The Ukrainian offensive in Russia’s Kursk region on August 6 was a risky gamble. But, in particular, it allowed kyiv to regain the initiative and raise the morale of the troops despite the Russian advance in the Donbass. The armed forces now claim to control some 1,000 kilometers2and have “disrupted” the Russian counteroffensive, although Moscow claims to have regained ground. With this operation, Ukraine assumes an unprecedented role since the beginning of the Russian invasion on February 24, 2022: that of an occupation army.
The law of war is clear: “A territory is considered occupied when it is in fact under the authority of the enemy army.”indicates article 42 of the Hague Conventions. “From a legal point of view, it is effectively a military occupation”agrees Oleksandr Merezhko, chairman of the Foreign Affairs Committee of the Rada, the Ukrainian Parliament.
However, this deputy of the presidential majority and professor of international law would prefer to use a “another term” about the operation in Kursk. “The word “occupation” has too negative connotationsargues. The Russian occupation is a crime, because Moscow is the aggressor, while the Ukrainian occupation is a response to this crime. »
Establish a “buffer zone”
In fact, the international community does not question the legality of the operation in Kursk: it respects article 51 of the United Nations Charter on the right of self-defense in the event of armed aggression. “We consider that Ukraine is waging a legitimate defensive war against illegal aggression and, within the framework of this legitimate right of self-defense, Ukraine has the right to attack the enemy where it considers it necessary, on its own territory, but also on the enemy’s territory. “, EU Foreign Affairs Spokesperson Peter Stano declared on August 7, the day after the raid.
Dmytro (name has been changed), a 41-year-old soldier, also does not like the term“occupation”widely associated with war crimes committed by the Russians. The commander of a reconnaissance unit deployed in Kursk at the beginning of the operation prefers to talk about “transfer of the war to Russian territory.” “I don’t consider myself an occupier, because we are not terrorists like the Russians »says the soldier, who agrees to testify on condition of anonymity, at the edge of a forest, at dusk, during his visit to kyiv.
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