How the Russian Federation Breaches International Treaties’ in the Crimea This is the legal analysis of the Russian Federation’s actions in the South-Eastern regions of Ukraine and the Autonomous Republic of Crimea within the framework of State Duma’s decisions on the Foreign Territories annexation and their correlation to the International and Bilateral standards of safety. It contains facts convicting ineligible actions of Russian Federation, namely: 1. Breakage of the following principles of International Laws by Russia: • Principle of the Force Non-Using and Threatening to Recourse to Force. Nowadays this is the established International Law Principle set by the UN Charter (Clause 4, Section 2). In accordance with the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States the Principle’s general provisions foresee the following: - Every State in its International Relations should abstain from the threat of force or use of force against other States’ inviolability of territory or political independence or in any other way inconsonant to the UN aims. - Thus, all the key military assets are being blocked by armed men and combat equipment. • Principle of Non-Intervention into the Domestic Affairs - The Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States sets that none State or a group of states is not entitled to intervene, expressly or implicitly, into other State’s domestic affairs. None State is entitled to use military, political or any other coercion acts aiming to prostrate a country. Organization or support of any subversive or terroristic activities targeted towards perforce change of the State’s political system are prohibited. • Principle of Territory Integrity set by the Helsinki Final Act of 1975. According to the Act’s provisions all the member countries are obliged to respect other member states’ territory integrity. • Principle of the Inviolability of Frontiers set by the Helsinki Final Act of 1975. According to the Act’s provisions the member countries treat each other frontiers as inviolable. They are obliged to abstain from any infringement aiming to seize other member country’s territory in a part or in a whole. • Principle of the Fulfillment in Good Faith of Obligations under International Law. - According to the UN Charter (Clause 2, Section 2), all UN members are obliged to fulfill the undertaken obligations in a good faith. - According to the Vienna Convention on the Law of Treaties of 1969 any treaty in force is mandative to all the treaty parties and should be fulfilled in a good faith. 2. Breakage of the Ukrainian-Russian treaties performed by Russian Black Sea Fleet military formation starting February 21, 2014 • Treaty on Friendship, Cooperation and Partnership between the Russian Federation and Ukraine - Article 3: High contracting parties are building relations basing on the principles of mutual respect to sovereign equality, territory integrity, frontiers inviolability, amicable settlements, force non-using and threatening to recourse to force, including economic and other ways of influence, non-intervention into the domestic affairs etc. - On the territory of Ukraine, in defiance of Ukraine’s will, the Russian Federation’s fighting forces are being deployed, including temporary deployed troops of the Russia’s Black Sea Fleet and those maneuvered from the territory of the Russian Federation by mass use of the military transport aircrafts. Thus, on the February 28, 2014 4 aircrafts IL-76MD of the RF Army have violated the State Border of Ukraine and landed at the Gvardiyske Air Field, where they discharged the cargo. The corresponding Note of Protest sent by the Ministry of Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation is left abandoned. - Article 6: High contracting parties undertake to keep from any direct actions or support of any actions directed against the other Party, and obligates not to make any treaties directed against the other Party. None of the Parties allow using its territory to the damage of the other Party’s security. - On the 1st of March, 2014 3 Major Amphibious Ships “Kaliningrad” (RF Baltic Sea Fleet), “Minsk” (Baltic Sea Fleet) and “Gornyak” (North Sea Fleet) have violated the State Border of Ukraine and put in Sevastopol. - On the March 3, 2014 9 more RF Army’s aircrafts IL-76MD have violated the State Border of Ukraine. • Treaty between Ukraine and the Russian Federation about the Status and Conditions of the Russian Federation’s Black Sea Fleet Lodgment within the Territory of Ukraine - Clause 1, Paragraph 6: The military formations operate within the home stations according to the Russian Federation legislation, respect the State sovereignty of Ukraine, its legislation and refrain from interference from the internal affairs of Ukraine. - On the 27th of February 2014 about 300 armed men in military uniform without identifying