Crimea Occupied – Analysis of Russia’s Annexation of Crimea through the Eyes of Eyal Benvenesti
Special Thanks to : Prof. Kim Dae Sun and Prof. Lee Ki Bum
- Table of Contents
- POLITICAL AND TERRITORIAL HISTORY
- Law of Occupation is binding law between the Russian Federation and Ukraine.
- Russia and Ukraine are State Parties to the Hague Conventions of 1907 and Geneva Convention as well as its Additional Protocol I.
- Russia and Ukraine are bound by the Law of Occupation as Customary International Law.
- Criticisms against Law of Occupation as binding International Law are while in existence, not credible.
- Russian Presence in Ukraine is Occupation.
- Use of Force by Russian Federation is not a prerequisite condition for the Application of Law of Occupation.
- 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.
- 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.
- Ukraine’s legal status as Sovereign over the Crimean Peninsula is unaffected by recent developments.
- Indivisible Sovereignty of Ukraine including the Crimean region resides with the government in Kiev.
- Secession of territory is intrinsically a domestic matter which needs affirmation of the constitution and the owner State, Ukraine.
- Annexation of Crimean Peninsula by Russian Federation is invalid for non sovereign Ukrainian rebel entities do not possess territorial sovereignty
- International Recognition of Republic of Crimea is sparse.
- Self Defence under the Doctrine of Rescue of Nationals Abroad is inapplicable by Russia.