Russia's Invasion Of Crimea: Violating International Laws

Russia's invasion of Crimea in 2014 violated international law and several international agreements.

The invasion was a breach of Article 2(4) of the UN Charter, which requires UN member states to refrain from the use of force against the territorial integrity or political independence of any state.

The annexation of Crimea also violated the 1994 Budapest Memorandum, in which Russia, the US, and the UK agreed to respect the independence and sovereignty and the existing borders of Ukraine.

The invasion was also a breach of the 1975 Helsinki Final Act, which included a promise from the USSR to refrain from violating the territorial integrity of other signees, including through the use of force.

In addition, the invasion violated the 1997 Treaty on Friendship, Cooperation, and Partnership between Russia and Ukraine, which reaffirmed the mutual commitment to respect each other's territorial integrity and existing borders.

The seizure of Crimea was also a violation of Ukraine's constitution, which states that Crimea is an inseparable constituent part of Ukraine.

Violation of Ukraine's territorial integrity

Russia's invasion of Crimea in 2014 violated Ukraine's territorial integrity and was considered illegal by the international community.

In February 2014, unmarked Russian soldiers were deployed to the Crimean Peninsula, wresting control of the region from Ukraine and starting the Russo-Ukrainian War. This military occupation laid the foundation for the annexation of Crimea by Russia on 18 March 2014.

The invasion and annexation of Crimea by Russia violated several international laws and treaties, including:

• The UN Charter: Russia's actions violated Article 2(4) of the UN Charter, which requires UN member states to refrain from the "use of force against the territorial integrity or political independence of any state."
• The 1994 Budapest Memorandum: Signed by Russia, the US, and the UK, this agreement committed the signatories to respect Ukraine's sovereignty and existing borders.
• The 1997 Treaty on Friendship, Cooperation, and Partnership between Russia and Ukraine: This treaty reaffirmed the inviolability of borders and mutual respect for territorial integrity.
• The Helsinki Final Act: Signed in 1975, this agreement committed the USSR to respect the territorial integrity of other signees, including Ukraine, and refrain from using force.
• The Minsk Agreements: These are a pair of ceasefire agreements signed by Russia and Ukraine relating to the conflict between the two countries that began in 2014.
• The 1970 UN General Assembly Resolution 2625: This resolution reinforced the principle of non-interference in the internal affairs of states as a fundamental principle of international law.

The annexation of Crimea was also considered illegal by the Ukrainian government, which viewed it as a violation of Ukraine's territorial integrity and sovereignty. The Ukrainian Constitution states that Crimea is an "inseparable constituent part of Ukraine."

The international community, including the UN General Assembly, the EU, the US, and the UK, condemned the annexation as illegal and imposed sanctions on Russia.

In addition to violating international law, Russia's invasion of Crimea also violated some countries' domestic criminal codes, including those of Russia, Ukraine, Belarus, and Poland, which prohibit planning, preparing, or waging an aggressive war.

Violation of the UN Charter

Russia's invasion of Ukraine, including the annexation of Crimea, violated Article 2(4) of the UN Charter, a central tenet of the charter that requires UN member states to refrain from the "use of force against the territorial integrity or political independence of any state." This violation of the UN Charter is further exacerbated by Russia's invasion of Ukraine in 2022, which has been described as a "crime of aggression" under Article 8bis(1) of the Rome Statute.

The UN Charter sets out the conditions under which UN member states may legally resort to war or the use of armed force, and Russia's actions in 2014 and 2022 clearly violate these principles. By invading Crimea, Russia breached its obligation to "settle international disputes by peaceful means" and to "refrain from the threat or use of force" against the territorial integrity of Ukraine.

Russia has attempted to justify its use of force in Crimea by invoking Article 51 of the UN Charter, which preserves the right of UN member states to individual or collective self-defence in the event of an armed attack. However, this argument has been widely criticised by international law and foreign policy experts. Ukraine did not commit or threaten an armed attack against Russia or any other UN member state, and even if Russia could prove that Ukraine had committed or planned attacks against Russians in Donetsk and Luhansk, Article 51 would still not permit a collective self-defence action as these regions are not recognised as separate states under international law.

Furthermore, Russia's argument that its invasion was justified on humanitarian grounds to protect Russian speakers in Donbas is also unfounded. There is no evidence that Ukraine has committed or is committing any acts that could amount to genocide, and even if there were human rights abuses, neither the UN Charter nor the Genocide Convention authorises the use of force as a response.

Russia's actions in Crimea also violated several international agreements, including the 1975 Helsinki Final Act, the 1994 Budapest Memorandum, the 1997 Treaty on Friendship, Cooperation and Partnership between Russia and Ukraine, and the Minsk Agreements.

The annexation of Crimea by Russia constitutes a flagrant violation of Ukraine's sovereignty and territorial integrity and is considered illegal and illegitimate by the international community, including the UN General Assembly, the EU, the US, and the UK.

