In reaction to the incorporation of Crimea into the Russian Federation, I had written that the use of Russian armed force against Ukraine is contrary to one of the most fundamental principles of contemporary international law and can be qualified as an “aggression” (Le Monde, 14 March 2014). This applies all the more to the use of armed force against Ukraine as a whole (and not only against the separatist regions of Lugansk and Donetsk. Despite the positions I had publicly taken, I was approached by the Russian authorities to participate in Russia’s defence before the International Court of Justice (ICJ) and two arbitral tribunals that Ukraine had seized concerning certain consequences of the Russian takeover of Crimea.
Ukraine
Page 26 of 27
Was Russia’s Recognition of the Separatist Republics in Ukraine ‘Manifestly’ Unlawful?
In this post I will not be addressing the legality of Russia’s use of force against Ukraine, but that of its recognition of the separatist republics in Ukraine as independent States. This recognition has been described by numerous other States as not only unlawful, but as a manifest or flagrant breach of international law. For example, the words…
After Hegemony: The Law on the Use of Force and the Ukraine Crisis
Most questions on the law on the use of force surrounding the Russian invasion in Ukraine are straightforward. There is simply no plausible legal justification for the invasion, and Putin’s attempt at creating one through recognizing the ‘people’s republics’ of Donetsk and Luhansk and then claiming collective self-defence and the need to protect them from Ukrainian ‘genocide’ is…
Will a state supplying weapons to Ukraine become a party to the conflict and thus be exposed to countermeasures?
According to the time-honoured law of neutrality, the territory of neutral powers is “inviolable” (Art. 1 Hague “Convention (V) respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land, October 18, 1907). Parties to a conflict may therefore not use it in any conflict-related manner, e.g. to transport war material (…
Could Russia be Suspended from the United Nations?
The General Assembly is currently meeting in Emergency Special Session on Ukraine, and will likely pass a resolution condemning Russia’s aggression, demanding the withdrawal of troops, and urging a peaceful resolution to the crisis. Such a resolution will be an important step, but also begs the question: if these appeals for peace are not heeded, what could be…