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

By Thomas D. Grant (auth.)

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Additional resources for Aggression against Ukraine: Territory, Responsibility, and International Law

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5 Ukraine has not acceded to the separation of Crimea from its territory. 7 While incidents of the unlawful use of force by a State will attract international responsibility to that 16 M Aggression against Ukraine State, a putative change in an international boundary arising out of use of force by a State not only attracts international responsibility to that State; it results in a general obligation opposable to all States. This is the obligation not to recognize the putative change as lawful.

It is a foundational value in the sense that it runs through the entire corpus of modern international law; attacks on it trigger special obligations on the part of the international community as a whole; the priority attached to it is greater than that attached to virtually any other value in the system; and the other values of the system have little prospect of flourishing if it ceases to operate. Part III, containing Chapter 8, considers Russia’s radical argument—namely, that Western interventions in Kosovo and Iraq threw open the door to Russia’s territorial seizures in Ukraine, an argument that does not rest upon the established law but, instead, posits the complete displacement of law from interState relations.

The definition thus in the first instance relates to armed attacks upon the territory of a State and, in particular, includes such attacks that involve some installed presence of the attacker, whether occupation (even brief occupation) or annexation. 18 Views differed as to which acts should be considered aggression for the purposes of international criminal responsibility. The General Assembly definition in 1974 concerned the Aggression against Ukraine M 13 responsibility of the State as aggressor.

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