CYIL Vol. 6, 2015

JAN ONDŘEJ CYIL 6 ȍ2015Ȏ Crimea on 17 March, formally proclaimed the independence and state sovereignty of the peninsula and later asked Russia for accession 50 to the Russian Federation. The following day, 18 March 2014, the Russia Crimea Treaty 51 was signed, on the basis of which Crimea became part of Russia. The Treaty was approved by both chambers of the Russian Parliament (Duma); only one Member of Parliament voted against the annexation of the peninsula. On 21 March 2014 Russian president Vladimir Putin 52 ratified the Treaty on the incorporation of the Crimean Republic and the city of Sevastopol into Russia. The number of members of the Russian Federation rose with this from 83 to 85. How should one evaluate this development from the perspective of international law? The USA, the European Union and other states were against the referendum on Crimea. Already on 15 March 2014 the Security Council of the UN took action on a draft resolution 53 which urged Member States not to recognize the results of the referendum planned for 16 March in that country’s autonomous Crimea region or any alteration of its status. The draft resolution confirmed “the sovereignty, independence, unity and territorial integrity” of Ukraine. Thirteen of the Council’s 15 members voted in favour of the draft text, Russia voted against, and China abstained. A veto by any of the Council’s five permanent members – China, France, Russia, the United Kingdom and the United States – means a resolution cannot be adopted. This happened also in this case. Following the referendum in Crimea the European Union and the USA imposed sanctions against individuals in response to the crisis in Ukraine and the events in Crimea.These sanctions began by refusing visas and freezing bank accounts of particular individuals. The exact number was 13 citizens of Russia and eight citizens of Ukraine. Brussels andWashington, which consider the Crimea referendum unconstitutional and illegitimate, also informed that further measures will follow. 54 The signing of the Treaty and the actions of Russia were denounced by the USA, the EU states and other states as annexation. At the Nuclear Security Summit in The Hague on 24 and 25 March 2014 American President Barack Obama 55 stated that the USA do not recognize the Crimea referendum or Russian annexation of the peninsula and are disturbed by the Russian pressure on Ukraine. He also said that economic sanctions will be necessary even if they damage the western economies. As far as legal evaluation is concerned, the referendum in Crimea did not pass in accordance with the constitution of Ukraine and is therefore unconstitutional. 50 See: Crimea už požádal Moskvu o přijetí do Ruské federace. Právo z 18. 3. 2014. 51 See: Smlouva o připojení Crimeau k Rusku podepsána. Právo z 19. 3. 2014. 52 See: Šéf Kremlu stvrdil anexi Crimeau. Právo z 22. 3. 2014. 53 See: United Nations Security Council action on Crimea referendum blocked. In: www.un.org (accessed 17. 3. 2014).

54 See: Sankce začaly odepřením víz a zmrazením účtů. Právo z 18. 3. 2014. 55 See: Obama pro sankce i kdyby to mělo Západ bolet. Právo z 26. 3. 2014.

144