UKRAINE AGAINST THE RUSSIAN FEDERATION: CASE PROCEEDINGS
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 3, Issue
Abstract
The analysis of the statement of claims Ukraine against the Russian Federation, submitted to the international judicial institutions, led to the following conclusions. Diplomatic methods of resolving the Russian-Ukrainian armed conflict have been applying for three years by Ukraine is not an effective ways of settling inter-state conflict. Ukraine argued that the occupation and subsequent annexation attempt by the Russian Federation ARC and Sevastopol, as well as illegal actions of Russia in the east of Ukraine entirely fall within the definition of aggression under paragraphs а), b), c), d), e), g) of the Art. 3 of the annex to General Assembly resolution «Definition of Aggression» (3314(XXIX)). The appeals to the international courts – the International Court of Justice, the International Tribunal for Law of the Sea, the International Criminal Court, the European Court of Human Rights – don’t concern the finding of armed aggression by Russia against Ukraine, the matter of responsibility of the aggressor, determination of the form and extent of this responsibility. It is quite possible to receive the positive proceedings for Ukraine in the International Criminal Court, but it can only be completed with establishing the criminal responsibility of officials of the Russian Federation for crimes of war and crimes against humanity committed during the armed aggression against Ukraine. The matter of responsibility of the Russian Federation as the state-aggressor will not consider by the ICC.
Authors and Affiliations
І. С. Бойко
Keywords
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