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The Legal Status of the Donetsk and Luhansk “Peoples’ Republics”

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The Use of Force against Ukraine and International Law

Abstract

In this chapter, issues of legitimacy surrounding the creation/proclamation of the “Donetsk People’s Republic” (DPR) and the “Luhansk People’s Republic” (LPR) are considered. The international legal aspects of the recognition of the DPR and the LPR are also analysed. In addition, the position adopted by the Russian Federation and the international community towards these so-called people’s republics is revealed.

Tymur Korotkyi, Professor, Department of International Law and International Relations, National University “Odesa Law Academy”, Ukraine, email: tymur_korotkyi@ukr.net.

Nataliia Hendel, Associate Professor, Department of International Law and International Relations, National University “Odesa Law Academy”, Ukraine, email: n.v.hendel@gmail.com.

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Notes

  1. 1.

    The presence of orderly management structures; attributes of statehood: constitution, parliament, lawfully elected heads of state and government; domestic legal, monetary and financial systems; adequate social security of the population.

  2. 2.

    Daliavska 2016, pp. 32, 37.

  3. 3.

    Hewitt et al. 2008, p. 33.

  4. 4.

    Tsyvadze 2010, p. 175.

  5. 5.

    In of Northern Cyprus” was invalid, called upon all states “not to recognize any Cypriot State other than the Republic of Cyprus”. In Resolution No. Resolution No. 541 (1983) of 18 November 1983, the UN Security Council, noting that the attempt to establish a “Turkish Republic 550 (1984) of 11 May 1984, the UN Security Council condemned and declared illegal all acts of separatism, including the so-called “ambassadorial exchange” between Turkey and the Turkish Cypriot leadership, “and once again called upon all states” not to recognize the so-called “Turkish Republic of Northern Cyprus”, created as a result of separatist actions.

  6. 6.

    Shinkaretskaia 2010, p. 172.

  7. 7.

    Crawford 2011, p. 308.

  8. 8.

    Zadorozhnii 2015c, pp. 3–19; Zadorozhnii 2014b, pp. 42–69; Zadorozhnii 2014a, pp. 172–6; Zadorozhnii 2014c, pp. 129–34; Zadorozhnii 2015b, p. 712; Zadorozhnii 2015f, pp. 231–46; Zadorozhnii 2015d, pp. 119–43; Zadorozhnii 2015a, pp. 17–32; Zadorozhnii 2015e, pp. 19–30; Zadorozhnii 2016b, pp. 605–15.

  9. 9.

    See, e.g., (1) Resolutions of the Verkhovna Rada of Ukraine on the Statement on the Tragic Death of People as a Result of a Terrorist Act Over the Territory of Ukraine (22 July 2014). http://zakon3.rada.gov.ua/laws/show/1596-18. Accessed 31 July 2017. (2) On the Counteraction to the Spread of the International Terrorism Supported by the Russian Federation (22 July 2014). http://zakon2.rada.gov.ua/laws/show/1597-18. Accessed 31 July 2017. (3) On the Appeal of the Verkhovna Rada of Ukraine to the United Nations, the European Parliament, the Parliamentary Assembly of the Council of Europe, the NATO Parliamentary Assembly, the OSCE Parliamentary Assembly, the GUAM Parliamentary Assembly, the National Parliaments of the World for the Recognition of the Russian Federation as an Aggressor State (27 January 2015). http://zakon2.rada.gov.ua/laws/show/129-19. Accessed 31 July 2017. (4) Resolution on the Statement of the Verkhovna Rada of Ukraine on the Recognition by Ukraine of the Jurisdiction of the International Criminal Court Regarding the Commission of Crimes Against Humanity and War Crimes by Senior Officials of the Russian Federation and the Leaders of the Terrorist Organizations “DPR” and “LPR”, Which Led to Particularly Grave Consequences and the Massacre of Ukrainian Citizens (4 February 2015). http://zakon3.rada.gov.ua/laws/show/145-19. Accessed 31 July 2017. (5) Draft Law on the Recognition of Self-proclaimed Organizations “Donetsk People’s Republic” and “Luhansk People’s Republic” as Terrorist Organizations (10 December 2014). http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=52808. Accessed 31 July 2017. (6) Resolution on the Appeal of the Verkhovna Rada of Ukraine to Parliaments of Foreign States and International Organizations on Condemning the Escalation of Armed Aggression of the Russian Federation Against Ukraine (7 February 2017). http://zakon3.rada.gov.ua/laws/show/1837-viii. Accessed 31 July 2017. (7) Draft Law on Amendments to Certain Legislative Acts of Ukraine on the Improvement of the Mechanisms for Combating Terrorism (13 February 2015). http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=54044. Accessed 31 July 2017. (8) ‘The General Prosecutor’s Office of Ukraine recognized the self-proclaimed Donetsk People’s Republic (DPR) and Luhansk People’s Republic (LPR) terrorist organizations’; see LIGABusinessInform 2014.

