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e-ISSN: 1647-7251
Vol. 15, N.º 2
November 2024-April 2025
202
ADHERENCE TO THE PRINCIPLE OF INVIOLABILITY OF BORDERS
AS A BASIS INTERNATIONAL LAW AND ORDER: IN THE
CONTEXT OF THE RUSSIAN-UKRAINIAN ARMED CONFLICT
YULIIA ZAHUMENNA
yuliyazagum@gmail.com
Professor of the Department of Theory and History of State and Law of Kharkiv National
University of Inetrnal Affairs (Ukraine), Ph.D. in Law, Associate Professor.
ANDRII VOITSIKHOVSKYI
voitsihovsky@gmail.com
Professor of the Department of Constitutional and International Law of Kharkiv National
University of Internal Affairs (Ukraine), Ph.D. in Law, Associate Professor.
Abstract
The article is devoted to the theoretical and legal analysis of the principle of inviolability of
borders as an important aspect of modern international relations, clarifying the role of this
principle in ensuring the sustainability of international law and order, especially in the context
of Russian aggression against Ukraine, as well as determining the main directions of activity
of international organizations to support the Ukrainian people in their struggle for the
liberation of their own territories captured by the Russian Federation. An analysis of the main
stages of institutionalization of the principle of inviolability of borders has been carried out,
the prerequisites for its formation and peculiarities of development in the system of modern
international law have been determined, its international legal consolidation and normative
content have been disclosed. It is stated that the inalienable and conscientious
implementation of the principle of inviolability of borders by all subjects of international law
is recognized as an objective necessity, since in the conditions of modern international
relations, state borders play an essential role in determining the boundaries of sovereignty,
territorial integrity and independence of each state. It is noted that since the proclamation of
independence, the Ukrainian state has faced an unsettled problem of contractual and legal
registration of state borders with numerous European countries and former Soviet republics,
which also declared their independence. It is stated that the most difficult was the settlement
of issues related to the definition and contractual and legal registration of borders with the
Russian Federation, especially in the context of its destructive position in Crimean peninsula
issues. Considerable attention is paid to the violation of the principle of inviolability of borders
in the context of the armed conflict between Ukraine and the Russian Federation. It is proved
that Russia’s gross violation of the principle of inviolability of borders has become one of the
main security problems on the European continent. This was due to the aggressive actions of
the Russian Federation, including the annexation of the Crimea, Luhansk, Donetsk, Kherson
and Zaporizhzhya regions, as well as disregard for all the requirements arising from this
principle. It is noted that such a violation of the principles of international law has caused a
significant resonance in the world and has important consequences for security and stability
in the region. The article analyzes the activities of international organizations (UN, Council of
Europe, European Union, Organization for Security and Co-operation in Europe) as a response
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL 15 N.º 2
November 2024-April 2025, pp. 202-226
Adherence to the Principle of Inviolability of Borders as a basis International Law and Order:
In the Context of the Russian-Ukrainian Armed Conflict
Yuliia Zahumenna, Andrii Voitsikhovskyi
203
to the violation by the Russian Federation of the principle of inviolability of borders by
committing unprovoked armed aggression against Ukraine with subsequent annexation of
Ukrainian territories. The normative legal documents adopted by these international
organizations aimed at supporting the territorial integrity of Ukraine within its internationally
recognized borders are considered in detail.
Keywords
Principle of Inviolability of Borders, State Border, Russian Aggression, Territorial Integrity,
Annexation, Occupation, UN, Council of Europe, EU, OSCE.
