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ProSense

(116,464 posts)
Fri Mar 7, 2014, 12:38 PM Mar 2014

Analysis: Why Russia's Crimea move fails legal test

Analysis: Why Russia's Crimea move fails legal test

The Russian parliament says Crimea can become Russian territory if that is what the region's people decide they want in a referendum set for 16 March.

Here Marc Weller, Professor of International Law at the University of Cambridge, examines the legal issues raised by Russia's intervention in Crimea. The territory became part of Soviet Ukraine in 1954 and remained Ukrainian after the Soviet collapse in 1991.


Russia has clearly and unambiguously recognised Ukraine and its present borders. This was confirmed in:

  • The Alma Ata Declaration of December 1991, which consigned the Soviet Union to history,

  • The Budapest memorandum of 1994, offering security guarantees to Ukraine in exchange for removing nuclear weapons from its territory

  • The 1997 agreement on the stationing of the Black Sea fleet in Crimean ports.
The 1997 agreement, extended for an additional 25 years in 2010, authorises the presence of Russian ships in Crimean harbours, along with the presence of a large military infrastructure, including training grounds, artillery ranges and other installations. However, major movements of Russian forces require consultation with the Ukrainian authorities and the agreed force levels cannot be increased unilaterally.

Contrary to these obligations, Russia has augmented its forces in Crimea without the consent the Ukraine. It has deployed them outside of the agreed bases, taking control over key installations, such as airports, and encircling Ukrainian units.

Russia's actions have created space for the pro-Russian local authorities in Crimea to displace the lawful public authorities of Ukraine. Legally, this clearly amounts to a significant act of intervention - indeed, as Russian military units are involved, it is a case of armed intervention.

- more -

http://www.bbc.com/news/world-europe-26481423



52 replies = new reply since forum marked as read
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Analysis: Why Russia's Crimea move fails legal test (Original Post) ProSense Mar 2014 OP
Unfortunately warrior1 Mar 2014 #1
How do you feel about the people expressing self determination? newthinking Mar 2014 #2
So You Favor Russian Troops Going Back Barracks By Noon, Sir? The Magistrate Mar 2014 #4
That alone would not diffuse the situation newthinking Mar 2014 #14
Of Course It Would Defuse the Situation, Sir The Magistrate Mar 2014 #21
Exactly. In fact that's the best place to start. n/t ProSense Mar 2014 #38
So in 1861 you would have been ok with the south seceding from the union? Jenoch Mar 2014 #47
Crimea is under military occupation by a foreign power. geek tragedy Mar 2014 #5
This message was self-deleted by its author newthinking Mar 2014 #10
wider autonomy Alex_ Mar 2014 #11
I would love a link newthinking Mar 2014 #15
HuffPo Alex_ Mar 2014 #25
That is not an "offer", that is just words. newthinking Mar 2014 #45
The Russians are blocking OSCE observers from entering Crimea muriel_volestrangler Mar 2014 #26
It makes it less clear I agree. But can you agree that having pretty much destroyed newthinking Mar 2014 #46
(sigh) Alex_ Mar 2014 #6
Do you wonder why they moved the date of the referendum from May 25 to March 30 to March 16? pampango Mar 2014 #31
So now you also understand why there is a problem with the date of the National election also, right newthinking Mar 2014 #44
No Question they Have No Legal Leg To Stand On, Ma'am The Magistrate Mar 2014 #3
DUrec... SidDithers Mar 2014 #7
Not all replys are "for Russia". We just have different analysis/perspectives of the situation newthinking Mar 2014 #17
So the world would be better off ruled by treaties and agreements than by who has the biggest army? pampango Mar 2014 #8
Irrelevant. Russia has vital strategic interests in the Crimea... Demo_Chris Mar 2014 #9
"as Panama or New Orleans are to us." geek tragedy Mar 2014 #12
You are smarter than that... Demo_Chris Mar 2014 #18
Have you ever been to Panama? nt geek tragedy Mar 2014 #19
nope. nt Demo_Chris Mar 2014 #23
it's a fully independent country. no US troops there, at all. nt geek tragedy Mar 2014 #28
Do you believe it would eemain that way if we had any concerns? Demo_Chris Mar 2014 #30
that is delusional. maybe you should travel to Panama geek tragedy Mar 2014 #32
Do you really believe that or are you just being provocative? And what do you mean by "winking at pampango Mar 2014 #34
Panama does a ton of business with China and everyone else. In fact... stevenleser Mar 2014 #35
LOL. Putin violating international law and invading a country is "irrelevant" because...Putin. ProSense Mar 2014 #13
See. Putin is a 'real leader', not like Obama. The republicans keep telling us so. pampango Mar 2014 #16
It's not "irrelavent", but it is also not the full story newthinking Mar 2014 #20
No, not "Because Putin". Don't put words in my mouth... Demo_Chris Mar 2014 #22
"It's irrelevant because REALITY." ProSense Mar 2014 #29
Fortunately for the world, you are incorrect... Demo_Chris Mar 2014 #33
It's Putin apologia that makes no sense. ProSense Mar 2014 #36
Let me try again. I am not apologizing for Putin, who I detest... Demo_Chris Mar 2014 #39
No, ProSense Mar 2014 #40
Okay, well you're gonna need to get over it. *shrug* Demo_Chris Mar 2014 #42
LOL! n/t ProSense Mar 2014 #43
We had strategic interests in the Philippines and when the parliament there voted to boot us we okaawhatever Mar 2014 #24
And also because the Chinese have been very active in the South China Sea. amandabeech Mar 2014 #41
Because they've decided to be on the side of Cha Mar 2014 #48
I think you're 66% wrong and 33% right. Donald Ian Rankin Mar 2014 #50
They survive with the Bosphorus and Dardanelles crontrolled by NATO member Turkey muriel_volestrangler Mar 2014 #27
Absolutely. It's all a farce. This is all a Putin face saving measure. nt stevenleser Mar 2014 #37
Ukraine: Human rights monitors urgently needed as journalists and activists face...attacks in Crimea ProSense Mar 2014 #49
thanks, PS.. Cha Mar 2014 #51
You're welcome. Here's another ProSense Mar 2014 #52

