The Russian Practice of the Forcible Protection of Nationals Abroad: Legal Implications
The Russian Practice of the Forcible Protection of Nationals Abroad: Legal Implications

Author(s): Mindia Vashakmadze
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Wydawnictwo Naukowe Scholar Sp. z o.o.
Keywords: use of force; self-defence; protection of nationals; military intervention; Russia
Summary/Abstract: The Russian military intervention in Crimea, Ukraine, in March 2014 raises funda - mental legal questions relating to the prohibition of the use of force enshrined in Article 2 (4) of the UN Charter. One of the arguments presented by the Russian Federation, to underpin the military intervention in Crimea legally, was the necessity to protect Russian nationals from the newly-established pro-Western government in Kiev. A great number of states did not oppose this specific justification for the use of force. Furthermore, according to some observers, Western states did not oppose the application of the same doctrine in the 2008 Russian-Georgian conflict. To clarify the potential legal implications of this practice for the law on the use of force this paper examines the Russian approaches to the doctrine of the forcible protection of nationals abroad, and its application in the countries of the former Soviet Union.

• Details
• Contents