Resumo
O artigo é dedicado à análise teórica e jurídica do princípio da inviolabilidade das fronteiras
como um aspeto importante das relações internacionais modernas, esclarecendo o papel deste
princípio na garantia da sustentabilidade do direito e da ordem internacional, especialmente
no contexto da agressão russa contra a Ucrânia, bem como determinando as principais
direcções de atividade das organizações internacionais para apoiar o povo ucraniano na sua
luta pela libertação dos seus próprios territórios capturados pela Federação Russa. Foi
efectuada uma análise das principais etapas da institucionalização do princípio da
inviolabilidade das fronteiras, foram determinados os pré-requisitos para a sua formação e as
peculiaridades do seu desenvolvimento no sistema do direito internacional moderno, foi
divulgada a sua consolidação jurídica internacional e o seu conteúdo normativo. Afirma-se
que a aplicação inalienável e consciente do princípio da inviolabilidade das fronteiras por todos
os sujeitos do direito internacional é reconhecida como uma necessidade objetiva, uma vez
que, nas condições das relações internacionais modernas, as fronteiras estatais
desempenham um papel essencial na determinação dos limites da soberania, da integridade
territorial e da independência de cada Estado. É de notar que, desde a proclamação da
independência, o Estado ucraniano tem enfrentado um problema incerto de registo contratual
e legal das fronteiras estatais com numerosos países europeus e antigas repúblicas soviéticas,
que também declararam a sua independência. Afirma-se que o mais difícil foi a resolução das
questões relacionadas com a definição e o registo contratual e legal das fronteiras com a
Federação da Rússia, especialmente no contexto da sua posição destrutiva nas questões da
península da Crimeia. É dada uma atenção considerável à violação do princípio da
inviolabilidade das fronteiras no contexto do conflito armado entre a Ucrânia e a Federação
da Rússia. Está provado que a violação grosseira pela Rússia do princípio da inviolabilidade
das fronteiras se tornou um dos principais problemas de segurança no continente europeu.
Tal deveu-se às acções agressivas da Federação Russa, incluindo a anexação da Crimeia, das
regiões de Luhansk, Donetsk, Kherson e Zaporizhzhya, bem como ao desrespeito de todos os
requisitos decorrentes deste princípio. Note-se que tal violação dos princípios do direito
internacional causou uma ressonância significativa no mundo e tem consequências
importantes para a segurança e a estabilidade na região. O artigo analisa as actividades das
organizações internacionais (ONU, Conselho da Europa, União Europeia, Organização para a
Segurança e a Cooperação na Europa) em resposta à violação pela Federação Russa do
princípio da inviolabilidade das fronteiras, ao cometer uma agressão armada não provocada
contra a Ucrânia com a subsequente anexação de territórios ucranianos. Os documentos
jurídicos normativos adoptados por estas organizações internacionais destinados a apoiar a
integridade territorial da Ucrânia dentro das suas fronteiras internacionalmente reconhecidas
são analisados em pormenor.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL 15 N.º 2
November 2024-April 2025, pp. 202-226
Adherence to the Principle of Inviolability of Borders as a basis International Law and Order:
In the Context of the Russian-Ukrainian Armed Conflict
Yuliia Zahumenna, Andrii Voitsikhovskyi
204
Palavras-chave
Princípio da Inviolabilidade das Fronteiras, Fronteira Estatal, Agressão Russa, Integridade
Territorial, Anexação, Ocupação, ONU, Conselho da Europa, UE, OSCE.
How to cite this article
Zahumenna, Yuliia & Voitsikhovskyi, Andrii (2024). Adherence to the Principle of Inviolability of
Borders as a basis International Law and Order: In the Context of the Russian-Ukrainian Armed
Conflict. Janus.net, e-journal of international relations. VOL 15 N.º 2, November 2024-April 2025,
pp. 202-226. https://doi.org/10.26619/1647-7251.15.2.8.
