Regarding the Russian invasion into Crimea, Russia is violating the second article of the Charter of the United Nation, which states that “[a]ll Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations”. It seems clear, but in fact it isn’t. Since 1945, several states have used force with a proper justification. Because International law is also created by practice, there may be justifications, which legitimate a such invasion. Arend thinks that the Russian invasion into Crimea is not that different of hundred similar actions of states since 1945 (US Invasion in Grenada, US intervention in Panama, Soviet Invasion in Afghanistan and so on). Actually, the case is much more complicated because of the Crimea’s historic connection to Russia and because of the Referendum of March 16. Even if these arguments are highly controversial, they are also honest. On the other side, Arend thinks that it is important to challenge Russia about the annexation of the Crimean peninsula because this influence the law further. A good example of the importance to challenge a claim is China’s Air Defense Identification Zone (ADIZ) in the East China Sea. If other states tolerate this claim, it will create a precedence case for a new International law.
In this interesting conversation, Arend explains further, how the US and/or NATO could react in response to the Crimean Crisis, that the options are limited and that in general the use of “red lines” isn’t a good idea.
Listen to episode #27 immediately
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