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25-03-2014

THE CRIMEAN CRISIS AND INTERNATIONAL LAW

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Relating to the Crimean crisis, two norms of international law must be taken into consideration. The first one is known as “the right to self-determination” and states that every people has the right to choose its own political status and that it can be done, for instance, by gaining independence or by full integration within another state. The second one is called “domestic sovereignty”: it means that a state has actual control within its borders and a violation of this norm occurs whenever a foreign presence in its territory is proved real and unauthorised.

Now, by examining the Crimean crisis under the international law magnifying glass, two conclusions appear to be quite straightforward. First, the referendum by which the Crimean people expressed their intention to join Russia should be broadly recognised and accepted. Second, the unauthorised Russian troops presence in Crimea actually violated the “domestic sovereignty” norm since it started before the referendum that was held on the 16 of March.

Therefore, the combination of sanctions adopted by the EU and the United States against Russia are “retrospectively” legitimate and justified when related to the presence of Russian military units in Crimea but illegitimate and unjustified if related to the referendum and to the annexation process.

Although the international law norms seem to be pretty clear, the “real game” is always more complicated than that and inevitably ruled by political and economic interests.

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Alessandro Mazzilli

Degree in International Relations at the Faculty of Political Science of the University of Turin.

Expert in Foreign Policy of Defence and Security and the relationships Euro - Atlantic.

Geopolitical analyst.

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