Article Article received on 6th March 2024 and accepted for publication on 8th September
2024.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL 15 N.º 2
November 2024-April 2025, pp. 202-226
Adherence to the Principle of Inviolability of Borders as a basis International Law and Order:
In the Context of the Russian-Ukrainian Armed Conflict
Yuliia Zahumenna, Andrii Voitsikhovskyi
205
ADHERENCE TO THE PRINCIPLE OF INVIOLABILITY OF BORDERS
AS A BASIS INTERNATIONAL LAW AND ORDER: IN THE
CONTEXT OF THE RUSSIAN-UKRAINIAN ARMED CONFLICT
YULIIA ZAHUMENNA
ANDRII VOITSIKHOVSKYI
Introduction
Modern challenges in ensuring international peace and security claim the international
community to study the main factors of conflicts in order to determine the legal
mechanisms for their avoidance or resolution. The escalation of the conflict situation and
the acquisition of an armed conflict has become an integral part of modern international
relations. The emergence of such tensions may be caused by the differences in the
political interests of states, their desire to gain a dominant political or economic role in
their region, ethnic and religious differences, as well as differences of opinion in the
regulation of state borders, which may be the result of territorial conflicts.
Within the modern paradigm of interstate relations, state borders perform an important
function of determining the boundaries of sovereignty, territorial integrity and
independence of each state. Therefore, the regulation of processes related to the
conclusion of contractual agreements on state borders is a key priority in global foreign
policy relations. This need for the subjects of international law to faithfully fulfill their
obligations enshrined in the basic principles of this legal field is an objective requirement.
In this context, great importance is attached to the principle of inviolability of borders,
which is recognized as a universal norm of international law.
The chosen topic of this scientific research fully concerns Ukraine as a full-fledged subject
of international relations. In the context of Russian aggression, the issue of state borders
for Ukraine becomes decisive not only for the implementation of international legal
personality, economic and political independence, but also for the restoration of its
sovereignty and territorial integrity within internationally recognised borders. One of the
strategic tasks of Ukraine in this direction is strengthening and protection national
security by properly ensuring the implementation of the principle of inviolability of
borders.
The purpose of the article is a comprehensive analysis of the principle of inviolability of
borders, with a focus on its genesis and evolution, as well as a study of its interrelation
with the principles of territorial integrity on the example of the treaty relations between
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL 15 N.º 2
November 2024-April 2025, pp. 202-226
Adherence to the Principle of Inviolability of Borders as a basis International Law and Order:
In the Context of the Russian-Ukrainian Armed Conflict
Yuliia Zahumenna, Andrii Voitsikhovskyi
206
Ukraine and the Russian Federation. Particular attention is paid to the study of the impact
of the Russian-Ukrainian armed conflict on the violation of internationally recognized
borders, as well as the development of a theoretical and legal model for the restoration
of Ukraine’s territorial integrity within the international legal order.
Methodology
To achieve the goal of the article a set of general scientific and special methods were
used. These methods are widely applied in modern legal science: historical method — in
determining the prerequisites for the formation and development of the principle of
inviolability of borders, as well as clarifying the chronological sequence of the process of
contractual and legal regulation of border issues between Ukraine and the Russian
Federation; method of objectivity — for establishing the reliability and completeness of
the information used in the process of writing the article; comparative method — for
identifying doctrinal approaches in the interpretation of the normative content of the
principle of inviolability of borders and its interdependence with the principle of territorial
integrity; interpretation method — for studying national and international legal acts,
resolutions and decisions of international organizations in the field of application and
observance of the principle of inviolability of borders; systematic method — for
determining the obligations of states arising from the normative content of the principle
of inviolability of borders; conflictological method — in the study of the nature of the
Russian-Ukrainian armed conflict and its impact on border violations in modern
international relations; method of generalization — for outlining the general model of
behavior of the international community in order to restore the territorial integrity of
Ukraine within its internationally recognized borders.
1. International legal consolidation and normative content of the
principle of inviolability of the border
It is worth noting that in the modern science of international law the study of issues
related to the principle of inviolability of borders remains very relevant (Elden, 2006).
