The Constraints of International Courts as a Tool for Resolving the Ukrainian-Russian Conflicts

Abstract

This article addresses the large number of cases brought by Ukraine before different international courts and tribunals against the Russian Federation following the inclusion of Crimea in Russia and the military conflicts in Eastern Ukraine that ensued. The initiation of numerous legal proceedings is presented as a part of an overall Ukrainian strategy to respond to the loss of Crimea, both in order to obtain specific legal remedies and to draw international attention to its cause. The characteristics of the Ukrainian-Russian proceedings that stem from the political significance of this conflict are addressed. The implications of these cases for international law, and the constraints on the existing system of international justice that have been revealed are also evaluated. It is shown that Ukraine often faces difficulties establishing a jurisdictional basis for its claims. Russia's reluctance to submit the disputes to examination by international courts, manifested in its frequent challenging of their jurisdiction, is explained both by the fact that it is aware of its violations and anticipates adverse judgments, and that it may regard such courts as somewhat hostile towards it. These phenomena are analysed in the larger context of the trend in international politics towards a declining trust in international cooperation.