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Closing Plenary: International Law Needs People: Humanitarian arms control and the peace movement

Published online by Cambridge University Press:  24 March 2023

Jeffrey Pryce
Affiliation:
Foreign Policy Institute at the Johns Hopkins School of Advanced International Studies, also a practicing international lawyer, previously delegation leader and senior Department of Defense representative to significant multilateral negotiations, also experienced in nuclear disarmament negotiations with Russia, Ukraine, Kazakhstan, and Belarus.

Extract

On the Budapest Memorandum on Security Assurances (Budapest Memorandum), we face a game-changing, challenging moment right now with Russia's invasion of Ukraine, which extends beyond the nuclear area. The invasion is, in my view, a challenge to the UN Charter and the entire post-World War system of international law. With respect to the Budapest Memorandum, that is obviously a very topical issue at the moment. I would like to first emphasize the context. The Memorandum was first negotiated in 1994, three years after the dissolution of the Soviet Union, during a period that was not quite as settled as we have now. The Memorandum was part of the context in which Ukraine became a non-nuclear party to the Non-Proliferation Treaty (NPT) and the undertakings there are serious. The undertakings in the Budapest Memorandum are reaffirmations of the still binding commitments to international law under the UN Charter. Therefore, the non-use of force—the prohibition on the threat or use of force against the territorial integrity or independence of Ukraine—is reaffirmed in the Budapest Memorandum, but that is contingent on the UN Charter. The Memorandum consequently remains binding on Russia. Similarly, principles in the Helsinki Final Accords are reaffirmed in the Budapest Memorandum and Russia is violating those, including Ukraine's right to choose its own destiny and choose its own alliances. So, yes, Russia's aggression against Ukraine is a blow against the structure of international security that was created in the wake of the Cold War.

Type
Research Article
Copyright
Copyright © The Author(s), 2023. Published by Cambridge University Press on behalf of The American Society of International Law

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