This state of affairs is generally reflected in the definition of dogmatic theoretical
constructions of international law in relation to the formation of this principle, which do
not fully reveal its essence and content. Thus, in the theory of international law, two
dominant concepts of institutionalization of the principle of inviolability of borders can be
distinguished. The first concept mainly considers the history of the emergence and stages
of the development of the principle of inviolability of borders from the standpoint of the
exclusive role of the Warsaw Pact member states in 1955 in the emergence of this
principle
1
. The second concept focuses on the period of the collapse of the feudal system
1
The Warsaw Pact, officially the Treaty of Friendship, Co-operation and Mutual Assistance The (also known
as Warsaw Treaty Organization), was a collective defense agreement signed in May 1955 during the Cold
War between the Soviet Union and seven other Soviet satellite states in Central and Eastern Europe
(People’s Socialist Republic of Albania, People’s Republic of Bulgaria, Czechoslovak Socialist Republic, East
Germany, Hungarian People’s Republic, Polish People’s Republic, Socialist Republic of Romania). The
Warsaw Pact was formed in response to West Germany joining the North Atlantic Treaty Organization
(NATO).
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL 15 N.º 2
November 2024-April 2025, pp. 202-226
Adherence to the Principle of Inviolability of Borders as a basis International Law and Order:
In the Context of the Russian-Ukrainian Armed Conflict
Yuliia Zahumenna, Andrii Voitsikhovskyi
207
of international relations or the period of signing the Peace of Westphalia in 1648
2
. The
Peace of Westphalia received special significance with the consolidation of the principle
“uti possidetis, ita possideatis” (as you possess, so may you possess), that is, the
preservation of the existing state of affairs in relation to state territories, which can be
considered a prototype of the principle of inviolability of borders (Ratner, 1996: 593).
The World War II was an extremely painful lesson for the entire world community,
especially for the states of the European region responsible for the deaths of tens of
millions of people. Recognition of the principle of inviolability of borders, formed as a
result of war and post-war development, was to be fundamental in ensuring peace and
security in Europe (Orakhelashvili, 2006: 319).
The borders of the states of Europe after the end of World War II were fixed by the
Potsdam Agreement of 1945
3
(concluded by the USSR, the USA and Great Britain to
establish new borders of Germany with the Soviet Union and Poland), the Paris Peace
Treaties of the Allies with the satellites of Nazi Germany of 1947
4
(defined borders
between Italy and Yugoslavia, Hungary and Slovakia, Romania and Hungary, the USSR
and Romania, Bulgaria and Romania, France and Italy, the USSR and Finland), as well
as some bilateral treaties. However, the Tehran Conference of 1943
5
and the Yalta
Conference of 1945
6
played an important role where the leaders of the Allies (Joseph
Stalin, Winston Churchill, and Franklin Roosevelt) agreed on issues of post-war borders
and the new world order as a whole.
However, further developments in the region showed that these agreements failed to
fully ensure the stability and security of state borders, fixed after the victory over fascist
Germany. First of all, the reason for this was the Cold War, which actually began in 1946,
and the division of Europe between the enemy blocs.
Despite the continuation of the Cold War, the European states declared their desire to
ensure sustainable peace. Thus, in 1966, Declaration of the Political Consultative
2
The Peace of Westphalia of 1648 is a system of peace treaties concluded in two cities of the German
historical region of Westphalia Münster and Osnabrück between the participants in the Thirty Years War of
1618–1648. The Peace of Westphalia was a unique phenomenon for its time and still remains the one that
initiated the formation of modern international law, formulated its basic principles (sovereign equality of
states, non-interference in internal affairs, inviolability of borders, etc.), which remain decisive in the
modern system of international relations.
3
Foreign relations of the United States: diplomatic papers, the conference of Berlin (the Potsdam
Conference), 1945, volume II. Office of the Historian.
https://history.state.gov/historicaldocuments/frus1945Berlinv02/d1382.
4
Paris Peace Treaties, 1947. United Nations Treaty Collection.
https://treaties.un.org/doc/publication/unts/volume%2049/v49.pdf.
