Understanding the Legal and Contextual Implications of Terminology in Ukraine-Russia Military Dynamics

As the special military operation in Ukraine approaches its third year, the question of whether Putin will officially declare it a war has sparked intense debate. This article delves into the legal and contextual implications of this terminology, drawing on international legal standards and examples from recent conflicts.

From Special Military Operation to Active Conflict

Russia, having legally integrated newly annexed Oblasts into its territory, presents the ongoing operations as a defensive conflict. This shift in terminology from “special military operation” (SVO) to an active conflict indicates a deterioration in the legal and humanistic context of the conflict. According to Russian officials, their actions are now justified as defensive measures against perceived external threats.

Political and Legal Implications of War Declaration

The declaration of a war carries significant political and legal implications. In private conversations, terms like SVO and war are used interchangeably, reflecting the fluidity of terminology among diplomats and military personnel. However, public statements, especially those made by government officials, must adhere to legal precision. A war requires a formal, federal-level declaration, certain legal conditions, and a distinct legal status compared to a military operation.

Worldwide Context of Military Operations

Most modern military conflicts around the world are not declared as wars but rather as military operations. This is evidenced by the conflicts in Vietnam and Korea, where the situations were severe and extensive but never officially declared as wars due to the absence of a formal declaration. For instance, the "Vietnam War" and the "Korean War" were never officially declared, yet they were referred to as wars in popular culture and media.

Official Terminology and Preciseness

Terms such as "special military operation," "war," "military operation," and "conflict" carry distinct meanings in international law. While these terms may be used freely in conversations, official public statements, including those from news media, must maintain precise legal definitions. A “special military operation” is not the same as a war; they differ in legal frameworks and implications for targeting and international response.

Current Legal Status and Trade Relations

Despite the ongoing military engagement, the legal and economic status remains largely neutral. War has not been officially declared by either Russia or Ukraine, and both nations continue to engage in trade. For instance, Gazprom continues to transport natural gas through Ukraine until the end of 2024, indicating that the situation is not legally or economically defined as a state of war.

Implications of Putin's Declarations

Puting's various public statements referring to the situation as a war create a legal gray area. While he cannot be prosecuted for personal remarks, this terminology can be problematic for Russian officials and citizens. It blurs the lines between legal and military operations and may impact international perception and diplomatic relations.

Conclusion

The terminology used to describe the Russia-Ukraine military engagement is crucial for understanding the legal, political, and humanitarian dimensions of the conflict. Adopting precise terminology in official and public statements is essential to maintain clarity and avoid misinterpretation. As the situation evolves, it is important for all stakeholders to adhere to legal precision to navigate the complex dynamics of this ongoing conflict.