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Rusya Federasyonu ve Ukrayna Çatışmasının Uluslararası Hukuk Açısından Kısa Bir Analizi

Journal: Necmettin Erbakan Üniversitesi Hukuk Fakültesi Dergisi (Necmettin Erbakan University Faculty of Law Review) (Vol.5, No. 2)

Publication Date:

Authors : ;

Page : 442-464

Keywords : Internatioal Law; Russian Federation; Ukraine; Annexation of Crimea; Prohibition of Use of Force.;

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Abstract

There have been some conflicts between the Russian Federation and Ukraine, which have turned into an armed conflict, especially in the recent period. The legal situation that emerged as a result of the referendum held in Crimea on March 16, 2014, which was not recognized with the resolution 68/262 of the United Nations General Assembly, started an important process. This process, which started with the annexation of Crimea by the Russian Federation, has brought important results in terms of international law at the point reached. Perhaps the most important of these results is the recognition of the independence of the lands called "Luhansk People's Republic" and "Donetsk People's Republic" by the Russian Federation. The legal situation that arose before and after this recognition process; It is important to briefly evaluate it in terms of the United Nations Charter and international customary rules. Disputes between the two states are multifaceted. Three legal statements put forward by the Russian Federation regarding the necessity of military intervention are noteworthy. The first of these concerns the right of the Russian Federation to preventive self-defense. However, since there is no written norm supporting this argument in international law, it is a fact that the relevant argument brings with it many discussions. The second argument is that in response to the call made by the Luhansk People's Republic and the Donetsk People's Republic, the Russian Federation has the right of collective self-defense pursuant to article 51 of the United Nations Charter. The last main argument of the Russian Federation concerning international law is the allegation that acts such as genocide and attacks were carried out against certain groups in Ukraine. With this claim, the Russian Federation accepts that the military operation carried out for humanitarian purposes is in accordance with international law. This situation, which has emerged in terms of international law, should be discussed in a general framework with the prohibition of use of force, recognition, self-determination and similar issues.

Last modified: 2022-12-30 20:53:52