Ukraine’s Territorial Integrity Under Pressure of War and Diplomacy: Whither International Law?
This article examines the legal and diplomatic challenges to Ukraine’s territorial integrity in the face of Russian invasion. Through doctrinal analysis of international law, it argues that Ukraine’s case represents a critical test for the post-1945 international legal order. The article situates Russia’s attempts to change borders through unlawful use of force, evaluates the legal constraints on peace negotiations related to territorial integrity, and analyzes the risks of legitimizing unlawful occupation. It concludes that defending Ukraine’s internationally-recognized borders is essential for maintaining global security and stability, through the integrity of international legal norms and ensuring accountability for violations of the prohibition on the use of force.
Elayne Whyte-Gomez is a Peace Fellow at the Public International Law & Policy Group, Professor at Johns Hopkins School of Advanced International Studies and a Senior Fellow of the UN Institute for Disarmament Research. Professor White-Gomez is former Ambassador and Permanent Representative of Costa Rica to the United Nations as well as Vice-Minister of Foreign Affairs. She has 25 years of experience negotiating international agreements in nuclear disarmament, international security, and human rights. In 2017, she served as President of the United Nations Conference that negotiated and adopted the Treaty on the Prohibition of Nuclear Weapons.
Dr. Kushtrim Istrefi is a Peace Fellow at the Public International Law & Policy Group, Associate Professor of Human Rights Law and Public International Law at Utrecht University, and substitute member of the Venice Commission. He is coordinator of the Utrecht University Research Platform on Peace, Security and Human Rights and member of Utrecht Centre for Accountability and Liability Law and the Netherlands Institute of Human Rights. Dr Istrefi serves as (external) Chief Legal Advisor to the Kosovo Ministry of Foreign Affairs on Accession to the Council of Europe. He has particular expertise in a wide range of topics including the European Convention on Human Rights, statehood, and accession to international organizations.
Sindija Beta is a Legal Officer at Public International Law & Policy Group, where she works on transitional justice projects for The Gambia and Ukraine. Previously, she was deeply involved with international human rights and criminal law matters related to the Rohingya crisis. She holds an LLB in Law & Diplomacy from the Riga Graduate School of Law and an LLM in Law and Politics of International Security from Vrije University Amsterdam.