The US proposal for a peace agreement for Ukraine clearly includes recognizing Crimea as Russian territory. The annexation of the peninsula is illegal, international law expert Tilboerger told ARD.
US President Donald Trump says he has reached a deal with the Kremlin for a ceasefire in Ukraine. Part of it is recognizing Crimea as Russian. Trump himself confirmed to "Time" magazine that the illegally annexed peninsula "will remain within Russia". However, the annexation of Crimea remains illegal, legal expert Pierre Tilboerger told ARD.
The expert explains that according to international law, Crimea is categorically part of Ukraine, even though Russia annexed it and controls the territory. This means that other countries have no right to recognize the annexation, which is contrary to international law. The UN General Assembly has repeatedly confirmed this and declared the referendum held in Crimea by Russia invalid.
Can Ukraine give up Crimea?
In theory, Ukraine can give up Crimea, but this must happen voluntarily, not under threat or pressure. In the current situation, it is uncertain whether these conditions can be met at all, Tilborgger told ARD. "In that case, the role of the affected population will also have to be considered, i.e. whether it is necessary for the people to have a say in it. There are different opinions on this issue in international law.
"Ultimately, the question is what weight should be given to the right of peoples to self-determination in international law compared to state sovereignty,” says the expert.
The case of the illegal referendum held in Crimea
Regarding the 2014 referendum in Crimea on joining Russia, Tilborger says there are several rules that were violated. First, voters should be able to exercise their right to vote without coercion or fear. That was definitely not the case in Crimea, says the lawyer. Furthermore, international law suggests that such a referendum can only be legal if it has been agreed with the government of the country concerned - for example, as Scotland held a referendum on independence in 2014 - the British government had given permission for it to be held.
That is why in 2022 The UN General Assembly also confirmed that the referendums and annexation of territories in eastern Ukraine are illegal and do not affect the belonging of these regions to Ukraine, the expert notes. "General Assembly resolutions are not legally binding in themselves, so they do not have direct legal consequences. However, the very clear result (100 countries voted in favor of the resolution, only 11 against, and 58 countries abstained) shows that most countries do not recognize the annexation. This is a strong political signal", says Tilborger.
As far as the UN is concerned, a Security Council decision is what will be legally binding. However, this is unlikely to happen, since Russia and China are part of the structure and have already repeatedly blocked resolutions on Crimea.
What role does the right of self-determination play?
The right of self-determination arises mostly when former colonial states fight for their independence. It allows peoples to freely determine their political, economic, social and cultural development, the international law expert explains to ARD.
"On the other hand, there is the principle of state sovereignty, which protects the territorial integrity of states. The two principles can come into conflict when the interests of the state and those of the people within the state's territory diverge,” says Tilborger.
A distinction is made between "internal" and "external" self-determination. National minorities enjoy special protection within the state, such as self-government or the protection of their culture and traditions, the lawyer adds. "External" self-determination, on the other hand, refers to the right to secede from the parent state in certain extreme circumstances. However, this only applies in cases of clear human rights violations by the parent state, which was not the case in Ukraine," the expert says.
If Trump and Putin reach an agreement to recognize Crimea
If the US does indeed recognize Crimea as Russian, this would clearly violate Ukraine's territorial sovereignty. "Modern international law is based on the principle of sovereign equality of all states, which is also enshrined in the UN Charter. States cannot elevate themselves above other states," says Tilborger.
Consequently, agreements to the detriment of third parties are inadmissible under international law, he specifies. Therefore, a decision by Russia and the United States over Ukraine is legally inadmissible, although it is becoming increasingly likely to be purely political. "Such an agreement between Russia and the United States - based on its content - would probably also violate the prohibition on the use of force and would therefore contradict international law and be null and void”, the expert also says.