  10. 10.

    Interfax-Ukraine 2014.

  11. 11.

    Craven 1998, p. 159.

  12. 12.

    Zadorozhnii 2016c, pp. 7–14.

  13. 13.

    See, e.g., General Assembly of the United Nations 2014; General Assembly of the United Nations 2017; Security Council of the United Nations 2015; European Parliament 2015; OSCE Parliamentary Assembly 2017; U.S. Department of State 2017.

  14. 14.

    TSN.UA 2016.

  15. 15.

    Mytsyk 2002, pp. 344–5.

  16. 16.

    Oreshkin 2017; Voice of America 2017.

  17. 17.

    Abkhazia, South Ossetia, the Nagorno-Karabakh Republic and Transnistria have recognized the independence of and closely cooperated with each other for a long time; see PanARMENIAN.Net 2010. The Donetsk People’s Republic has recognized the independence of Abkhazia and South Ossetia; see RUSSIAN NEWSPAPER 2015.

  18. 18.

    The document was addressed to: the head of the Government of Ingushetia, Abubakar Malsagov; the Chairman of the National Assembly of the Republic of Ingushetia, Magomed Tatriyev; the head of Chechnya, Ramzan Kadyrov; and the Speaker of the Parliament of the Chechen Republic, Dukuvas Abdurakhmanov. The appeal, in particular, stated the following: “The Supreme Council of the Luhansk People’s Republic highly appreciates the activities of the Republic of Ingushetia [in another letter, the Chechen Republic]. Since the establishment of the LPR, our citizens were firm in their intention to build an independent state and consistent in their desire to share the fate of the Republic of Ingushetia [the Chechen Republic].” See News of Ingushetia Bakdar 2014.

  19. 19.

    The appeals on behalf of the Supreme Council (Parliament) of the LPR asked addressees “to decide on the recognition of the LPR as a sovereign independent state”. Appeals were addressed to countries such as Russia, Abkhazia, Belarus, South Ossetia, Ingushetia, Chechnya, Kazakhstan, the Transnistrian Moldavian Republic, Armenia, Syria, Serbia, Venezuela, China, Cuba and Nicaragua; see RIA News 2014. In the case of Russia, the wording read: “The Supreme Council of the LPR, city councils, regional councils of people’s deputies, public associations are appealing to the Russian Federation to decide on the recognition of the LPR as a sovereign independent state.” Similar statements were sent to Armenia, Belarus, Kazakhstan, China, Serbia, Venezuela, Cuba and Nicaragua. The text of the appeals was published on 11 June by the press service of the LPR; see TASS News Agency 2014. For the full text, see Luhansk Online 2014.

  20. 20.

    On 12 May, the self-proclaimed DPR addressed the Russian Federation with a request to include it in its composition: “We, the people of the Donetsk People’s Republic, according to the results of the referendum held on May 11, 2014, and based on the Declaration of Independence of the DPR, announce that, from now on, the Donetsk People’s Republic is a sovereign state. Based on the will of the people of the DPR and for the restoration of historical justice, we ask the Russian Federation to consider the entry of the DPR into the Russian Federation.” The authorship of this statement was credited to the Chairman of the Presidium of the DPR’s Supreme Council, Denis Pushylin. See TASS News Agency 2014.

  21. 21.

    On 25 June 2014, the President of the South Ossetia, Leonid Tibilov, signed a decree on the recognition of the sovereignty and independence of the LPR, supported by the Parliament of the Republic, which stated: “Taking into account the will of the people and the appeal of the Supreme Council of the Donetsk People’s Republic to the President of the South Ossetia to recognize the sovereignty of the Donetsk People’s Republic, supported by the Parliament of the Republic of South Ossetia, I resolve: (1) To recognize the Donetsk People’s Republic as a sovereign independent state.” See Russian Legal Portal 2014; Russia Today 2014.

