THE INVASION
RF invaded Chechnya in autumn 1999.
The reason for using military power on Chechnya's territory was the fight against terrorism. RF claimed that terrorists were hiding on the territory. According to RF some of these persons had participated in acts of terrorism or other hostile acts against the russian state. Most important was that some buildings were blown up in RF, killing several hundreds of people, and RF blamed the events on chechens. RF also claimed, that some persons hiding on Chechnya's territory might be able to exercise terrorism against RF in the future.
Anyway, there have been different informations about the events in RF. Whether the claims are true or not is another story, which I will not comment on in this text.
The invasion into Chechnya started right after a group of militants made an action in Dagestan. According to RF they were coming from Chechnya, and they went back to Chechnya.
Considering the official story it is clear, that RF in that specific situation did have the right to prevent their territory from being occupied by militants and could choose to use military power, if they found it necessary. The reason is, that events happening inside a state's territory is, according to international law, on the internal law of this state, and the state, not to be confused with the "state power", alone have the right to decide how and when to use power on internal affairs inside the borders of the state.
RF did not carry on the fight against terrorism on the territory of Russia. Instead, they went into Chechnya and forced a full scale war on the state, which cause in the presence of 90.000 solders, which is 1 to 10 compared to the population before the war in Chechnya, air strikes, the huge number of assaults, destruction of the capital and other cities and the removal of the legally elected president and government.
As it all happened on another state's territory, the events was on international law.
It is a basical rule in international law, that no state has the right on its own to exercise state pressure on another state's territory. No state is allowed to interfere with or without military power, unless it has the acceptance from the state concerned.
The UN Charter says, that "All Members shall refrain in their international relations from threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations." (12)
The UN Charter, build upon international law, by this formulation only confirmes, what is already decided on international law. As the russian state has joined the charter, it has committed itself to observe it.
Also confirmed by Article 39 in the UN Charter saying, that "The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security." (13)
Under special circumstances a state can, in accordance with international law, legally interfere into another state's territory. The condition for interfering legally is an ongoing armed attack from the other state, which allow the first state to act as a matter of necessary selfdefence. Anyway, when the attack is prevented there is no longer, according to international law, any legal basis for continuing the actions.
The UN Charter, build on international law, says that "Nothing in the present Charter shall impair the inherent right of individual or collective self defence if an armed attack occurs against a Member of the United Nations..." (14)
It is worth mentioning, that RF never in advance of the military campaign accused the state CRI or the government of breaking the rules on international law concerning any acts of terrorism or other hostile acts against RF. Only individuals and groups was mentioned as the perpetrators. Since a state is not responsible for the acts of its citizens, it is possible to exclude, that RF considered the state CRI in any ways to be responsible for any hostile actions against RF.
So, it is also possible to exclude, that RF considered their military action on chechen territory as an action turned against the chechen state. Therefore, RF could not consider the military action in Chechnya as a matter of necessary selfdefence on international law.
Instead, it has to be seen the way, that RF was fighting terrorism as a matter of internal affair, that is to say on internal law, on another state's territory.
In that case it is important to notice, as said before, that an independent state alone has the right to exercise the state power on the state's own territory. According to international law, any other state has a duty to respect this independence on internal affairs.
If another state is trying with force to exert an influence on the state's internal business without the acceptance from the state, it will be considered as interfering in internal affairs, which is not in accordance with international law. Does it happen with military power, it is a serious breach of international law.
The only way a state legally can have any influence on another state's national law without violating international law is by diplomatic contact with the legal representatives of the state.
Therefore, the fight against terrorism as a matter of national law can not in any ways be seen as a legal reason, according to international law, for entering Chechnya with military power.
It is possible to conclude, that the invasion, the removal of a legal elected president, the murdering of civilians, the insertion of a new president in Chechnya and the making of a new constitution in every ways is a violation of Chechnya's territorial integrity and the right of the state independently to manage its internal power.
Therefore, RF was an immediate threat, and every state has, according to international law, the right to defend itself.
Therefore, it is legal and understandable, having in mind the huge consequences as a result of the actions, that Chechnya, civilian and governmental, took up arms against the russian troops and in other ways opposed the interfering.
DRAWING BACK A RECOGNITION
RF never in advance of the bombings took contact to Chechnya. Allthough Maskhadov several times asked RF to bring forward informations about the possible terrorists hiding in Chechnya. With this Maskhadov showed the will to cooperate with RF and to find and sue the possible terrorists. RF didn't respond on the applications.
So, there is a reason to believe, that RF allready at that moment was treating Chechnya as it was a part of Rf.
Also, there is no doubt, that RF later on openly declared, that Chechnya was a part of RF.
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