‎ Political Science

Assignment and Directions: Please raise and address an international legal question related to the situation in Crimea. Remember the question which is asked affects the answer. The brief should begin with a statement of the general question to which the dispute relates. You then should specify the precise question related to Crimea. For example, recall that the specific question from the General Assembly in the Kosovo case read: “Is the unilateral declaration of independence by Provisional Institutions of Self-Government of Kosovo in accordance with international law?”  The International Court of Justice (ICJ) phrased this as “On the accordance of international law of the unilateral declaration of independence in respect of Kosovo.” Its verdict read “the declaration of independence did not violate international law.” This specific question in turn related to the general issue: “Whether a declaration of independence is in accordance with international law.”  Note the importance of the Kosovo question as asked – it is not about secession or the requirements for statehood. Also, note that the ICJ in its verdict explains that the questions of secession and statehood were not raised. (This introduction of the question should take about one or two paragraphs, perhaps half a page.)

After the statement of the question, you should state the material facts, including the disputes over the material facts. This requires research. In this case, what happened in Crimea? In the case of Kosovo, the ICJ outlines the facts as presented by Serbia and Kosovo. In the case of Crimea you will need to present the contending facts from Russia, Crimea, Ukraine, and other actors you might deem relevant such as the US, EU, or NATO.  For example, was there a Russian aggression or intervention, or were Russian troops acting legally. (The discussion of the chronological facts probably requires 1-2 pages.)

Third, you should consider relevant treaties, conventions, agreements, decisions, and principles. (Note that the content of these international legal documents, and how you interpret the content, might bear upon how you understand disputes about material facts.) This requires research. Think about differences and similarities with the Kosovo case. Perhaps explore the relevance of the concept of remedial independence or secession, or whether force was used. Consider the international legal difference between intervention and aggression. Depending upon the question you ask you might explore the legality of Russia’s actions, or even the subsequent extension of Russia’s claims in and below the Black Sea. You also need to consider relevant treaties, such as the Helsinki Accord and its provisions on changing of borders. All these legal facts along with the material facts create the basis for your decision in the dispute. Further note, if you ask a narrow question, such as in the Kosovo case, then you should be certain to specify the question’s limits and concerns. You also should specifically note which issues are beyond the question. (This will be the longest section of your page, about 3-4 pages).

Finally, argue for the international legality of a particular position on Crimea with respect to your question.  Then summarize the legal question and pose what its relevance might be in other disputes. (The conclusion probably requires about a page.) The brief should be about 7-9 pages, double-spaced, typed and referenced.

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International Court of Justice Advisory Opinion on Kosovo – You might wish to consider or reference some of these arguments. Also the manner in which the opinion is developed might help you understand the structure for this assignment. Note, however, you do not need to justify, as the ICJ does, that you have jurisdiction to provide an opinion in the dispute. I am giving you that jurisdiction.

Supreme Court of Canada's Ruling on Secession of Quebec

ICJ Advisory Opinion on the Legal Consequences of the Continued Presence of South Africa in Namibia

ICJ Advisory Opinion Legal Consequences of the Construction of a Wall in Occupied Palestinian Territory

ICJ Judgment Nicaragua v. USA.

ICJ Case Concerning Gabcikovo-Nagymaros, Hungary v. Slovakia

European Court of Human Rights, Georgia v Russia, (I) App No. 13255/07 (Merits) (ECtHR, 3 July 2014) and Georgia v Russia (II) App. No 38262/08

ICJ Judgment, Maritime Delimitation in the Black Sea (Romania v. Ukraine) (Judgment) [2009] ICJ Rep 61

UN Charter: Articles 2(4); 51

The Alma Ata Declaration of December 1991

Articles 1 and 2 of the (Budapest) Memorandum on Security Assurances in connection with Ukraine’s Accession to the Treaty on the Non-Proliferation of Nuclear Weapons, 1994

Article 2 of the Treaty of Friendship, Cooperation, and Partnership between Ukraine and the Russian Federation, 1997

Agreement between Ukraine and the Russian Federation on the Status and Conditions of Presence of the Black Sea Fleet of the Russian Federation in the Territory of Ukraine (dated May 28, 1997) Agreement between the Cabinet of Ministers of Ukraine and the Government of the Russian Federation on the Use of Airspace of Ukraine and of Airspace Over the Black Sea (dated July 16, 1999).

Helsinki Final Act 1975

Article 73 Ukrainian Constitution

United Nations General Assembly Res 2625 (XXV) (containing the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations).

UN General Assembly Res 68/262, “Territorial Integrity of Ukraine”

International Criminal Court, Resolution of Review Conference, "Crime of Aggression"

UN General Assembly Resolution 3314 (XXIX), Article 3(a)

Constitution of the Autonomous Republic of Crimea (prior to independence)

Article 1 of the Crimean Constitution states:

The Autonomous Republic of Crimea shall be an integral part of Ukraine and it shall solve, within the powers conferred upon it by the Constitution of Ukraine, any and all matters coming within its terms of reference.

The Autonomous Republic of Crimea shall also exercise any and all powers as may be delegated to it by Ukrainian laws pursuant to the Constitution of Ukraine.

Declaration of Independence of the Autonomous Republic of Crimea and Sevastopol:

We, the members of the parliament of the Autonomous Republic of Crimea and the Sevastopol City Council, with regard to the charter of the United Nations and a whole range of other international documents and taking into consideration the confirmation of the status of Kosovo by the United Nations International Court of Justice on July 22, 2010, which says that unilateral declaration of independence by a part of the country does not violate any international norms, make this decision jointly:

1. If a decision to become part of Russia is made at the referendum of the March 16, 2014, Crimea including the Autonomous Republic of Crimea and the city of Sevastopol will be announced an independent and sovereign state with a republican order.

2. Republic of Crimea will be a democratic, laic and multinational state, with an obligation to maintain peace, international and intersectarian consent in its territory.

3. If the referendum brings the respective results, Republic of Crimea as an independent and sovereign state will turn to the Russian Federation with the proposition to accept the Republic of Crimea on the basis of a respective interstate treaty into the Russian Federation as a new constituent entity of the Russian Federation.

Declaration approved by the Resolution of the Supreme Council of the Autonomous Republic of Crimea at the extraordinary plenary session on March 11, 2014 (signed by the Chairman of the Supreme Council of the Autonomous Republic of Crimea Vladimir Konstantinov) and by the Decision of the Sevastopol City Council at the extraordinary plenary session on March 11, 2014 (signed by the Chairman of the Sevastopol city council Yury Doynikov).

Referendum on Reunification/Secession

Choice 1: Do you support the reunification of Crimea with Russia with all the rights of the federal subject of the Russian Federation?

Choice 2: Do you support the restoration of the Constitution of the Republic of Crimea in 1992 and the status of the Crimea as part of Ukraine?

EU Non-Recognition

Russia Military Doctrine, see point 3 and point 20

UN Human Rights Report: Ukraine

UN Security Council Meeting, March 1, 2014

Responsibility to Protect (R2P)

Report by the Independent International Fact Finding Mission on the Conflict in Georgia, Vol. I (September 2009), 23 - 26, http://www.ceiig.ch/pdf/IIFFMCG_Volume_I.pdf

Interim measure granted in inter-State case brought by Ukraine against Russia

(ECHR 073, 13 March 2014), available at http://hudoc.echr.coe.int/sites/eng-press/pages/search.aspx?i=003-4699472-5703982#{"itemid":["003-4699472-5703982"]}

"Russia's International Legal Claims on Seas as Extension of Territory".