  22. 22.

    Lenta.ru 2015.

  23. 23.

    RBC.ru 2017.

  24. 24.

    RIA News 2017.

  25. 25.

    112 Ukraine 2017; Radio Liberty 2017a.

  26. 26.

    Ukrainian Pravda 2017; Greek Reporter 2017.

  27. 27.

    EuroPravda 2016.

  28. 28.

    EuroPravda 2017a; Stopfake.org 2017.

  29. 29.

    EuroPravda 2017c; The Prague Daily Monitor 2017; Radio Liberty 2017a.

  30. 30.

    EuroPravda 2017d; The Prague Daily Monitor 2017.

  31. 31.

    General Assembly of the United Nations 2014.

  32. 32.

    Zadorozhnii 2015c, pp. 3–19; Zadorozhnii 2015b, p. 712; Zadorozhnii 2016a, p. 455; Korynevych 2015, p. 78; Reeves and Wallace 2015, рр. 361–401; Parliamentary Assembly of the Council of Europe 2016b; Parliamentary Assembly of the Council of Europe 2016a.

  33. 33.

    “02/06/2014 On the official site of the Investigative Committee of Russia there was a message, which allows us to conclude that Russia has actually recognized the DPR and the LPR. Republics in the message were named, not areas, but the republics. Moreover, Ukraine, the DPR and the LPR were listed through commas as independent entities of international law”; see, Zamlelova 2014. “The Investigative Committee of Russia de jure recognized the Donetsk and Luhansk People’s Republics as states”; see Pandora’s Box 2014. “In fact, today, Russia de facto recognized the Luhansk and the Donetsk republics, and its own jurisdiction over the situation”; see SUMMER56 2014.

  34. 34.

    “The de facto recognition of a new government is being formed in certain statements of competent government bodies, in the signing of agreements of a limited or temporary nature, and in maintaining relations with the new government in current trade, financial and other matters”; see Mytsyk 2002, p. 360.

  35. 35.

    “Regarding still unidentified servicemen of the Armed Forces of Ukraine, as well as persons from the ‘National Guard of Ukraine’ and the ‘Right Sector’, involved in shelling the cities of Slavyansk, Kramatorsk, Donetsk, Mariupol and other settlements proclaimed by the Donetsk and Luhansk People’s Republics, a crime is envisaged as per Part 1 of Article 356 of the Criminal Code (the use of prohibited means and methods of warfare)”; see Investigative Committee of the Russian Federation 2014b. “During this operation, during the shelling of the cities of Slavyansk, Kramatorsk, Donetsk, Mariupol and other settlements proclaimed by the Donetsk and Luhansk people’s republics…”; see Investigative Committee of the Russian Federation 2014c.

  36. 36.

    The State Duma 2010.

  37. 37.

    “Recognition is carried out by a body competent, in accordance with the constitutional right of this state, to represent it in external relations”; see Mytsyk 2002, p. 346.

  38. 38.

    Investigative Committee of the Russian Federation 2014a.

  39. 39.

    Daily newsletter of the Ministry of Foreign Affairs of the Russian Federation 2014a.

  40. 40.

    Daily newsletter of the Ministry of Foreign Affairs of the Russian Federation 2014b.

  41. 41.

    Ibid.

  42. 42.

    Ministry of Foreign Affairs of the Russian Federation 2014.

  43. 43.

    Daily newsletter of the Ministry of Foreign Affairs of the Russian Federation 2014c.

  44. 44.

    Daily newsletter of the Ministry of Foreign Affairs of the Russian Federation 2014d.

  45. 45.

    “The main attention will be paid to the resolution of the acute domestic political crisis in Ukraine, the task of stopping bloodshed and realizing the mechanisms of an inclusive political dialogue in this country”, commentary in the Daily newsletter of the Ministry of Foreign Affairs of the Russian Federation 2014e.

  46. 46.

    Daily newsletter of the Ministry of Foreign Affairs of the Russian Federation 2014f.

  47. 47.

    Daily newsletter of the Ministry of Foreign Affairs of the Russian Federation 2014g.

  48. 48.

    Apostrof 2017.

  49. 49.

    The President of the Russian Federation 2017.

  50. 50.

    Security Council of the United Nations 2017.

  51. 51.

    Ibid.

  52. 52.

    Ibid.

  53. 53.

    Radio Liberty 2017b.

  54. 54.