insignias on 17 utility vehicles URAL and 2 APCs turned off the Kachinsk road and entered the gates of the Official Delegations’ Meeting Room premise situated close to the military Air Field Belbek. Their purpose was to bring under control the Belbek airport departure and prevent senior statesmen of Ukraine from coming to the Crimea. This group of gunmen dispersed across the civil airport fencing perimeter, deployed APC-based radio communication set, blocked the landing strip with 3 URAL trucks and installed the machine-gun post. The tactic air group overhead personnel have been warned that at attempt of aircraft’s take-off the fire damage would be inflicted. - Clause 2, Paragraph 9: The Parties collaborates in regard to secure military formations’ aircrafts flights safety. The order and forms of the collaboration are being set by separate treaties. On February 28, 2014 at the RF Black Sea Fleet’s Air Field Kacha and Gvardiyske Air Field has landed 10 helicopters violating the State Border of Ukraine and evading the Border Control. - Clause 1, Paragraph 12: RF Black Sea Fleet’s official vehicles should have register number and identifying insignia. It is not allowed to use Ukrainian registration numbers for RF Black Sea Fleet’s official vehicles. On the 27th of February, 2014 the pack of 14 URAL trucks without registration numbers or state plates and 2 APC-80 carrying 400 soldiers has left the territory of RF Black Sea Fleet’s 7th Training Detachment towards Sevastopol. Near the Sevastopol – Sapun-Gora – Inkerman junction the pack has split up: 6 URAL trucks moved to Inkerman direction, others (including 2 APCs) directed to Sapun-Gora. Another 150 soldiers on 4 KAMAZ trucks have left the same Training Detachment towards Novofedorivka village. - Clause 5, Paragraph 15: Any troops’ movements outside the home stations are allowed only after duly coordination with the relevant authorities of Ukraine. During February 21-22, 2014 the Russian Federation’s Black Sea Fleet’s military formations have made active movements of troops (more than 30 APCs) along the Autonomous Republic of Crimea without any coordination or permission from Ukrainian authorities. 16 APC-80 from the RF Black Sea Fleet’s 810 Independent Naval Infantry Brigade (located in Sevastopol) moved towards Kacha and Gvardiyske places and in the Sevastopol boundaries. • Treaty between the Cabinet of Ukraine and the Cabinet of the Russian Federation about RF Black Sea Fleet’s forces and facilities usage of Ukraine midair and the Black Sea’s water zone midair, where flights safety and air traffic are being served by Ukraine starting July 16, 1999. - Clause 2: Any Black Sea Fleet’s Air Defense maneuvers and squawks involved with use of midair under Ukraine’s responsibility should be held without blocking Ukrainian airports and airfields and after coordination with the General Staff of Armed Forces of Ukraine and in accordance with the conditions and provisions set by the Ukrainian Joint Civil-Military ATM System. - Clause 3: Air traffic control in the Ukraine’s midair is being promoted by collaboration between agencies responsible for Ukrainian air traffic servicing and the Black Sea Fleet’s command centers. On February 28, 2014 4 aircrafts IL-76MD of the RF Army have violated the State Border of Ukraine and landed at the Gvardiyske Air Field and discharged the cargo. These aircrafts arrived from the home air fields in Pskov and Taganrog (both in the Russian Federation). Later 10 more IL-76MD flew from the Russian Federation have landed in the Crimea. 10 helicopters have violated the State Boundry of Ukraine and landed at RF Black Sea Fleet’s Air Field Kacha evading the Border Control. The corresponding Note of Protest sent by the Ministry of Foreign Affairs of Ukraine to the Ministry of Foreign Affairs of the Russian Federation is left abandoned. 3. The Russian Federation’s actions which may be classified as aggressive threat. According to the Rome Statute of the International Criminal Court provisions and International Laws dispositions these actions can be treated as International Crimes under the jurisdiction of the International Criminal Court. The major principles of International Law are peremptory norms. It means that any variances from the norms without prior consent of the entities under international law are inadmissible. So any contravention of the International Laws’ basic principles results in damaging other subjects’ interests and entails responsibility under International Law. Also the International Laws principles are universal and their provisions are pursuant to all international relations between the entities under international law. The International Laws principles are erga omnes, so are obligatory for all members of international community.
Posted on: Tue, 18 Mar 2014 10:50:24 +0000
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