Why the war was not called a war: political scientists explain
19 November 2024 14:36
ANALYSIS
Today is the 1000th day of the great Russian-Ukrainian war. From its very first day, February 24, 2022, martial law was introduced in Ukraine, but a state of war has not yet been declared. These legal facts still confuse many Ukrainians and become the basis for manipulating public opinion and individuals. "Komersant Ukrainian" asked domestic political scientists to explain why the war has not been called a war.
Political factor and risks of losing power
In an exclusive commentary for , political analyst Volodymyr Tsybulko explains that the main reason for this is the reluctance of the political leadership to lose control of the state.
“In Ukraine, everyone calls the war a war, but the legal regime has not been introduced – war. This is due to the fact that the legal regime of war transfers all the levers of governance to the military, and the political vertical of power goes into the shadow of the military. And politicians really, really do not want to lose power – this is the first thing,”
– emphasizes the expert.
The second important aspect is economic stability, which could be seriously affected under the legal regime of war.
“The functioning of the banking system and the economy is also key. Because under the legal regime of war, the military can enter an enterprise and seize equipment and other material resources in their own interests. Still, the government did not risk bringing the situation to the point of transferring control, direct governance of the country, to the military,”
– adds Tsybulko.
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International law: the danger of aggressor status
Political analyst Ihor Reiterovych, in turn, draws attention to the complexity of international law, which makes declaring a state of war risky for Ukraine itself.
“If Ukraine declares, for example, a state of war, it is necessary to indicate the country to which we declare this war, right? And in accordance with current international law, including the United Nations Charter, if Ukraine were to be the first to do so, it would fall under the definition of an aggressor state. This is how international law is strangely written,”
– he explains.
According to the expert, such legal confusion allows the aggressor to avoid responsibility, while the victim may be trapped in international norms.
“One country can attack another, but if the one that was attacked officially calls it a war and declares war on the country that attacked, it will be considered to have inspired the war,”
– Reuters notes.
Global practice and lessons from the past
The expert also recalls that a declaration of war is an extremely rare phenomenon in modern history.
“Since 1945, war has been declared only once. All other military conflicts and wars, including large-scale ones, were fought without an official declaration of war,”
– Reiterovich said.
However, according to him, Ukraine has all the legal grounds to call this war a war and take the necessary measures for self-defense.
“International norms give Ukraine every right to call what is happening a war. At least, to say so in official statements, to introduce the legal regime of martial law and to take all necessary actions for self-defense,”
– summarizes Ihor Reiterovych.
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