    OSCE Parliamentary Assembly 2017.

  55. 55.

    ZIK.UA 2017.

  56. 56.

    NEWSru 2017.

  57. 57.

    Korrespondent.net 2017.

  58. 58.

    UNIAN news agency 2017; ZIK.UA 2017.

  59. 59.

    ZIK.UA 2017.

  60. 60.

    Online Express 2017.

  61. 61.

    KP.UA 2017b.

  62. 62.

    Radio Liberty 2017c.

  63. 63.

    Ukrinform 2017.

  64. 64.

    EuroPravda 2017b; Deutsche Welle 2017.

  65. 65.

    KP.UA 2017a.

  66. 66.

    Embassy of Ukraine in the Republic of Macedonia 2017.

  67. 67.

    ‘Speech on the attempts to divide Biafrey from Nigeria’: see Emerson 1971, p. 460.

  68. 68.

    UNIAN News Agency 2014.

  69. 69.

    Office of the United Nations High Commissioner for Human Rights 2014a; Office of the United Nations High Commissioner for Human Rights 2014b; Council of Europe Parliamentary Assembly 2014.

  70. 70.

    United Nations Office for the Coordination of Humanitarian Affairs 2014a; United Nations Office for the Coordination of Humanitarian Affairs 2014b.

  71. 71.

    Security Council of the United Nations 2015.

  72. 72.

    Office of the United Nations High Commissioner for Human Rights 2017a.

  73. 73.

    Office of the United Nations High Commissioner for Human Rights 2017b.

  74. 74.

    Office of the United Nations High Commissioner for Human Rights 2016.

  75. 75.

    United Nations Office for the Coordination of Humanitarian Affairs 2016a.

  76. 76.

    United Nations Office for the Coordination of Humanitarian Affairs 2016b.

  77. 77.

    United Nations Office for the Coordination of Humanitarian Affairs 2016c.

  78. 78.

    United Nations Office for the Coordination of Humanitarian Affairs 2016d.

  79. 79.

    OSCE Parliamentary Assembly 2017.

  80. 80.

    Ministry of Foreign Affairs of Ukraine 2014e.

  81. 81.

    Korrespondent.net 2017.

  82. 82.

    European Parliament 2015.

  83. 83.

    UN News Centre 2014a.

  84. 84.

    Security Council of the United Nations 2014; UN News Centre 2014b.

  85. 85.

    Ministry of Foreign Affairs of Ukraine 2014d.

  86. 86.

    Ibid.

  87. 87.

    Mirror of the Week, Ukraine 2014c; Raidió Teilifís Éireann 2014; Mirror of the Week, Ukraine 2014a; The Telegraph 2016; Mirror of the Week, Ukraine 2014b.

  88. 88.

    Ministry of Foreign Affairs of Ukraine 2014e.

  89. 89.

    Ministry of Foreign Affairs of Ukraine 2014d.

  90. 90.

    Embassy of the Russian Federation in the United Kingdom of Great Britain and Northern Ireland 2014.

  91. 91.

    Ukrinform 2017; Embassy of Ukraine in Australia 2017; Ukraine News (UAZMI) 2017.

  92. 92.

    112 Ukraine 2017; The Prague Daily Monitor 2017; Radio Liberty 2017a.

  93. 93.

    Ukrainian Pravda 2017; Greek Reporter 2017.

  94. 94.

    EuroPravda 2017a; Stopfake.org 2017.

  95. 95.

    Koval and Korotkyi 2014, pp. 875–83.

  96. 96.

    Ministry of Foreign Affairs of Ukraine 2014b; Ministry of Foreign Affairs of Ukraine 2014c; Ministry of Foreign Affairs of Ukraine 2014a; “The General Prosecutor’s Office of Ukraine, for their participation in the activities of terrorist organizations of the so-called ‘Donetsk People’s Republic’ and ‘Luhansk People’s Republic, has declared the aforementioned persons as suspected of committing a criminal offense under Part 1 of Article 258–3 of the Criminal Code of Ukraine (Creation of a Terrorist Organization)”; see General Prosecutor’s Office of Ukraine 2014.

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Korotkyi, T., Hendel, N. (2018). The Legal Status of the Donetsk and Luhansk “Peoples’ Republics”. In: Sayapin, S., Tsybulenko, E. (eds) The Use of Force against Ukraine and International Law. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/978-94-6265-222-4_7

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