newthinking

(3,982 posts)
2. How do you feel about the people expressing self determination?
Fri Mar 7, 2014, 12:43 PM
Mar 2014

What the population itself wants is much more representative than in Kiev. If we allow the change in Kiev with less than a majority how can we then fight the will of a much larger and clear majority in Crimea? It is hypocritical not to, especially given that Crimea is legally semi-autonomous and has always be recognized and self determining.

Can we both agree that we do not want to see civil war and the 10s of thousands of deaths (or hundreds of thousands) that would ensue?

The Magistrate

(95,247 posts)
4. So You Favor Russian Troops Going Back Barracks By Noon, Sir?
Fri Mar 7, 2014, 12:48 PM
Mar 2014

As that is the clearest means of avoiding the widespread fighting you profess to fear.

newthinking

(3,982 posts)
14. That alone would not diffuse the situation
Fri Mar 7, 2014, 01:03 PM
Mar 2014

I do believe a serious offer that includes constitutional protections and an EU type independence would.

The situation was moving toward civil war and it is even closer noe. The "standoff" has stopped that for the moment. But militias on both sides have formed and if Russia were to goo back to bases all that would happen is the militia and other citizens would stand firm in their place.

Think about it. There is a good chance if that happened There would be skirmishes between Ukraine or the maiden contingent ofNeo-nazis. That would definitely bring everyone into it, and could result in hundreds of thousand of deaths.

The Magistrate

(95,247 posts)
21. Of Course It Would Defuse the Situation, Sir
Fri Mar 7, 2014, 01:12 PM
Mar 2014

You are not arguing for a peaceful resolution; you are defending a Russian land grab. If you are going to support an imperialist venture, by all means, stand up boldly and say so: you will get more respect in the long run. Everyone prefers an honest rogue to a weasel....

 

geek tragedy

(68,868 posts)
5. Crimea is under military occupation by a foreign power.
Fri Mar 7, 2014, 12:48 PM
Mar 2014

No vote there can be trusted while the occupation continues.

