The Russian Siege On Ukraine : An International Law Perspective
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Abstract
The Russian siege on Ukraine comprised of flagrant violations of
International Law, ranging from open and routine incursions, the
annexation of Crimea (which was only recognized by one State i.e. Russia)
and engaging in an armed conflict. Conspicuous violations included
violations of principles enshrined within the U.N. Charter and various
multilateral and bilateral treaties. A plethora of options in regards to recourse
which can be taken by Ukraine to quell and circumvent Russia's armed
intervention are present, however the same only presents itself as a paradox of
choice. This is because even though a wide array of remedies are available to
Ukraine, it is unlikely that it will materialize considering that Russia is a
European powerhouse and due to the stature it commands. The likeliest
remedy which can be provided to Ukraine is the provision of reparations by
the ICJ in accordance with ARSIWA and other cases decided by this forum
court such as the Rainbow Warrior case, Corfu Channel case etc.
Greater readiness to counter such blatant violations of fundamental
international law principles are necessitated to be adopted by international
organizations and other States alike or else this volatility which is seemingly
ever-present in Ukraine which has endangered its territorial integrity, state
sovereignty and political independence, has threatened to spill in the
neighbouring countries, especially considering that no significant legal
ramifications have been suffered by the Russian Federation going on to show
the irrelevance of International Law.
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NLUJ Law Review (2016)
