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CASES AND DOCTRINES IN PUBLIC INTERNATIONAL LAW WEL NICHOLE CAALIM VERDER ©
1 SAN BEDA COLLEGE OF LAW 2014
THE CRISIS IN CRIMEA
Ukrainian President Viktor Yanukovych's decision last November to pull out of an association deal with the EU sparked huge street protests that eventually led to his
downfall.
Pro-‐Russian forces have since taken over the Crimea region, and relations between the West and Russia have soured dramatically.
WHAT REALLY HAPPENED? The Crimean crisis is an ongoing international crisis involving Russia and Ukraine. Most developments apply to the Crimean peninsula, a multiethnic region of Ukraine comprising the Autonomous Republic of Crimea and the administratively separate municipality of Sevastopol; both are populated by an ethnic Russian majority and a large minority of ethnic Ukrainians and Crimean Tatars. The demographics of Crimea have undergone dramatic changes in the past centuries.
The crisis unfolded in late February 2014 in the aftermath of the Ukrainian revolution, when—after months of protests by Euromaidan and days of violent clashes between protesters and police in the Ukrainian capital of Kiev—the Ukrainian parliament held a vote to impeach the President of Ukraine, Viktor Yanukovych. However the vote failed to reach the three-‐fourths majority required to impeach a President according to the Constitution of Ukraine. Russian President Vladimir Putin said President Yanukovych was illegally impeached and that he regards him as Ukraine’s legitimate president. This was followed by the interim appointment of the Yatsenyuk Government as well as the appointment of a new Acting President of Ukraine, Oleksandr Turchynov, were seen by Russia as "self-‐proclaimed" in a "coup d'etat".
Beginning on February 26, unmarked men claimed by Russia to be local
self-‐defense forces but suspected to be Russian forces without insignia gradually took control of the Crimean peninsula. The Crimean parliament voted to dismiss the Crimean government, replace its Prime Minister and to call a referendum on Crimea's autonomy. Several days later, on March 11, after disagreements between Crimea, Sevastopol, and the newly appointed interim government in Ukraine, the Crimean parliament and the city council of Sevastopol adopted a resolution to show their intention to unilaterally declare themselves independent as a single united nation with the possibility of joining the Russian Federation as a federal subject—should voters approve to do so in an upcoming referendum.
On March 16, officials said that some 95.5% of voters in Crimea supported
joining Russia. Election officials said the turnout was a record high, although many Tatars and opponents of the referendum were reported to have boycotted the vote. On March 17, the Crimean parliament officially declared its independence from Ukraine and requested to join the Russian Federation.
The Ukrainian parliament has claimed that the referendum is
unconstitutional. Russia declared that its troops would stay until the political situation has been normalized while recognizing the recently appointed government of Crimea and mayor of Sevastopol, as well as the referendum and its possible outcome. The United States and the European Union said they consider the vote to be illegal, and warned that there may be repercussions for the Crimean ballot. WHAT INTERNATIONAL LEGAL OPTIONS ARE AVAILABLE TO CHALLENGE THE VOTE AND RUSSIA'S MOVES IN CRIMEA?
The international community has limited options to overturn the vote. On Saturday, Russia vetoed a [UN] Security Council resolution that would have declared the Crimea referendum invalid. The U.S. and other governments could seek a resolution of the UN General Assembly condemning the referendum, but this would not have any binding effect.
The General Assembly could also ask the International Court of Justice to render an "advisory opinion" that the referendum was illegal. After Kosovo declared independence from Serbia in 2008, the General Assembly, at the request of Serbia, asked the ICJ for an advisory opinion regarding Kosovo's declaration of independence. In that case, the ICJ concluded that Kosovo's declaration was not illegal. However, the Crimea situation is significantly different from Kosovo, and the ICJ might reach a different conclusion, especially if the question were framed differently. WHAT, IF ANY, PRECEDENT WILL THIS VOTE SET FOR OTHER RESTIVE REGIONS IN RUSSIA AND BEYOND?
If Crimea actually secedes and agrees to be annexed by Russia, this could embolden other secessionist movements in Eastern Europe and elsewhere.
When the United States and other European governments supported the independence of Kosovo, they were aware that it could set a precedent for other secessions, despite their arguments that Kosovo was a unique situation. (This is why some European governments with separatist movements -‐-‐ such as Spain and Turkey -‐-‐ did not support secession by Kosovo.) Two regions of Georgia -‐-‐ South Ossetia and Abkhazia -‐-‐ had previously declared themselves independent from Georgia, and in 2008 Russia recognized them as separate states. In 2006, the region of Transdnistria held a referendum and declared itself independent from Moldova.
Just as the United States recognized the possible precedent set by Kosovo's secession, Russia may find that its support for Crimea's independence might trigger referenda or secession movements that it opposes, such as in Chechnya.