Response to geek tragedy (Reply #5)

Alex_

(27 posts)
11. wider autonomy
Fri Mar 7, 2014, 12:59 PM
Mar 2014

Newthinking, the new Kyiv government recently made an offer of wider autonomy to Crimea, have you heard about that or do I need to find a link?

newthinking

(3,982 posts)
15. I would love a link
Fri Mar 7, 2014, 01:05 PM
Mar 2014

The problem is that now everyone's backs are up. If they really are willing to compromise on this they also need to tamper the rhetoric so that the people themselves can gain some confidence. But indeed it is very tricky at this point.

Alex_

(27 posts)
25. HuffPo
Fri Mar 7, 2014, 01:16 PM
Mar 2014

http:[link:http://www.huffingtonpost.com/2014/03/05/arseniy-yatsenyuk-crimea-ukraine-ukrainian-pm_n_4902928.html|

www.huffingtonpost.com/2014/03/05/arseniy-yatsenyuk-crimea-ukraine-ukrainian-pm_n_4902928.html

Here is Ukrainian PM going on the record with the wider autonomy statement:

'..Yatsenyuk said Crimea must remain part of Ukraine, but may be granted more local powers. He said was in favor of establishing a special task force "to consider what kind of additional autonomy the Crimean Republic could get."..'

newthinking

(3,982 posts)
45. That is not an "offer", that is just words.
Sat Mar 8, 2014, 01:48 AM
Mar 2014

I am not saying that all the extrernal pressures are a good thing. I am just making the point that given where things are now at, they need to make a *real* solid proposal, in writing and with the agreement of the US (since we have been in the middle of it all along). Just my analysis and 2 cents.

newthinking

(3,982 posts)
46. It makes it less clear I agree. But can you agree that having pretty much destroyed
Sat Mar 8, 2014, 01:56 AM
Mar 2014

the party of Regions (threatened most of their politicians, forced them to resign, burned down their offices. Same with other parties of the coallation) the end of May is not near enough time for representation to re-organize for half the country. It is a farce.

But in Crimea, where Nationalist parties have never reached anywhere close to half, there is much broader room for error and if everyone is honest they know where most of Crimea would stand.

Having said that, it indeed would be better to move it back. But I don't think that is going to happen. The chances of things remaining reasonable when out the window on the day that maiden broke the agreement and overthrew the government.

Alex_

(27 posts)
6. (sigh)
Fri Mar 7, 2014, 12:51 PM
Mar 2014

1. The change in Kyiv was enacted by parliament with a constitutional majority

2. There is no way to objectively determine what the Crimean population wants at this point while the region is being occupied by unidentified armed men that attack international observers

3. There has been no threat of civil war prior to the unidentified troops appearing on the ground as there has not been a single incident of violence against ethnic Russian population in the area

pampango

(24,692 posts)
31. Do you wonder why they moved the date of the referendum from May 25 to March 30 to March 16?
Fri Mar 7, 2014, 02:01 PM
Mar 2014

Are Putin and Crimean Russian authorities worried that a 3-month delay might jeopardize the pro-Russia outcome of the vote? Forecasting the political mood (and the status of Russian forces) that far into the future was too risky to base your foreign policy on an unknown referendum outcome. Plus the current diplomatic confrontation with Europe and the US could benefit from a favorable referendum outcome ASAP.

After all, a little over 40% of Crimeans are not ethnic Russians (Ukrainians and Tatar Muslims) and are likely to vote overwhelmingly to remain part of Ukraine. Among the ethnic Russians there will be some that see no need to be governed by people of their own ethnicity (imagine that) or are liberals who see a more liberal future with Europe than with Russia or see themselves as both Ukrainian and ethnically Russia and don't want to change that.

The outcome of a legitimate referendum (with a couple of months of debate and time to get monitors in place) would be far from a foregone conclusion. So it was decided to move the date up once and then once again so that the 'climate' for the referendum was more predictable and favorable. (Needless to say, a negative outcome to a referendum on becoming part of Russia would be a major embarrassment to Putin. Most Russian know that embarrassing Putin is not how you get ahead in this world.)

