L'assistenza militare ai belligeranti nel conflitto armato in Ucraina

The paper investigates the legal implications of military assistance provided by third States to the parties involved in the armed conflict in Ukraine. In particular, it focuses on the complex interplay between the prohibition of the use of force, the principle of neutrality, and the right of self-defence under international law. While many States have openly supported Ukraine through the supply of arms, military training, and intelligence, they refrain from classifying themselves as belligerents and avoid invoking collective self-defence under Article 51 of the UN Charter. The study questions whether the qualification of the conflict as a war of aggression, widely echoed in official declarations, suffices to justify such assistance. The analysis explores whether military aid to Ukraine may constitute a lawful response to a serious breach of a peremptory norm, a countermeasure, or a form of cooperation with the victim State in the exercise of individual self-defence. The paper also addresses the legal status of assistance provided to Russia by States such as Belarus, Iran, and North Korea