Published 2025 | Version v1
Journal article Open

The right to resistance (jus resistendi) in the context of contemporary military aggression in Ukraine.

  • 1. ELSA Law Review

Description

The article deals with legal aspects regarding the right of rebellion (or the right to resistance, the right to revolt, hereinafter – ‘jus resistendi’) in the context of the full-scale Russian war against Ukraine. The authors argue how Ukrainian organs and civilians are addressing jus resistendi by seeking amendments in political, economic and legislative aspects of their lives, and how the Ukrainian resistance directly manifests the natural law thought on human nature. The authors also uncover the legality of human rights restrictions in Ukraine enacted by martial law. They raise the ill-fated issue of whether mechanisms provided by the universal institutions and treaties of international law can still be used against oppressive, authoritarian regimes.

Files

[Стаття] Mykhailichenko, Abduramanov, constitutional law – The right to resistance (jus resistendi) in the contemporary military aggression in Ukraine.pdf

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Dates

Copyrighted
2025