Riflessioni sul “diritto alla pace”, alla luce delle indicazioni ricavabili dal conflitto russo-ucraino

• PAOLO FOIS ^[1]
  1. [1] Università di Sassari
• Localización: Ordine Internazionale e Diritti Umani, ISSN-e 2284-3531, Nº. 2, 2025, págs. 312-319
• Idioma: italiano
• Enlaces
  • Texto completo (pdf)
• Resumen

  • The impact of the Russian-Ukrainian war on international law has so far been assessed with reference to a few specific aspects: the prohibition of the use of force, the obligation to disarm, especially in nuclear matters, and the international protection of the human person.

    By contrast, the obligation to resolve international disputes by peaceful means, based on the provisions of the UN Charter and general international law, has been completely neglected.

    This omission has significant implications in particular on the legal basis of the ‘right to peace’ proclaimed by the UN General Assembly, notably in two Resolutions of 12 November 1984 and 19 December 2016, which underline the relationship between respect for this right and the settlement of international disputes by peaceful means. Considering that in the Russian-Ukrainian war the obligation to settle the dispute by peaceful means was completely ignored even by the parties to the conflict, further, justified doubts must be raised regarding the basis and implications of the ‘right to peace’.