5
The Tehran Conference was held from 28 November to 1 December, 1943 in Tehran, the capital of Iran. It
was the first meeting of the “Big Three”— Chairman of the Council of People’s Commissars of the USSR
Joseph Stalin, U.S. President Franklin D. Roosevelt and British Prime Minister Winston Churchill. It was the
first conference of the “Big Three” during the World War II. The Conference aimed to develop an ultimate
strategy of struggle against the Third Reich and its allies. The main issue was the opening of a second front
in Western Europe. The international importance of the Tehran Conference, despite some contradictions
between its participants, was enormous. Its decisions included not only accelerating the end of the war in
Europe, but also the prospects for the development of European countries in peacetime. The Conference of
the “Big Three” confirmed the strength and unity of the anti-Hitler coalition, marked a new stage in its
activities.
6
The Yalta Conference – a diplomatic meeting of the leaders of the United States (Franklin D. Roosevelt),
Great Britain (Winston Churchill) and the USSR (Joseph Stalin) on 4–11 February, 1945, which was held in
the former Royal Palace in Livadia (near the city of Yalta in Crimea), to solve the problems associated with
the end of World War II, as well as the post-war system.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL 15 N.º 2
November 2024-April 2025, pp. 202-226
Adherence to the Principle of Inviolability of Borders as a basis International Law and Order:
In the Context of the Russian-Ukrainian Armed Conflict
Yuliia Zahumenna, Andrii Voitsikhovskyi
208
Committee of the Warsaw Pact on the strengthening of peace and security in Europe was
adopted
7
. It contained progressive provisions, although they had an obvious, at that
time, political basis. The participating states stated that, given the tense situation in
Europe, namely the danger of a military confrontation (between NATO and the Warsaw
Treaty Organization), they called on all European states to develop good neighborly
relations on the basis of the principles of peaceful coexistence, to help ease tensions by
the abolition of the military organisations — NATO and the Warsaw Treaty Organization.
As priority measures, it was proposed to agree, along with the liquidation of military
bases in Europe, the recognition of the inviolability of existing borders, as the basis for a
lasting peace in Europe.
The completion of the process of forming the principle of inviolability of borders was its
consolidation on a multilateral basis in the Conference on Security and Co-operation in
Europe (Helsinki Final Act) of 1975
8
, which was to play a key role in the system of
relations between the member states of the CSCE (since 1995 renamed the Organization
for Security and Cooperation in Europe — OSCE).
Helsinki Final Act contains the following obligation, ‘The participating States regard as
inviolable all one another’s frontiers as well as the frontiers of all States in Europe and
therefore they will refrain now and in the future from assaulting these frontiers.
Accordingly, they will also refrain from any demand for, or act of, seizure and usurpation
of part or all of the territory of any participating State’ (Principle III)
9
. The participating
States agreed that, ‘their frontiers can be changed, in accordance with international law’
(Principle I)
10
. Recognition of borders is considered a waiver of any territorial claims of
European countries (Principle III)
11
.
Helsinki Final Act became an expression of the main political and legal results of the
World War II and formalized post-war territorial and political realities in Europe at the
international legal level. This was reflected and enshrined in the normative content of the
principle of inviolability of borders as a fundamental principle of international law. The
participating States were aware that the borders in Europe established in the post-war
period did not always coincide with the borders of the settlement of peoples, but agreed
that only the inviolability of borders could guarantee peace and security and, conversely,
the violation of the borders of any of the States is an extremely dangerous phenomenon
for everyone else.
It should be noted that the relevant provisions are contained in the UN Charter
12
and
Declaration of Principles of International Law of 1970
13
. These acts enshrined such
7
Declaration of the Political Consultative Committee of the Warsaw Pact on the strengthening of peace and
security in Europe (Bucharest, 5 July 1966). CVCE.eu by UNI.lu.
https://www.cvce.eu/en/obj/declaration_of_the_political_consultative_committee_of_the_warsaw_pact_o
n_the_strengthening_of_peace_and_security_in_europe_bucharest_5_july_1966-en-c48a3aab-0873-
43f1-a928-981e23063f23.html.