Violation of the Helsinki Final Act

The Helsinki Final Act, signed in 1975, laid the foundation for a peaceful, rules-based order in the region. The Act's ten guiding principles established a comprehensive approach to security, recognising that lasting security and cooperation among states are linked to securing human rights and fundamental freedoms for every person.

Russia's invasion and annexation of Crimea in 2014 violated the Helsinki Final Act, which incorporated rights inherent in a country's sovereignty, including refraining from the threat or use of force, the rights of peoples to self-determination, and acceptance of international conduct principles.

The Soviet Union, of which Russia was a part, was one of the 35 countries that signed the Helsinki Final Act in 1975. The Act included the right of a country to sovereignty and territorial integrity, refraining from the threat or use of force, the right of peoples to self-determination, and the acceptance of international conduct principles.

Russia's invasion and annexation of Crimea violated these principles. Russia's actions included the use of force, the threat of force, and the violation of Ukraine's territorial integrity.

In addition, Russia's actions in Crimea undermined the peace and security of Europe, which is one of the key principles of the Helsinki Final Act.

The invasion and annexation of Crimea by Russia also violated other international agreements, such as the 1994 Budapest Memorandum, the Minsk agreements, and the 1997 Treaty on Friendship, Cooperation, and Partnership.

Russia's violation of the Helsinki Final Act and other international agreements has led to widespread condemnation and the imposition of sanctions by the international community.

Violation of the Budapest Memorandum

The Budapest Memorandum, signed in 1994, was a pledge by Russia, the US, and the UK to respect Ukraine's sovereignty and territorial integrity. In exchange, Ukraine agreed to give up its nuclear weapons and join the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) as a non-nuclear state.

In 2014, Russia violated the Budapest Memorandum by annexing Crimea. This was a blatant breach of Ukraine's sovereignty and territorial integrity, which are protected under the memorandum.

The Budapest Memorandum

The Budapest Memorandum, signed on December 5, 1994, was a key agreement that ensured Ukraine's security and territorial integrity. The signatories, Russia, the United States, and the United Kingdom, pledged to respect Ukraine's independence, sovereignty, and existing borders. In exchange, Ukraine agreed to give up its nuclear weapons and join the Treaty on the Non-Proliferation of Nuclear Weapons as a non-nuclear state.

Russia's Annexation of Crimea

In February 2014, Russian forces seized strategic sites across Crimea, including airports and parliamentary buildings. This action was a clear violation of Ukraine's sovereignty and territorial integrity, which are protected under the memorandum. The Russian troops, attached to the Russian Black Sea Fleet stationed in Crimea, blocked opposition media and put down rallies in support of Ukraine.

The Crimean Referendum

Russia held a referendum in Crimea on whether to join Russia, with the option to remain part of Ukraine absent from the ballot. The referendum was conducted under Russian occupation and, according to Russian-installed authorities, resulted in an overwhelming majority in favor of joining Russia. This referendum was rejected by Ukraine, the United Nations General Assembly, and other countries, who considered it a violation of international law.

International Reaction

The annexation of Crimea by Russia was met with widespread condemnation from the international community. Canada, France, Germany, Italy, Japan, the UK, and the US stated that Russia's actions breached its obligations under the Budapest Memorandum and violated Ukrainian sovereignty. This led to Russia's suspension from the G8 and the imposition of sanctions.

Impact on Nuclear Non-Proliferation

Russia's violation of the Budapest Memorandum has had far-reaching consequences for nuclear non-proliferation. It has raised questions about the reliability of security assurances provided by major powers, potentially undermining efforts to dissuade countries from possessing nuclear weapons. Ukraine's decision to give up its nuclear arsenal in exchange for security assurances now appears less appealing to other nations seeking to safeguard their sovereignty.

Future Implications

The violation of the Budapest Memorandum by Russia has damaged the credibility of security assurances provided by major powers. It remains to be seen whether Russia will face further consequences for its actions and if the international community can restore faith in the commitments made to protect the territorial integrity of nations.

Violation of the Treaty of Friendship, Cooperation and Partnership

The Treaty of Friendship, Cooperation and Partnership, also known as the "Big Treaty", was signed in 1997 between Ukraine and Russia. The treaty enshrined the principle of strategic partnership, mutual respect for territorial integrity, and a mutual commitment to not use their territory to harm each other's security. It also stipulated that the treaty would be automatically renewed every ten years unless one party advised the other of its intention to end the treaty six months prior to the renewal date.

In 2014, Russia invaded and annexed Crimea, which was part of Ukraine. This was a clear violation of the treaty, as Russia had invaded and occupied Ukrainian territory, threatening Ukraine's security. Following this, in 2018, Ukrainian President Petro Poroshenko signed a decree to not extend the treaty, and it expired on 31 March 2019.

The annexation of Crimea marked the beginning of the Russo-Ukrainian War and led to widespread condemnation, with Ukraine and other countries considering it a violation of international law and Russian agreements safeguarding Ukraine's territorial integrity. The United Nations General Assembly also rejected the referendum and annexation, adopting a resolution affirming Ukraine's territorial integrity within its internationally recognised borders.

Frequently asked questions