Crimea Occupied – Analysis of Russia’s Annexation of Crimea through the Eyes of Eyal Benvenesti

Crimea Occupied – Analysis of Russia’s Annexation of Crimea through the Eyes of Eyal Benvenesti

Seungmin Jung

 Special Thanks to : Prof. Kim Dae Sun and Prof. Lee Ki Bum

 

  • Table of Contents
  • INTRODUCTION
  • POLITICAL AND TERRITORIAL HISTORY
  1. Law of Occupation is binding law between the Russian Federation and Ukraine.
    1. Russia and Ukraine are State Parties to the Hague Conventions of 1907 and Geneva Convention as well as its Additional Protocol I.
    2. Russia and Ukraine are bound by the Law of Occupation as Customary International Law.
    3. Criticisms against Law of Occupation as binding International Law are while in existence, not credible.
  2. Russian Presence in Ukraine is Occupation.
    1. Use of Force by Russian Federation is not a prerequisite condition for the Application of Law of Occupation.
    2. Russia has established Effective Control over the Crimean Territory and Population of Ukraine prior to the Declaration of Independence of the Republic of Crimea in March 11 2014.
    3. In any case, Russian Federation established Effective Control over the Crimean Territory and Population of Republic of Crimea post its Annexation by Russia in March 18, 2014.
    4. Ukraine’s legal status as Sovereign over the Crimean Peninsula is unaffected by recent developments.
      1. Indivisible Sovereignty of Ukraine including the Crimean region resides with the government in Kiev.
      2. Secession of territory is intrinsically a domestic matter which needs affirmation of the constitution and the owner State, Ukraine.
      3. Annexation of Crimean Peninsula by Russian Federation is invalid for non sovereign Ukrainian rebel entities do not possess territorial sovereignty
      4. International Recognition of Republic of Crimea is sparse.
  3. Self Defence under the Doctrine of Rescue of Nationals Abroad is inapplicable by Russia.
  • CONCLUSION

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