In an appearance on ETV news broadcast "Aktuaalne kaamera" on Saturday night, Mälksoo said that under international law, Ukraine has the right to fight on Russian soil because it is the side in the war that fell victim to aggression.

"It's certainly true that there are certain things that need to be adhered to even when exercising the right to self-defense," he explained. "It must be proportional. This is assessed by the objectives of the aggressor state in this war, which include the annexation of territories – I think Ukraine is simply responding to that right now."

The professor pointed out that on top of international law, the action going in Kursk has a political dimension too, in connection with the use of Western-supplied weapons.

"We don't know the agreements and promises that Ukraine has made to obtain weapons from the West," he said. "For example, I myself noticed the news that Germany has said that there suddenly isn't enough funding in the next budget for arming Ukraine, which may be connected to the incursion into Russian territory, as well as of course the news about Nord Stream. In other respects we're moreso talking about the symbolism – about what may provoke a major power, a great nation, if their territory is invaded."

The news anchor asked what red lines exist in international law that Ukraine must not cross.

Mälksoo explained that Ukraine will be conducting an occupation in this border area and, in this context, will become an occupying power.

"On top of human rights, which must be adhered to in general – you don't go and just do anything to civilians – there are also separate, specific rules of occupation concerning the use of public property, private property and, of course, human rights," he stressed.

The host also asked if the Ukrainians would also incur any obligations, citing caring for abandoned animals in occupied territories as an example.

"They will be subject to the obligations of an occupying power," he replied. "I don't know if they'll have the capacity to care for these abandoned animals as a priority. I believe the principles of humanity apply even in an occupation, and that these things will be done as quickly as possible, in the order that they can be managed."

Asked whether, as an expert in international law, it is interesting and informative to observe what is happening in Kursk, Mälksoo acknowledged that it is, but that there is a lot that is alarming as well.

"We cannot ever forget that we're also a border country, and no matter what our sympathies are in this world, no matter whom we support, we also have our own interests," he emphasized. "We actually want to ensure that these things don't reach us."

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