Crimean Self-Determination or Russian Annexation?

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The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) are both introduced with articles on the right to self-determination. The principle of self-determination as jus cogens or an indisputable norm in international law nevertheless remains ambiguous, particularly relating to the legality behind the principle within the context of contemporary international life. The development of the principle was initially intended on overcoming the human rights impact colonialism had on those subjected to its authority in addition to the impact of decolonisation and post-colonialism had to international stability, economic relations and security as clearly stated in General Assembly Resolution 1514.[1] What is the relationship or distinction between State and Government and does the state itself possess the qualifications as embodied by the Montevideo Convention on the Rights and Duties of States if indeed such qualifications epitomise a universal model of statehood and autonomy? This intricacy is further debilitated when entrenched with ideological discourse as a tool to construct hegemonic regimes rather than adhering to the constitutive conditions within international public law. This complexity is undoubtedly exposed with the annexation of Crimea [territory of the Ukraine] by Russian authorities, undermining the regulations of the United Nations Charter[2] and of jus ad bellum or the criteria that determines the legality of warfare and the use of force, along with the prohibitions and the application of self-determination contained by the authority of international law. From the ousting of Viktor Yanukovych in Ukraine, to the referendum in Crimea that seemingly found the majority of the population in favour of becoming subjects of Russia, to the eventual deployment of Russian military personnel and annexation of the region with the intent of protecting its subjects from pro-Ukrainian extremists, is there a breach of Russia’ international obligations or is there credibility that can be considered legally tenable? It is the intention of this blog post on this gorgeous albeit cold Sunday afternoon to focus on the situation in Crimea by ascertaining Russia’ legal obligations regarding territorial integrity along with use of force, utilising a comparative approach on Kosovo and the Former Yugoslavia to ascertain the meaning of self-determination in international public law.

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