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Circular letter to the executive council of the international law association
Circular letter to the executive council of the international law association
Honorable colleagues, international lawyers!
The majority of Russians are surprised by the measures against Russia which were taken by the leaders of the USA and EU when Russia did not approve the military takeover of the constitutionally elected President of the Ukraine — Viktor Yanukovitch — by the present authorities of Kiev;
surprised by the USA and EU leaders’ disrespect to the will
of the population of Crimea to exercise the right
surprised by the USA and EU leaders’ support of the actions
of Kiev regime: extrajudicial killings; kidnappings and beatings
of those parliamentarians who defend
surprised by the USA and EU leaders’ perversion of the facts of numerous confrontations to the Kiev regime by the considerable part of the population in Donetsk, Kharkov, Luhansk and other eastern and southern regions of the Ukraine; the facts that the internal opposition to the anticonstitutional Kiev’s regime is called «Moscow underhand plotting» instead;
surprised by the misinformation: the fact that there are a lot of ethnically Russian people among the natives in the eastern and southern regions of the Ukraine is concealed from the peoples of the EU and USA, as well as public at large; meanwhile the Kiev rule brings armed forces from the west into these regions as well as armed units of the «Right Sector», agent provocateurs, nationalists and those who profess fascist ideology.
AT THE LEVEL OF PROFESSIONAL INTERNATIONAL LAWYERS AS WELL AS PUBLIC OPINION AND LEGAL AWARENESS OF THE MILLIONS OF RUSSIANS RATING OF THE CURRENT POLITICAL LEADERSHIP OF THE USA AND EU IS SHURPLY FALLING DOWN. SUCH A FACT — IT SHOULD BE STRESSED — HAS NEVER BEEN BEFORE IN THE HISTORY OF MODERN RUSSIA.
Current deterioration of the situation in the Ukraine and the whole world impels us to apply on behalf of the Executive Committee of the Russian International Law Association directly to the Executive Council of the International Law Association, to all the international lawyers of the world.
In our address we draw your attention to the basic facts, history and legal foundations; to the adherence to international law and to the rule of law at national and international levels; to the peril of any manifestation of nationalism and intolerance; to the will and position of those Russians who were born and grew up in the Ukraine; to the rising influence on the Kiev rule from those advocates of radicalism and even fascism.
1. THE USA AND EU LEADERS' SUPPORT FOR THE MILITARY COUP D’ÉTAT IN KIEV AND ITS CONSEQUENCES
It’s not for the benefit of the Russian Federation, the USA and the
EU if our
Indeed, the USA and other NATO members sent
The leaders of the USA and most of the EU Member States
continued doing everything to prevent functioning the legitimately elected
head of State and the
One of the earliest legislative innovations of the new regime
is the denial to recognize the Russian language as the second
state language. Even more, new Ukrainian authority’s
Tough actions of Kiev’s new regime — to close Russian
channels; to lead to Odessa militants of the «Right Sector»,
who, along with local special forces, beat and killed people running and
jumping from burning building because of their opposition to Kiev
regime; to arrest and imprison
The new Kiev’s regime itself has become a source of political,
legal, economic instability in Ukraine. It’s the new Kiev’s authority who
is responsible for death of many civilians, for blood flown
in Kiev, Donetsk, Lugansk, Odessa.
It’s a fact that the
3. THE NECESSITY TO RESPECT THE RIGHTS OF ETHNIC RUSSIANS IN UKRAINE IS A PRECONDITION OF POLITICAL AND LEGAL STABILITY.
Every new act of military violence against local inhabitants
in Eastern Ukraine that is perpetrated by Kiev authorities and
is plotted by nationalists and even
Ethnic Russians in Ukraine, particularly in the
Many people in Ukraine speak Russian as a first language and
consider Russia a closely related country rather than a foreign one.
It is pointless to disregard these basic facts. However, the
US and the EU Mass Media,including reputable television broadcasting
companies, ignore these facts and present the situation in such
a manner that Ukraine has been allegedly invaded
4. THE MASS HYSTERIA THE US AND EU TOP OFFICIALS OVER CRIMEA: FORGERIES IN PUBLIC STATEMENTS.
The declaration of the will of the Crimeans before carrying out
a referendum was proclaimed illegal by the President of the USA
and the EU heads of the states. It is not only
an ignorance of the right of the Crimean nation
It is also a pretext for the distorted coverage of this issue by the US and European heads of state. The members of Parliament as well as the nations have been misinformed about the alleged «annexation of Crimea by Russia». In fact, Crimea has been a part of Russia for centuries.
