What if Russia had hit Poland with missiles? -An assessment under the law of use of force –

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On November 15, numerous news reports surfaced regarding a claimed Russian missile hitting a village in Przewodów, Poland, close to the Ukrainian-Polish border, killing two people. Let us assume for the sake of a thought experiment, that conclusive evidence would have emerged––which in fact did not––regarding the origin of the missile hits, and Russia is identified as the perpetrator of the attack.

The prohibition on the use of force is still breathing

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From time to time, especially in the midst of an ongoing armed conflict, commentators point out, that international legal principles and norms are guiding principles at best, and the most important rules, such as the general prohibition on the use of force, which is enshrined in Article 2(4) of the United Nations’ Charter and customary international law, possibly with a peremptory character are ineffective.