Statement Regarding the Russian - Ukrainian Crisis

1. Political and Legal Background

Since 2014, the Russian Federation has been violating the territorial integrity of Ukraine by illegally annexing the geopolitically important Crimean Peninsula. Also in February 2022, the Russian Federation has recognized the independence of the eastern regions of Donetsk and Luhansk; and has illegally used force against Ukraine. This use of force violates the second article of the United Nations Charter and it violates international law.

The Russian Federation sees Ukraine’s improving relations with NATO as a threat to itself. President of the Russian Federation Vladimir Putin argues that NATO’s military presence in Ukraine would be a great threat to the territorial integrity of the Russian Federation. Since 2014, the desire to join NATO and the European Union has been increasing among the people of Ukraine. In 2021, the talks of NATO membership between the President of Ukraine Volodymyr Zelenskyy and the General Secretary of NATO Jens Stoltenberg have increased the Russian Federation’s concerns. It must be stated that an independent state joining NATO is a matter between NATO members and Ukraine. The expression of a desire to join NATO by the democratically elected government of an independent state can not be used as an excuse for self-defense. It is because of this reason that we state the Russian Federation’s acts violate international law.

Regarding the obligations of NATO regarding this crisis; member countries’ obligation of defending each other has been stated in the 5th and 6th articles of The North Atlantic Treaty. Since Ukraine is not a member of NATO, it can not benefit from the 5th article, regarding member nations' obligation to defend each other. NATO has no collective obligation to intervene in the war. But it must be stated that nations can send military or economic aid independently or with NATO collaboration. The legal basis of these aids would not be rooted in The North Atlantic Treaty but the rules of international law.

1.1 From Turkey’s Point of View

As stated in the 1936 Montreux Convention; when Turkey is not being a belligerent, “Vessels of war belonging to belligerent Powers shall not, however, pass through the Straits …". Despite the lack of a formal declaration of war by the Russian Federation, their actions satisfy the definition of a “belligerent”. Because of this reason, Turkey has the right to trigger the 19th article of the Montreux Convention.

In conclusion, the violation of Ukraine’s territorial integrity and sovereignty by the Russian Federation is illegal. Even though the Russian Federation sees a possible NATO presence in Ukraine as a clear threat against Russian sovereignty, this can not be used as a valid legal basis to use force. Though there is no obligation for NATO to intervene, this does not mean that NATO members themselves can not help Ukraine.

2. The Human Rights Violations Aspect

The right to life; being the most fundamental right is the most significant of human rights. This has been clearly stated in the second article of the European Convention on Human Rights; “Everyone’s right to life shall be protected by the law.” Thus, the authority which is obligated to protect the right to life is the state, so every state has to take the proper measures to ensure the right to life is unharmed and has to avoid threats to this right with proper sanctions when it occurs. Whenever states clash due to various disagreements, individuals’ right to life gets violated, and also human rights and treaties that protect these rights are simply disregarded. War crimes are internationally recognized crimes, this is stated in the 8th article of the Rome Statute of the International Criminal Court. War crimes have the most severe sanctions and are under the jurisdiction of the International Criminal Court. Many civilians have lost their lives over the clashes between Ukraine and the Russian Federation. When nations clash, it is often disregarded that a person's individuality has both humanitarian and legal value. Thus no horrible destruction, violations of rights, or lives lost can be justified by political reasons. Every person who caused these should be held accountable under international law. Disregarding human rights leads to inhuman acts and spreads fear among people. Because of this reason, it is of utmost importance that human rights are protected by law. The related legal regulations;

Universal Declaration of Human Rights Article 1: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”

United Nations International Covenant on Civil and Political Rights Article 1: “All peoples have the right of self-determination. By virtue of that right, they freely determine their political status and freely pursue their economic, social, and cultural development.”

United Nations Charter Article 2 Paragraph 4: “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations.”

Sadly, it is hard to say that international conventions regarding human rights are being respected in the current invasion of Ukraine, and these violations affect us deeply. Unfortunately, the effects of political disputes of nations on the people have become severe. The bombing and shelling of Ukrainian citizens’ homes can only be described as inhuman and they are certainly war crimes.

To state with sadness, what is happening in Ukraine shows us that history doesn’t always come with progress. Despite this, we firmly believe that the solution to this crisis is within law. Regarding the violations of human rights in Ukraine, it is critical that human rights are protected with the supremacy of law. We believe that peace can be achieved with the urgent enforcement of international law. Lastly, we shall state that we are firmly and repeatedly against any and all kinds of war.

General Law Departments’ Director

Ezgi Bahar

International Law Department

Oğuz Ertürk

Mehmet Kişlik

Human Rights Department

Metanet Bağırlı

Nagihan Aktaş

Ayben Erkmen

İrem Şimşek