The Crimea Crisis from an International Law Perspective
Loading...
Date
2016
Authors
Marxsen, Christian
Journal Title
Journal ISSN
Volume Title
Publisher
Abstract
In February and March 2014, Ukraine was literally overrun by a chain of events that eventually
led to Crimea’s incorporation into Russian territory. Crimean and Russian authorities jointly
used the internal conflict in Ukraine to deprive the Ukrainian government of its control over
Crimea, to hold a so-called referendum, and to declare Crimea’s independence. On the day after
independence was declared, Russia formally recognized Crimea as an independent state, and
the Crimean parliament requested Russia to admit Crimea to the Russian Federation. Soon after
that, the accession treaty was signed, and, within a few more days, all Russian constitutional
requirements for Crimea’s accession to the Russian Federation were fulfilled. All parties to the
conflict refer to international law to justify their positions. The Crimean authorities and Russia
claim that Russia had a legal basis for intervening and that Crimea had the right to secede
from Ukraine. Most states, however, reject these claims. Thus, three questions are presented:
Was Crimea’s secession lawful under international law? To what extent has Russia violated
international law? And what is Crimea’s status? This article addresses these questions. Part 1
briefly describes the relevant circumstances and events leading to Crimea’s secession. Part 2
reviews the legal obligations between Ukraine and Russia concerning territorial integrity and
the prohibition against the use and threat of force. Parts 3 and 4 discuss the legality of Russia’s
intervention in Crimea and the legality of Crimea’s secession from Ukraine, respectively. Part 5
concludes this article by answering the questions it raises.
Description
Keywords
use of force, self-determination, intervention by invitation, Ukraine, Crimea, Russia, article
Citation
Marxsen Ch. The Crimea Crisis from an International Law Perspective / Christian Marxsen // Kyiv-Mohyla Law and Politics Journal. - 2016. - No. 2 : Legal and Political Dimensions of Contemporary Conflicts in Europe. - P. 13-36.