8
Helsinki Final Act. OSCE. https://www.osce.org/helsinki-final-act.
9
Helsinki Final Act. OSCE. https://www.osce.org/helsinki-final-act.
10
Helsinki Final Act. OSCE. https://www.osce.org/helsinki-final-act.
11
Helsinki Final Act. OSCE. https://www.osce.org/helsinki-final-act.
12
United Nations Charter (full text). United Nations. https://www.un.org/en/about-us/un-charter/full-text.
13
Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States
in accordance with the Charter of the United Nations, New York, 24 October 1970. Auduivisual Library of
Inertnational Law. https://legal.un.org/avl/ha/dpilfrcscun/dpilfrcscun.html.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL 15 N.º 2
November 2024-April 2025, pp. 202-226
Adherence to the Principle of Inviolability of Borders as a basis International Law and Order:
In the Context of the Russian-Ukrainian Armed Conflict
Yuliia Zahumenna, Andrii Voitsikhovskyi
209
fundamental principles of international law as the principle of non-use of force or threat
of force and the principle of territorial integrity of states.
The UN Charter obliges to refrain in their international relations from the threat or use of
force against the territorial integrity (Article 2, Part 4)
14
. The Declaration of Principles of
International Law contains the main elements of the principle of territorial integrity,
without pointing to the principle itself:
(a) the duty of the State to refrain from any actions aimed at violating the national
unity and territorial integrity of any state or country;
(b) the territory of the State shall not be the object of military occupation resulting
from the use of force in controvention of the provisions of the UN Charter;
(c) the territory of a State shall not be the object of acquisition by another State
as a result of the threat or use of force;
(d) territorial acquisitions obtained through force or threat of its use shall not be
recognized as legal
15
.
The Declaration of Principles of International Law indirectly points to the inviolability of
borders in the context of the principle of non-use of force or threat of force, ‘every State
has the duty to refrain from the threat or use of force to violate the existing international
bounderies of another State or as a means of solving international disputes, including
territorial disputes and problems concerning frontiers of States’
16
. Accordingly, the
prohibition is limited to the violation of borders by the use of force or the threat of force.
States are not required to mutually recognize borders and renounce territorial claims.
Rather, such claims are allowed when it comes to non-forceful resolution of disputes.
However, it is not only about the use of force, but about the prohibition of any territorial
or borders claims, initiation, incitement, support of revanchist ideas and movements, any
other attempts to revise frontiers and violations of international agreements on existing
borders in Europe.
Every State has the duty to refrain from the use of force or threatening it to violate not
only borders, but also lines of demarcation (meaning temporary or preliminary borders,
including armistice lines). It applies to lines having a legal basis, that is, those that are
established and comply with interstate agreements or that the state is obliged to observe
on other grounds.
In this regard, the Vienna Convention on the Law of Treaties of 1969 provides that, ‘a
fundamental change of circumstances may not be invoked as a ground for terminating
or withdrawing from a treaty: (a) if the treaty establishes a boundary’ (Article 62, Part
2)
17
. In the Vienna Convention on the Succession of States to Treaties of 1978
14
United Nations Charter (full text). United Nations. https://www.un.org/en/about-us/un-charter/full-text.
15
Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States
in accordance with the Charter of the United Nations, New York, 24 October 1970. Auduivisual Library of
Inertnational Law. https://legal.un.org/avl/ha/dpilfrcscun/dpilfrcscun.html.
16
Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States
in accordance with the Charter of the United Nations, New York, 24 October 1970. Auduivisual Library of
Inertnational Law. https://legal.un.org/avl/ha/dpilfrcscun/dpilfrcscun.html.
17
Vienna Convention on the Law of Treaties, 1969. United Nations. Office of Legal Affairs.
https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf.