This year, the world commemorates the 80th anniversary of the signing of the United Nations Charter — arguably one of the most significant milestones in modern history. The Charter established a legal framework for a new world order, codifying the principles of international law to govern relations among nations. As its preamble declares, the Charter’s overarching goal was “to save succeeding generations from the scourge of war and to reaffirm fundamental human rights.”
At its core, the Charter embodied the hope that a united global community could ensure peace and security and protect the legal principles that underpin those ideals. The political will to create such a system was nothing short of extraordinary. In 1945, it was universal. Today, it is anything but. Russia’s war against Ukraine stands as a stark indictment of our collective failure to uphold these foundational principles.
In Kyiv, a haunting memorial wall stretches on seemingly without end, with countless photographs of Ukrainian soldiers who have perished in the conflict, which began nearly three years ago. Each time I visit Kyiv, I make my way to this site, often at night during mandatory blackouts. Even in the dim light, the enormity of the loss is evident. It is a sobering reminder that, at the heart of Europe, we are witnessing one of the most egregious violations of international law in modern history: the use of force against the territorial integrity of another state. Article 2 of the UN Charter was designed to prevent precisely such acts of aggression.
While US President Joe Biden’s decision to allow Ukraine to use long-range missiles to conduct strikes within Russian territory demonstrated a praiseworthy commitment, it was likely too little, too late. Donald Trump’s return to the White House and the waning resolve among European allies to aggressively support Ukraine suggest that Russia may well achieve its objectives. Should that happen, the rules-based legal order painstakingly built after World War II will suffer a devastating blow — perhaps an irreversible one.
A Russian victory would alter the geopolitical landscape, embolden autocratic states, and strengthen authoritarian ideologies worldwide. Despite widespread condemnation, Russia and its allies are rapidly rewriting the norms of international law, rejecting the universality of its principles and replacing them with a dangerous political relativism. In this new paradigm, the blatant violation of territorial sovereignty would be normalized, and the global order we know would be in jeopardy.
Russia’s success would encourage a growing cohort of aligned nations to abandon multilateralism in favor of unilateral or regional power structures. Military tensions would rise, conflicts would proliferate, and the new Cold War we find ourselves in would only grow colder. Amid the erosion of the Charter’s ideals, we would see the triumph of a world where might, not law, makes right.
The creation of the UN Charter reminds us that the political will to uphold international law can exist. But today, that will is faltering. Without a resolute commitment to defend Ukraine and the principles enshrined in the Charter, we risk surrendering the very foundations of international law.
The wall in Kyiv is more than a memorial — it is a warning. If the international community fails to act decisively, the Charter’s legacy will be squandered. The stakes could not be higher.
Dr. Mark Ellis is the executive director of the International Bar Association in London.
