ukrainian crisis 2013-2015

The Law of International Organisations

The Ukrainian Crisis2013-2015

1The Ukrainian Crisis: 2013- 2015

Crisis or CrisES?

Combination of many different


EuroMaidanAnnexation of CrimeaConflict in DonbassDowning of MH173The Ukrainian Crisis: 2013- 2015

EuroMaidan Begins4The Ukrainian Crisis: 2013- 2015

Clashes with the police went on for months5The Ukrainian Crisis: 2013- 2015


On February 18, 2014 EuroMaidan experiences its deadliest day (100 casualties)There is an attempt to find a compromise between the government and the opposition, at the presence of: Russian Presidents Special EnvoyFrance, Germany and Polands Foreign Ministers (on behalf of the EU)But before the Agreement could be implemented, Yanukovych flees from Kyiv and takes refuge in Rostov-on-Don (Russia).

EuroMaidan: the developments7The Ukrainian Crisis: 2013- 2015

This generates a great degree of chaos because8The Ukrainian Crisis: 2013- 2015

- This is also because Turchynov is pro-EU while Yanukovych is pro-Russia8


The facts 1/2:Right after Yanukovych was deposed, pro-Russian citizens started to mobilize in CrimeaThere were many reasons for this:The new President, Turchynov was pro-EUThe new Government had repealed a controversial Law on the Principles of State Language Policy that gave Russian (and other minority languages) the status of co-official language together with Ukrainian Turchinov later blocked this repeal in a conciliatory attempt10The Ukrainian Crisis: 2013- 2015

The facts 2/2:Soon, local self-defense units were established, who:took control of governmental buildings, airports, roads, TV and radio stations appointed a new local Leader, Sergeiy Aksenovdrafted a Declaration of Independence from Ukraine and indicted a Referendum to approve it on March 16, 201411The Ukrainian Crisis: 2013- 2015

How was this possible?These self-defense units were backed by thousands of little green men(http://www.bbc.com/news/world-europe-26

12The Ukrainian Crisis: 2013- 2015Military gears

No distinctive signs

Russian accents

Russian plaques on their lorries

- Russian arms

ReactionsOn March 1, 2014 President Putin submitted a request to the Council of the Federation (Russias Upper House) to deploy troops to Crimea to restore peace and to protect Russian compatriots (but in fact Ukraine claimed the presence of Russian troops since February 24). The UNSC met 5 times in March to talk about the situation in Crimea. The discussion was extremely polarized


Those Little Green Men are Russian soldiersRussia has violated the terms of the Black Sea Fleet Status of Forces AgreementsRussia has violated the territorial sovereignty of UkraineRussia has breached the prohibition of the use of force and thus committed an act of aggression The Referendum should not be recognized as validInconsistent approach and several legal justifications 1) They are not Russian soldiers2) They are Russian soldiers but they were already in Crimea according to the lease Agreement between Russia and Ukraine4) We intervened because Yanukovych and Aksenov asked us to restore peace in Crimea (intervention by invitation)5) We intervened to protect the rights of our soldiers, of the Russian-speaking population in Crimea and to allow our compatriots to express their free will through the referendum (protection of nationals abroad and right to self-determination)


Russia vetoed a draft UNSC Resolution on the Territorial Integrity of Ukraine (March 15, 2014)The Referendum for the independence took place on March 16, 2014 and the official results reported

After a formal request of accession to the Federation, President Putin declares Crimea as part of Russia on March 18, 2014.96% in favor of secession and reunion with Russia15The Ukrainian Crisis: 2013- 2015

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Valid?


Criticism about its compliance with Ukrainian constitution, about its transparency and the lack of international observers16

ConsequencesLack of recognition (intl law principle ex injuria jus non oritur)UNGA Resolution reaffirming Territorial Integrity of Ukraine ( 68/262, March 24, 2014)100 countries in favor; 11 against; 58 abstained; 24 absent (text: http://www.un.org/en/ga/search/view_doc.asp?symbol=A/68/PV.80) First round of sanctions from the USA and the EU



What is Donbass?

