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The Crisis in Ukraine and the Prohibition of the Use of Force: A Legal Basis for Russia’s Intervention?

Published on March 4, 2014        Author: 

The European continent is currently witnessing the most severe security crises since the tragic events surrounding the dissolution of the Republic of Yugoslavia. The post will discuss the legal bases for Russia’s use of force on the Crimean peninsula. 

On 1 March 2013 the President of the Russian Federation submitted an appeal to the Council of the Russian Federation for authorization to use armed force ‘[i]n connection with the extraordinary situation that has developed in Ukraine and the threat to citizens of the Russian Federation, our compatriots, the personnel of the military contingent of the Russian Federation Armed Forces deployed on the territory of Ukraine (Autonomous Republic of Crimea)’. The same day the Council granted authorization to the Russian President to deploy forces in the Ukraine. I will discuss two possibilities that could be invoked to justify Russian deployment of force despite of the general prohibition to use force under Article 2 (4) of the Charter: (i) self defence and (ii) intervention by invitation. Read the rest of this entry…

 
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