Also reports are that the only election monitors who will be invited are Russians. The UN and OSCE cannot even get peacekeeping monitors into Crimea, much less election monitors - so this is an ideal time to hold a referendum from the pro-Russian perspective.

newthinking

(3,982 posts)
44. So now you also understand why there is a problem with the date of the National election also, right
Sat Mar 8, 2014, 01:39 AM
Mar 2014

I agree with you.
Nothing is clear and clean as it should be, but that is all a result of what happened two weeks ago when maiden bypassed the treaty and overthrew the government.

But even with the unclear status, the will of the people in Crimea is much more clear and transparent than in Kiev. The majority in Crimea has always favored close ties to Russia. They consistently voted for party of regions. The Fatherland party would not stand a chance of winning an election in Crimea. But the Party of Regions was elected in Ukraine nationwide.

How do you roll the clock back?

The Magistrate

(95,247 posts)
3. No Question they Have No Legal Leg To Stand On, Ma'am
Fri Mar 7, 2014, 12:47 PM
Mar 2014

The only right they have is might, which as is often the case, will likely suffice....

newthinking

(3,982 posts)
17. Not all replys are "for Russia". We just have different analysis/perspectives of the situation
Fri Mar 7, 2014, 01:08 PM
Mar 2014

For instance, most all of my links have been to liberal blogs, NGOs, newspapers, etc. It is disingenuous and somewhat inflamatory when some call out those with differing opinions, even if they did use RT on a topic as an alternative viewpoint. It would be nice if folks could have an argument without the labels.

pampango

(24,692 posts)
8. So the world would be better off ruled by treaties and agreements than by who has the biggest army?
Fri Mar 7, 2014, 12:52 PM
Mar 2014

Agreements signed 20 years ago when a country had a weak army surely do not apply now when the army is strong. I can't believe a true liberal would suggest such a thing.

republicans are quietly nodding their heads. They know the advantages of wasting so much money on an oversized military. You get to make up the rules that other folks have to live by, just as Putin is doing.

Russia is the only developed country with a military budget that is a larger part of their GDP than in the US. It's 4.5% in Russia, 4.2% in the US. Other notables: Ukraine - 2.8%; Germany - 2.0%; Poland - 1.9%, Canada - 1.2%; China - 2.0%.

http://data.worldbank.org/indicator/MS.MIL.XPND.GD.ZS

All that extra money Russian citizens have spent on their military are paying off.

 

Demo_Chris

(6,234 posts)
9. Irrelevant. Russia has vital strategic interests in the Crimea...
Fri Mar 7, 2014, 12:54 PM
Mar 2014

It is as critical to their survival as Panama or New Orleans are to us. So all the western papers and pundits can blather and bleat as it suits them, but Putin will never really let go. Fortunately, Obama and the EU leadership understand this as well.

 

geek tragedy

(68,868 posts)
12. "as Panama or New Orleans are to us."
Fri Mar 7, 2014, 01:01 PM
Mar 2014
http://news.bbc.co.uk/2/hi/americas/585562.stm

The United States has handed over the Panama Canal to Panama, ending nearly a century of American jurisdiction over one of the world's most strategic waterways.
 

Demo_Chris

(6,234 posts)
18. You are smarter than that...
Fri Mar 7, 2014, 01:09 PM
Mar 2014

Panama gets go remain free so long as their leaders understand who's actually in charge.

 

Demo_Chris

(6,234 posts)
30. Do you believe it would eemain that way if we had any concerns?
Fri Mar 7, 2014, 02:00 PM
Mar 2014

Seriously, stop playing games here. If Panama even winked at China or Russia we would be invading and arresting their leaders by the end of the week. They are free so long as they understand the limits of that freedom.

 

geek tragedy

(68,868 posts)
32. that is delusional. maybe you should travel to Panama
Fri Mar 7, 2014, 02:02 PM
Mar 2014

and see what it's like there before pontificating and acting as if you know everything worth knowing about it.

pampango

(24,692 posts)
34. Do you really believe that or are you just being provocative? And what do you mean by "winking at
Fri Mar 7, 2014, 02:11 PM
Mar 2014

China or Russia"?Do you think that Chinese and Russian ships don't use the Panama Canal?

