157 / 464
143
THE CREATION OF NEW STATES AND
DE FACTO
REGIMES, AND THE CASE OF CRIMEA
to pay compensation.
45
According to Heintz the case of Northern Cyprus could
be used in cases like South Ossetia, which exists also only due to Russian military
intervention.
Pragmatic international law in cases like Northern Cyprus, Chechnya or
Moldova shows that human rights can be enforced against
de facto
regimes.
46
In
Moldova there is the case Ilascu and Others v. Moldova and Russia, where Russia was
found partially responsible for the violation of human rights in the Pridnestrovian
Moldavian republic.
47
Provided that
de facto
regimes can be made accountable for breaches of human
rights, all means can be used to enforce fundamental human rights according to
customary international law,
48
that is all the political pressure of the UN and the
international community. As
de facto
regimes seek international recognition this
pressure may turn effective.
3.1.3
De facto
regimes and international humanitarian law
Referring to international humanitarian law, the question is whether
de facto
regimes are bound by the common Article 3 of the Geneva Conventions of 1949.
According to J. Pictet, if the responsible authority at their head exercises effective
sovereignty, it is bound by the very fact that it claims to represent
the country, or part
of the country.
The fact that Article 3 is of a customary nature and its provisions are
legally binding on all parties to an internal armed conflict means that it is applicable
to
de facto
regimes.
49
Article 3 therefore applies without consideration of whether the
violation of the standards of the Article are caused by the parent state’s government
or another non-state entity.
Other fundamental provisions of international humanitarian law as customary
law can be applied to all sides of a conflict; for example, the prohibition of chemical
weapons. These universal rules are applicable to internal and international armed
conflicts.
De facto
regimes are bound to respect them.
4. The issue of Crimea as a
de facto
regime
Closely connected with the above mentioned
de facto regimes
is the separation
of Crimea from Ukraine and its annexation by Russia. A referendum took place
in Crimea on 16 March 2014. The reported results show that 96% of votes given
were for the separation from Ukraine. Following the referendum the parliament of
Ukraine’s Autonomous Republic of Crimea changed its name to the State Council of
45
Supra
n. 40, p. 268.
46
Ibid.
, p. 273 – HEINTZE, H. J. Las Palmeras v. Bamaca – Velasques und Bankovic . v. Loizidou? In:
Humanitares Volkerrecht
18 (2005), p. 177.
47
Ibid.,
s. 274.
48
Ibid.,
s. 275.
49
Supra
n. 26, p. 36.