This chapter will focus on the Crimean issue between Ukraine and Russia and, in particular, on the contradictory elements it entails. On the one hand, it played out in violation of one of the most important – if not, the most important – rules of international law, the prohibition of the use of force for conquering a territory. It is clear that Russia interfered in Crimean affairs, and that this interference involved the use of force, prohibited under international law, albeit without bloodshed. On the other hand, Crimea became Russian without a single shot being fired, and following several democratic, if opaque, steps. The purpose of this chapter is to ask what we can make of manifestations of political will in a context where the use of force is in play. In order to do so, this chapter will first go through some recent events that are often invoked in the narrative in favour of the Russian annexation (Section 2). Then Section 3 will highlight the events surrounding the 2014 occupation and annexation (or reunification, depending on the narrative) of Crimea. Section 4 will highlight the importance of the prohibition of annexation in contemporary international law. Finally, Sections 5 and 6 will reflect on the reactions of the international community and whether it is possible to separate the democratic processes from Russian occupation.

An attempt to disentangle the Crimean impasse / L. Crema - In: Between Democracy and Law : The Amorality of Secession / [a cura di] C. Closa, C. Margiotta, G. Martinico. - Prima edizione. - [s.l] : Routledge, 2020. - ISBN 9780367145804. - pp. 213-226

An attempt to disentangle the Crimean impasse

L. Crema
2020

Abstract

This chapter will focus on the Crimean issue between Ukraine and Russia and, in particular, on the contradictory elements it entails. On the one hand, it played out in violation of one of the most important – if not, the most important – rules of international law, the prohibition of the use of force for conquering a territory. It is clear that Russia interfered in Crimean affairs, and that this interference involved the use of force, prohibited under international law, albeit without bloodshed. On the other hand, Crimea became Russian without a single shot being fired, and following several democratic, if opaque, steps. The purpose of this chapter is to ask what we can make of manifestations of political will in a context where the use of force is in play. In order to do so, this chapter will first go through some recent events that are often invoked in the narrative in favour of the Russian annexation (Section 2). Then Section 3 will highlight the events surrounding the 2014 occupation and annexation (or reunification, depending on the narrative) of Crimea. Section 4 will highlight the importance of the prohibition of annexation in contemporary international law. Finally, Sections 5 and 6 will reflect on the reactions of the international community and whether it is possible to separate the democratic processes from Russian occupation.
Settore IUS/13 - Diritto Internazionale
2020
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2434/679648
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