Aggression against Ukraine: Territory, Responsibility, and by Thomas D. Grant (auth.)

By Thomas D. Grant (auth.)

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The drafters moved toward a compromise approach. As the representative of Germany said, a “compromise” approach would . . mention [ . . 19 This was not to restrict the definition to the case in which use of force leads to occupation or annexation, but it suggested that aggression concerns that case in a central way. 21 Nevertheless, the relevance of territorial aggrandizement was uncontroversial. ”23 The Review Conference marked a shift in approach whereby the States Parties agreed to incorporate into the Statute the elements of the crime of aggression as indicated in GAR 3314 (XXIX)—that is, a broad rather than a compromise approach.

Even the largest nonState actor has few options at its disposal on the day when the local police shutter its offices or the national parliament nationalizes its assets. It is as helpless as it was a hundred years ago if its property and personnel are caught in the cross-fire of armed conflict. As for the individual, if the State chooses to lock him in a cell incommunicado for years at a time, the prospect that the new international order will vindicate his rights provides cold comfort at best. The legal institutions of a de-territorialized world may offer remedies later; but, on the day, the State’s power is what matters, and the power of the State to destroy and to disrupt is unrivaled.

The Venice Commission of the Council of Europe in an Opinion adopted March 21–22, 2014, considered the referendum and Ukraine’s response. The Opinion referred to the relevant provisions of the Constitution and concluded that “it is . . ”13 It is submitted that, on the plain text of the Ukrainian Constitution in English translation, it is hard to see how a different conclusion could be supported. There is the further matter of accordance with international law, which will be turned to next. ”14 This was not to consider accordance with general international law as such.

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