جستجوی مقالات مرتبط با کلیدواژه « ukraine » در نشریات گروه « فقه و حقوق »

One of the Russia's implicit legal pretexts in recognition of Donetsk and Luhansk oblasts' independence in Ukraine is the realization of remedial secession (RS) theory as to these republics. The authors of the present article, through a descriptive-analytical method, aim at investigating the applicability of RS theory on the Donetsk and Luhansk oblasts independence in Ukraine. It appears that, due to the non-realization of the main conditions of RS namely the systematic, gross and long-term violation of human rights of the separatist group and lack of an alternative for secession and taking into account the situation of these oblasts in the framework of Ukraine and Minsk I and II agreements between the central government and the leaders of these two oblasts, resorting to RS theory to justify the unilateral secession, and as a consequence, recognition by Russia of Donetsk and Luhansk' independence has no legal basis. The authors maintain that Russia's act in resorting to this rule for justifying its military measure can be assessed as an instrumental use of a progressive theory to achieve a non-civilized goal.

The atrocities committed by Ukrainian government forces and pro-Russian separatists are one of the deadliest in a decade. The United Nations Human Rights Monitoring Mission in Ukraine(UNHRMMU) reports on the escalation of casualties in the conflict and the occupation of Crimes, and its participation in the conflict in eastern Ukraine as a serious violation of the international law, including massacre, harassment. abuse, violence, unlawful detention, and other forms of what has often been described as individual and collective human rights violations as war crimes. Therefore, the jurisdiction of the International Criminal Court can be established in dealing with such crimes. Although war crimes can be committed in the context of international and non-international armed conflicts, despite the commonalities in nature, it is acknowledged that some war crimes are not criminalized in international armed conflicts. This article seeks to confirm the link between war crimes and armed conflict in Ukraine, which is a tool for identifying useful criteria for the International Criminal Court, and the criminal responsibility of actual and potential perpetrators of horrific acts on both sides of the conflict in accordance with the Court's jurisdiction to measure.

Ukraine crisis occurred in November 2013¡ when President Victor Yankuvich decided not to sign economic agreement with European Union. Due to this decision¡ civil strife started. The United States¡ Russia and western European countries intervention made the crisis widespread¡ thus the regional and international security was influenced by this event. In this paper¡ emphasis is placed on the on the pattern of amity and enmity¡ countries typology¡ and the influence of great powers as the factors determining the Ukraine crisis and its impact on the general security of Black Sea and the region. Russia¡ as a mighty and the dominant state of the region¡ considers the region as its sphere of influence thus any outside intervention in the political affairs of the region perceived as threat to its security and dominance. This paper¡ by employing descriptive- analytical approach as its tool of investigation¡ has reached the conclusion that Ukraine crisis has various dimensions to it including Geopolitical¡ Geo-Economics and the question of national identity.