 1,000 km² of the territory of the Russian Federation. Zelenskyy has also stated that hundreds of Russian soldiers surrendered to Ukrainian forces.