South-Eastern Region of Ukraine of Russian-speaking majority.19The Ukrainian Crisis: 2013- 2015

FactsPrompted by Crimeas annexation, pro-Russian separatists proclaimed the independence of two Republics: Donetsk Peoples RepublicLuhansk Peoples Republic

They started taking control of governmental buildings and to build barricades around them in several citiesHeld unrecognized referendums in May

Alliance of Novorossiya20The Ukrainian Crisis: 2013- 2015

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WarfareUkraines military operations against the rebels start in April 2014. Many Neo-Nazis extremists are fighting alongside Ukraine (mainly Svoboda and the Right Sector)On the other hand, Russia is believed to be supporting the rebels through arms and ammunitions, under the guise of humanitarian aid. New round of sanctions


Key moments May 2, 2014 the Odessa MassacreMay-June 2014 Bombing of MariupolMay 2014; September 2014- January 2015 Battles of Donetsk Airport22The Ukrainian Crisis: 2013- 2015

Odessa: a pro-Maidan manifestation was disturbed presumably by pro-Russians. In reaction right-wing militants set fire to the anti-Maidan camp and pushed their opponents to a nearby trade union building, which was in turn burned down. People trying to escape were beaten to death. Officially, at least 48 people died.

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Some figures:Total number of casualties: 8050 Total number of refugees, IDPs or asylum seekers: 1,075,736 (according to UNHCR)


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MH17A Malaysia Airline Flight (MH17) headed from Amsterdam to Kuala Lumpur is shot near the village of Grabove (held by the rebels)All 298 passengers are dead, the majority of them are of Dutch nationality


Whose fault?Ukrainian President Poroshenko calls it a terroristic act; US President Obama blames a missile shot from the rebel-controlled territory and holds that Russias help was crucial; Russias President Putin blames Ukraine. The UNSC adopts a Resolution on July 21, 2014 to condemn the attack and demand access to crash site (text: An inquiry commission is set up to clarify the facts. It is led by the Netherlands, as the country with the highest number of victims. 26The Ukrainian Crisis: 2013- 2015

Yet another round of sanctions is issued against Russia at the end of July 2014. In July 2015, Russia vetoed a UNSC Resolution to set up an international Tribunal. In October 2015, the inquiry commission issued its report. 27The Ukrainian Crisis: 2013- 2015

Report of the Inquiry CommissionThe MH17 was shot by a BUK Missile

It is owned both by Russian and Ukrainian armies Howevever, according to the State-owned company Almaz-Antey that specific model has not been produced by Russia since 1999The report has not established liability. This will be done, instead, by a criminal investigation by a Joint Investigation Team (JIT) to be concluded in 2016.


What have other actors done in reaction to the crisis?29

Imposed sanctions targeting:IndividualsCompaniesRussia as a StatePutins inner circleMembers of the Government and the Military (both Ukrainian and Russian)Banking and financial institutionsEnergy-related companiesDefense sector

The Ukrainian Crisis: 2013- 2015

Other countries joined

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Non-EU countries that have introduced sanctions

EU countries that have introduced sanctions


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Some targetsThe Ukrainian Crisis: 2013- 2015

Material scope of restrictive measures32The Ukrainian Crisis: 2013- 2015

Motives behind the adoption of restrictive measures[] certain persons responsible for actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, including actions on the future status of any part of the territory which are contrary to the Ukrainian Constitution, and natural or legal persons, entities or bodies associated with them. (COUNCIL REGULATION (EU) No 269/2014 of 17 March 2014)

[] actions and policies of persons including persons who have asserted governmental authority in the Crimean region without the authorization of the Government of Ukraine that undermine democratic processes and institutions in Ukraine; threaten its peace, security, stability, sovereignty, and territorial integrity; and contribute to the misappropriation of its assets, constitute an unusual and extraordinary threat to the national security and foreign policy of the United States.(EXECUTIVE ORDER (US President) No. 13660)

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How has Russia responded?It has imposed countersanctions, including an embargo on food and agricultural products coming from the EU, the USA and some other sanctioning countries

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What have sanctions accomplished so far?35

They have NOT attained the goal they were adopted for

Besides sanctions, whats the role of the EU and other IOs in solving the crisis?March 21, 2014 OSCE (Organization for Security and Cooperation in Europe) establishes Special Monitoring Mission to UkraineApril 17, 2014 first attempt to solve the crisis through Geneva Talks (EU, USA, Ukraine and Russia)July 24, 2014 deployment of OSCE observers to the Russian Checkpoints of Donetsk and GukovoSeptember 5, 2014 First Minsk Protocol signed to implement ceasefire; September 19, 2014 a Memorandum was addedFebruary 11, 2015 Second Minsk Protocol signed, to implement immediate ceasefire Ceasefire has never been fully implemented so far


Diplomatic Measures from other IOsHalting of EU-Russia cooperation projects on visa mattersSuspension of Russias Membership from G8 (now, G7)Suspension of Russias voting rights in Council of Europe (COE)37The Ukrainian Crisis: 2013- 2015

More Questions?

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