CRIMEAN REFERENDUM DOESN'T VIOLATE INTERNATIONAL LAW

The claim that the Crimean referendum violates international law is undercut by the ICJ’s Advisory Opinion on Kosovo’s Declaration of Independence. In that opinion, the ICJ found (among other things) that general international law does not prohibit unilateral declarations of independence. The authors of the “unilateral” declaration of independence did not consult Serbian authorities (much less get its consent). Like the declaration of independence, the referendum does not by itself “secede” Crimea from Ukraine under international law. And unlike the declaration of independence, the referendum could find support (if other conditions are met) in the law of self-determination.

The controversial poll has been widely condemned internationally – the US, UK and Germany have refused to recognise its legitimacy and David Cameron and Angela Merkel warned of “consequences” for any Russian attempt to legitimise the vote.

International law is crucial to the situation in the Ukraine. It is of particular relevance to the right of self-determination of the people of Crimea and whether Russia can lawfully intervene on the territory of Ukraine.

The right of self-determination, as enshrined in the UN Charter and international human rights treaties, enables a people to determine its own political, economic, social and cultural status. It has been applied in recent years in the former Yugoslavia, East Timor and South Sudan. It is certainly arguable that the people in Crimea have a distinct identity and territory, created over centuries and fostered by decisions of the USSR, Russia and Ukraine. This includes its status as an autonomous region within the state of Ukraine and by specific agreements about it between Russia and Ukraine. It is not unlawful for Crimea to have a referendum and declare itself independent (or that it wishes to merge with Russia), as this was allowed by the International Court of Justice in its advisory opinion on the declaration of independence by Kosovo.