Or does 'winking' mean something much more dramatic to you than 'winking' means to most of us. Perhaps that Russia suddenly decides that Panama is the newest member of the Russian Federation and that "ethnic Russians" (there must be some in Panama somewhere) are under threat from Panamanian terrorists.

 

stevenleser

(32,886 posts)
35. Panama does a ton of business with China and everyone else. In fact...
Fri Mar 7, 2014, 02:12 PM
Mar 2014

a Chinese company got the concession to clean up the waters of the bay of Panama just off the Pacific entrance to the Canal to make them safe for a beach to eventually be placed there within the city limits of Panama City.

ProSense

(116,464 posts)
13. LOL. Putin violating international law and invading a country is "irrelevant" because...Putin.
Fri Mar 7, 2014, 01:01 PM
Mar 2014

Ridiculous.

pampango

(24,692 posts)
16. See. Putin is a 'real leader', not like Obama. The republicans keep telling us so.
Fri Mar 7, 2014, 01:06 PM
Mar 2014
Russia has vital strategic interests in the Crimea. ... Putin will never really let go ...

What Putin wants, Putin gets and no one can stand in his way. That's a real leader for you.

newthinking

(3,982 posts)
20. It's not "irrelavent", but it is also not the full story
Fri Mar 7, 2014, 01:12 PM
Mar 2014

There are many factors involved and it is not a simple situation. It is better for all if we recognize that. Tough talk is simply making the situation worse.

 

Demo_Chris

(6,234 posts)
22. No, not "Because Putin". Don't put words in my mouth...
Fri Mar 7, 2014, 01:15 PM
Mar 2014

It's irrelevant because REALITY. You might not be familiar with the history of the last century, or be incapable of looking at a map, but I do not suffer these deficiencies. You are free to be as outraged as you like, but nothing meaningful will happen here. Obama is handling this correctly so far. He'll make some speeches, express outrage, maybe call for some minor sanctions, and that will be that.

ProSense

(116,464 posts)
29. "It's irrelevant because REALITY."
Fri Mar 7, 2014, 01:46 PM
Mar 2014

"You might not be familiar with the history of the last century, or be incapable of looking at a map, but I do not suffer these deficiencies. You are free to be as outraged as you like, but nothing meaningful will happen here. Obama is handling this correctly so far. He'll make some speeches, express outrage, maybe call for some minor sanctions, and that will be that."

Pure BS. The only "reality" that makes violating international law "irrelevant" is bullshit Putin apoligia.

 

Demo_Chris

(6,234 posts)
33. Fortunately for the world, you are incorrect...
Fri Mar 7, 2014, 02:05 PM
Mar 2014

You have the ethical high ground, no question, but none of that matters.

ProSense

(116,464 posts)
36. It's Putin apologia that makes no sense.
Fri Mar 7, 2014, 02:13 PM
Mar 2014

Violating international law is not "irrelevant," and using "sanctions" to define "irrelevant" is beyond absurd.

 

Demo_Chris

(6,234 posts)
39. Let me try again. I am not apologizing for Putin, who I detest...
Fri Mar 7, 2014, 03:12 PM
Mar 2014

Rather, I am saying that all the hand wringing and pontificating are irrelevant because NOTHING WILL HAPPEN.

It's Russian territory, and it is a vital national interest that they hold it. Countering this we have a whole lot of 'wouldn't it be nice if' nonsense. Yeah, it would be nice, no doubt, but that's not reality. Reality is that Russia will not abandon a critical piece of real estate, one that has already proven itself to be vital to their survival as a nation and even as a people, just because some folks in America think they aught to.

ProSense

(116,464 posts)
40. No,
Fri Mar 7, 2014, 03:19 PM
Mar 2014

"Let me try again. I am not apologizing for Putin, who I detest...Rather, I am saying that all the hand wringing and pontificating are irrelevant because NOTHING WILL HAPPEN."

