Crimea's Separation from Ukraine: An Analysis of the Right to Self-Determination and (Remedial) Secession in International Law

Driest, S.F. van den

doi:doi:10.1007/s40802-015-0043-9

This article considers the (il)legality of Crimea's unilateral secession from Ukraine from the perspective of public international law. It examines whether the right to self-determination or an alleged right to (remedial) secession could serve as a legal basis for the separation of the Crimean Peninsula, as the Crimean authorities and the Russian Federation seem to have argued. The article explains that beyond the context of decolonization, the right to self-determination does not encompass a general right to unilateral secession and demonstrates that contemporary international law does not acknowledge a right to remedial secession. With respect to the case of Crimea, it argues that even when assuming that such a right does exist, the threshold in this regard is not met. In the absence of a legal entitlement, the article subsequently turns to the question whether Crimea's unilateral secession was prohibited under international law. It contends that while the principle of...Show moreThis article considers the (il)legality of Crimea's unilateral secession from Ukraine from the perspective of public international law. It examines whether the right to self-determination or an alleged right to (remedial) secession could serve as a legal basis for the separation of the Crimean Peninsula, as the Crimean authorities and the Russian Federation seem to have argued. The article explains that beyond the context of decolonization, the right to self-determination does not encompass a general right to unilateral secession and demonstrates that contemporary international law does not acknowledge a right to remedial secession. With respect to the case of Crimea, it argues that even when assuming that such a right does exist, the threshold in this regard is not met. In the absence of a legal entitlement, the article subsequently turns to the question whether Crimea's unilateral secession was prohibited under international law. It contends that while the principle of territorial integrity discourages unilateral secession, it does not actually prohibit it. Nonetheless, there are situations in which an attempt at unilateral secession is considered to be illegal in view of the circumstances. It is argued that it is precisely this exception that is relevant in the case of Crimea.Show less

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Crimea's Separation from Ukraine: An Analysis of the Right to Self-Determination and (Remedial) Secession in International Law