CASES AND DOCTRINES IN PUBLIC INTERNATIONAL LAW WEL NICHOLE CAALIM VERDER ©
2 SAN BEDA COLLEGE OF LAW 2014
UKRAINE CRISIS: EU AND US IMPOSE SANCTIONS OVER CRIMEA The EU and US have announced travel bans and asset freezes against a number of officials from Russia and Ukraine.
The moves follow Sunday's referendum in Crimea, in which officials say 97% of voters backed breaking away from Ukraine and joining Russia.
The individuals targeted by the sanctions are seen as having played a key role in the referendum, which Kiev, the US and EU deem illegal. Pro-‐Russian forces have been in control of Crimea since late February. Moscow says the troops are pro-‐Russian self-‐defense forces and not under its direct control. The crisis follows the ousting on 22 February of Ukraine's pro-‐Moscow president Viktor Yanukovych, who had sparked months of street protests by rejecting a planned EU trade deal in favour of closer ties with Moscow. 'MOCKERY'
US President Barack Obama said in a press conference that Washington stood "ready to impose further sanctions" depending on whether Russia escalated or de-‐escalated the situation in Ukraine.
If Moscow continued to intervene in Ukraine, he warned, it would "achieve nothing except to further isolate Russia and diminish its place in the world".
The EU published a list of sanctions against 21 Russian and Ukrainian officials after a meeting of foreign ministers in Brussels. The list includes the acting prime minister of Crimea, the speaker of Crimea's parliament, three senior Russian commanders and several senior Russian parliamentary officials.
"We regret that Russia has so far not engaged in negotiations with Ukraine," EU foreign policy chief Catherine Ashton said in a press conference after the sanctions were announced. UK Foreign Secretary William Hague told reporters the list was not "set in stone".
He said this depends on "how Russia reacts to the referendum in Crimea which has been a mockery of any real democracy, and how they are reacting to the possibility of discussions and direct negotiations with Ukraine over the coming days".
The US said it had targeted seven top Russian government officials and lawmakers and four Crimea-‐based separatist leaders with financial sanctions for undermining "democratic processes and institutions in Ukraine".
The US list included Dmitry Rogozin, a Russian deputy prime minister, Valentina Matviyenko, head of the upper house of the Russian parliament and the ousted Ukrainian leader, Viktor Yanukovych.
"Today's actions send a strong message to the Russian government that there are consequences for their actions that violate the sovereignty and territorial integrity of Ukraine, including their actions supporting the illegal referendum for Crimean separation,'' the White House said in a statement.
The EU has also shown its support for Ukraine by announcing it will temporarily remove customs duties on Ukrainian exports to the EU. Ukraine's acting President Oleksander Turchinov said Kiev was ready for negotiations with Russia, but it would never accept the annexation of Crimea.
In a televised address, Mr Turchinov said that any actions inciting mass disorder would be viewed as "abetting the military aggressor and a crime against the state".
The Kiev authorities earlier said they had recalled their ambassador to Moscow for consultation.
Ukrainian Foreign Minister Andriy Deshchytsya has welcomed the EU's decision to impose sanctions.
He told the BBC: "I think it's a step forward in mobilising the international community and confronting the Russian decision to violate international order and international laws. Crimea is an integral part of Ukraine."
Russian Deputy Prime Minister Dmitry Rogozin, who is on the US sanctions list, says the measures will not affect those who do not have assets abroad, Reuters reports
"Comrade Obama, and what will you do with those who have neither accounts nor property abroad? Or didn't you think of that?" Mr Rogozin wrote on Twitter. 'CONTACT GROUP'
Monday's sanctions came hours after Crimea's parliament declared the region an independent state, following Sunday's referendum.
According to the parliamentary vote, Ukrainian laws now no longer apply in the region, and all Ukrainian state property belongs to an independent Crimea.
The peninsula will adopt the Russian currency, the rouble, and clocks will move two hours forward to Moscow time by the end of March.
CASES AND DOCTRINES IN PUBLIC INTERNATIONAL LAW WEL NICHOLE CAALIM VERDER ©
3 SAN BEDA COLLEGE OF LAW 2014
The document approved by MPs also appealed to "all countries of the world" to recognise Crimean independence.
The government in Kiev has said it will not recognise the results of the referendum.
Russia earlier proposed the formation of an international "contact group" to mediate in the crisis and seek changes in the constitution that would require Ukraine to uphold military and political neutrality.
But the authorities in Kiev have dismissed the proposal as "absolutely unacceptable", Ukrainian foreign ministry spokesman Yevhen Perebynis told Interfax Ukraine news agency.
Meanwhile, the parliament in Kiev has formally approved the partial mobilisation of 40,000 reservists and says it is monitoring the situation along the eastern border with Russia.
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