RUSYA-UKRAYNA SAVAŞI’NDA MUHARİPLERİN EŞİTLİĞİ İLKESİ
THE PRINCIPLE OF EQUALITY OF BELLIGERENTS IN RUSSIA-UKRAINE WAR

Summary/Abstract: Equality of belligerents is one of the primary principles of international humanitarian law. It means that the rules of humanitarian law apply equally to all parties to an armed conflict, regardless of the reasons for their involvement in the armed conflict. Both the content and validity of this principle, whose origins date back to centuries ago, have sometimes been the subject of debates. One of these debates arose when the United Nations Charter of 1945 prohibited states from being involved in an armed conflict, except in self-defense cases. It has been asserted that the international community no longer approaches equally the party that violates this prohibition, which is considered as jus cogens, and the party that has to defend itself against it, and consequently, the principle is outdated or abandoned. In this study, this assertion is discussed through the 2022 Russia-Ukraine War, in which the majority of the international community has been supporting one of the parties.

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