Global Rights Compliance (‘GRC’) will publish an authoritative legal opinion on “International Law and Russia’s Involvement in Crimea and Donbas”, prepared with the support of the Swedish Ministry of Foreign Affairs, today.
Information needed to establish the precise nature of Russia’s involvement in Ukraine, based on a careful assessment of the facts against the law, has been lacking since Russia’s Revolution of Dignity in 2014. Accordingly, vastly different versions of the events occurring in Ukraine have emerged.
Establishing the truth of the situations in Crimea and Donbas has required all the facts to be collated so that the applicable humanitarian law rights and responsibilities could be fully established. To this end, GRC has reviewed and analysed the broadest possible scope of information collected by domestic, regional and international governmental and non-governmental organisations and produced an authoritative international legal opinion concerning Russia’s alleged involvement in Crimea and Donbas.
The legal opinion reveals the truth about Russia’s role in Crimea and Donbas in order to classify the conflicts and the contours of the principles of international law, particularly IHL and international human rights law (‘IHRL’), applicable to them. Most notably, the Opinion is the first to legally establish that Russia has been the Occupying Power in Donbas since 2014. The Opinion establishes to a clear and convincing standard the following conclusions:
- An international armed conflict existed from 27 February 2014 following Russia’s hostile use of force in Crimea;
- By 27 February 2014 Russia began to occupy Crimea, since Russia had assumed a position to effectively exercise executive, legislative, security, and judicial authority over Crimea, in lieu of Ukraine;
- Russia’s intervention in Crimea breached the prohibition against the use of force and none of Russia’s justifications for this use of force (including self-defence, protection of Russian nationals abroad, and a responsibility to protect the Russian-speaking population of Crimea) were established in law or on the facts;
- Russia’s arguments in support of a valid assertion of sovereignty over Crimea have not been established in law or on the facts;
- By 14 April 2014 in Donetsk and 30 April 2014 in Luhansk, a non-international armed conflict existed between Ukraine and D/LPR non-state armed groups operating in the region;
- Evidence that Russia directly intervened in Ukraine from 11 July 2014 until 18 February 2015 through cross-border artillery strikes, and onwards through the deployment of Russian officers and servicemen into the D/LPR armed groups in Ukraine, is sufficient to establish the existence of an international armed conflict between Russia and Ukraine from 11 July 2014, running parallel to the NIAC between Ukraine and the D/LPR armed forces;
- However, from July 2014, Russia exercised overall control over the D/LPR armed groups (indicated by Russia’s ability to plan, organise and coordinate the miliary and political activities of the D/LPR, the shared goals between Russia and the D/LPR, and Russia’s role in financing, training and supplying the D/LPR), and therefore it is more accurate to conclude that the NIAC became internationalised from July 2014;
- Since 5 September 2014 in the territories defined by the Minsk I Agreement and 18 February 2015 in the territories defined by the Minsk II Agreement, Russia has occupied Donbas by proxy on account of the fact that: since July 2014, Russia has exercised overall control over the D/LPR armed groups; and since 5 September 2014, the D/LPR armed groups have exercised effective control over the territories defined by the Minsk-I Agreement and 18 February 2015 in the territories defined by the Minsk-II Agreement.
This is not a mere conflict classification process bereft of real purpose. It is history in the making – the beginning of a comprehensive reckoning of responsibility for the millions of civilians whose lives have been up-ended by war or violations of humanitarian law. This is especially timely considering Russia’s most recent escalation in the ongoing conflict in Ukraine, which has resulted in mounting civilian casualties and triggered Europe’s largest refugee crisis since World War II.
Understanding the history of Russia’s involvement in Ukraine prior to its most recent invasion is crucial, and the parallels are clear. Not only did Russia officially recognise the independence of the D/LPR on 21 February 2022 as the pretext for its invasion; but other justifications that Russia sought to (incorrectly) rely upon to justify its use of force (including self-defence and a responsibility to protect) mirror its previous interventions in Crimea and Donbas.
It is hoped that these conclusions will enable Ukraine and the international community at large to guide their national policies towards Crimea and Donbas according to the most vital precepts of international law. In turn, this will enable enhanced protection for civilians, more robust political approaches to resolution of the conflict, improved opportunities for justice, stronger accountability mechanisms and responses and greater safeguarding against denial and recurrence.
Ukraine’s best hope for protecting its sovereignty and territory rests not on the battlefield, but on identifying the truth of Russia’s involvement in Ukraine. This is the golden thread that will inform and fortify (geo)political resistance inside and outside of Ukraine, including those concerned with transitional justice and peacebuilding processes that must, ultimately, ensure justice is done and seen to be done. Of course, such steps may seem an underwhelming response. However, when force or reason provide no answers, the truth at least provides a bedrock of legal principle and a record for posterity, the minimum required for accountability and redress.
About GRC
GRC is a hybrid international law firm and foundation focussed on achieving justice through the innovative application of international law. The organisation is comprised of international lawyers and development experts, specialising in the provision of legal services associated with bringing accountability for atrocity crimes and other violations of international law.
For more information
Please contact Lina Baddour at linabaddour@globalrightscompliance.co.uk