...that's not what you said or meant, and after insulting others for not understanding the situation, you went on to demonstrate your own lack of understanding of history.

This: "Irrelevant. Russia has vital strategic interests in the Crimea..."

...is not a statement implying "nothing will happen." It's defending Putin's actions.

okaawhatever

(9,462 posts)
24. We had strategic interests in the Philippines and when the parliament there voted to boot us we
Fri Mar 7, 2014, 01:16 PM
Mar 2014

left. It cost us billions to move everything, but we didn't invade the country. We've since been granted a new lease, and I'm sure one of the reasons is because we allowed for the legal process to decide and respected it.

 

amandabeech

(9,893 posts)
41. And also because the Chinese have been very active in the South China Sea.
Fri Mar 7, 2014, 03:22 PM
Mar 2014

The Chinese claim the famous nine-dash territorial waters line that scoops down deep as far as Malaysia and Brunei and takes in just about all the sea up to the beaches of the other nations that border that sea.

I'm having trouble keeping track of which islands or shoals are claimed by the Philippines and by China, but I believe they are the Spratleys.

I have also seen articles referring to instances of the Chinese stopping and harassing Philippine fishing boats in the South China Sea.

Maybe the Vietnamese will ask us back to Cam Rahn Bay if the Chinese get too rough. Stranger things have happened.

Cha

(297,244 posts)
48. Because they've decided to be on the side of
Sat Mar 8, 2014, 02:20 AM
Mar 2014

Big Vladdy.. no matter what. And, why? My guess is 'cause Putin's against the USA and President Obama. What do you think? Close?

Donald Ian Rankin

(13,598 posts)
50. I think you're 66% wrong and 33% right.
Sat Mar 8, 2014, 12:28 PM
Mar 2014

I don't think affection for Putin or personal antipathy to Obama are significant motivating factors.

I do think that antipathy towards the US and a desire to make it out to be the Worst Country in the World are, though.

I think you'll see the same opposition to just about any other position the USA adopts, irrespective of who it's against, or who the president is.

muriel_volestrangler

(101,319 posts)
27. They survive with the Bosphorus and Dardanelles crontrolled by NATO member Turkey
Fri Mar 7, 2014, 01:25 PM
Mar 2014

They could survive with the strait dividing Crimea from Russia having one bank under Ukrainian control. They could survive with bases in Crimea. They already have, since Ukrainian independence.

ProSense

(116,464 posts)
49. Ukraine: Human rights monitors urgently needed as journalists and activists face...attacks in Crimea
Sat Mar 8, 2014, 10:25 AM
Mar 2014
Ukraine: Human rights monitors urgently needed as journalists and activists face wave of attacks in Crimea

With journalists, activists and peaceful protestors facing increasing harassment and intimidation in Crimea, there is an urgent need for a strong international monitoring mission in Ukraine, said Amnesty International...calling for the Organisation for Security and Cooperation in Europe (OSCE) to urgently establish a strong international monitoring mission in the country.

“Attempting to monitor the human rights situation in Crimea has become a near impossible task. Self-styled Crimean self-defence groups are harassing pro-Ukrainian protesters, journalists and human rights monitors with complete impunity,” said John Dalhuisen, Europe and Central Asia Director at Amnesty International.

<...>

“The OSCE must quickly establish a strong monitoring mission and enjoy unimpeded access to all parts of Ukraine – including Crimea, which remains on a knife edge and where tensions are still high. Russia should welcome, not block this initiative,” said John Dalhuisen.

Peaceful protesters who attempt to express their support for the unity of Ukraine and opposition to Russian military presence in the Crimean peninsula face intimidation from pro-Russian activists.

- more -

http://www.amnestyusa.org/news/news-item/ukraine-human-rights-monitors-urgently-needed-as-journalists-and-activists-face-wave-of-attacks-in-c






ProSense

(116,464 posts)
52. You're welcome. Here's another
Sat Mar 8, 2014, 04:48 PM
Mar 2014

piece:

With Journalists Under Attack, Crimea Faces ‘Information Crisis’ Ahead Of National Referendum
http://www.democraticunderground.com/10024630765

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