The fact that during the Soviet period back in 1954 Crimea was transferred from the Russian Federation to the Ukrainian Soviet republic did not have any international legal impact. It was merely a matter of administrative business. The Crimea remained in the same state, namely in the USSR with a capital in Moscow, which was at the same time the capital of Russia.
The year 1991 did witness the peaceful annexation of the Crimea
This annexation of Ukraine was carried out during 23 years, but at observance of a number of contractual conditions including the condition about the stay of the Russian Black Sea fleet in the Crimea.
Contrary to false information from the leaders of the USA and
EU countries Russia didn’t send its military fleet into the Crimea for
holding a referendum. The Russian Black Sea military fleet has been
staying in the Crimea long ago (long before a referendum) during many
centuries! And this fact is
Anticonstitutional coup d’etat in Kiev in 2014, violence revelry,
Mass meetings in all big cities of Russia in support of reunion with the Crimea after twenty three years of a break is a peculiar will expression of the multimillion people of Russia concerning its historical rights for the Crimea.
On such historical and legal background the lie about the Crimea duplicated today in the western countries promotes the growth in Russia of mass mistrust to institutes of the western democracy in general. Neither the Russians, nor the peoples of the world as a whole are interested in such a mistrust.
5. IT IS IMPOSSIBLE TO IGNORE INTERNATIONAL LEGAL PRECEDENTS
OF REALIZATION OF THE PRINCIPLE
The leadership of the USA and EU member states supported separation of Kosovo from Serbia though there was no referendum and no will expression of the people in Kosovo and though Serbia objected to the violation of Serbia’s territorial integrity by means of Kosovo separation.
But the leaders of the USA and the EU opposed in rigid tones
the expressed will of Crimea people by means
of a referendum and against realization by Crimea people
of the principle of
Both in the Crimea and in the whole Russia it is apprehended as
We will remind of one more international legal precedent.
According to the results of will expression by the people
of Northern Schleswig in 1920 (plebiscite) this territory reunited
with Denmark after 60 years of existing as a part
Neither the USA, nor the EU didn’t challenge and don’t challenge legitimacy of reunion of the territory of Northern Schleswig with Denmark. But they have challenged the legitimacy of the Crimea’s reunion with Russia.
6. PRIORITY ISSUE — THE FUTURE GOVERNMENT IN DONETSK, KHARKOV,
IN THE LUHANSK. STATUS OF EASTERN AND OTHER
Despite numerous arrests by Kiev’s military forces of the leaders
of the popular movement in the eastern and southern regions, despite
armed attacks on civilians in these regions by the nationalist
groups, first of all by the «Right sector», which in fact
brought to power the current leaders in Kiev, the protest actions
in these regions against a
The lawlessness is spreading as show recent attacks by Kiev’s military forces on civilians in Donetsk.
We call for a civilized approach to the resolution of Ukrainian crisis. The further bloodshed in Ukraine must be prevented.
For this exists previously accorded basis — Agreement on the Settlement of political crisis, signed on February 21, 2014 by the President of Ukraine, opposition leaders (current Kiev leaders) and by the Foreign ministers of Germany, Poland and France.
The latest international Memorandum agreed in April in Geneva by the heads of diplomatic agencies of Russia, the US, the EU and Ukraine does not contradict to this Agreement.
International lawyers, Russian citizens in general are interested in restoring of the supremacy of law in Ukraine, to make public the truth of internal Ukrainian crisis and law applicable to come out of the crisis.
We believe that the lawyers and most US and EU citizens are interested in this as well.
The world at large is interested in this.
ON BEHALF OF THE EXECUTIVE BOARD OF THE RUSSIAN ASSOCIATION
OF INTERNATIONAL LAW
THE PRESIDENT OF THE ASSOCIATION
Professor Anatoly Y.Kapustin June 2014
Translated from Russian into English
by MGIMO students
Danil Lyapchev, Ksenia Alferieva, Roksana Ganieva, Anna Chechulina, Kiril Kozin