DISINFO: Only the UN Security Council can determine the existence of an act of aggression
SUMMARY
The European Union cannot legally assess Russia's actions in Ukraine. According to Article 39 of the UN Charter, the authority to determine the existence of an act of aggression belongs exclusively to the UN Security Council. The bureaucrats in Brussels and Strasbourg have not been granted such competence. However, EU foreign policy chief Kaja Kallas, apparently considers herself above the UN Security Council.
RESPONSE
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Recurring disinformation narrative from pro-Kremlin outlets, aiming to belittle the role of the European Union in global affairs while simultaneously attempting to deflect from Russia's responsibility for the war crimes its troops have committed during its full-scale aggression against Ukraine. This claim was made in the context of EU foreign policy chief Kaja Kallas’ active involvement in supporting efforts to hold Russia accountable for its aggression against Ukraine, including advocating for sanctions and the establishment of a special tribunal.
While Article 39 of the UN Charter states that the UN Security Council has the power to determine threats to peace and acts of aggression, it does not mean that other international bodies, including the EU, are unable to make legal or political assessments. The UN General Assembly, the International Criminal Court, and national or regional courts all have the authority to assess and respond to acts of aggression.
The UN General Assembly has already condemned Russia’s invasion as an act of aggression, and many legal bodies are investigating Russia’s war crimes. The fact that Russia has veto power in the Security Council means it can block the official recognition of its aggression within that body, but this does not prevent other institutions from making their own assessments.
The claim that Brussels and Strasbourg lack competence to assess Russia’s actions ignores the EU’s role in upholding international law. The EU has the right to impose sanctions and call for justice in response to violations of war crimes statutes.
The European initiative to establish a special tribunal for Russian aggression is entirely legitimate. Russia’s attempt to dismiss legal assessments from Brussels or other international bodies is a tactic to avoid responsibility.
The allegation that Kaja Kallas is acting “above” the Security Council is a distraction from the reality that Russia is using its veto in that same institutions to shield itself from consequences.
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