Ukraine (2014, 2022)

Beginning in late February 2014, Russian Federation military forces occupied several locations in Crimea, a region with a significant ethnic Russian population, citing the need to protect Crimean civilians and prevent extremists from seizing Russian military installations. In March 2014, a referendum was organized in what was referred to as the Autonomous Republic of Crimea and the city of Sevastopol, the proclaimed result of which was a vote for Crimea to secede from Ukraine and join the Russian Federation.

Shortly after these events, which were characterized by some Member States as an illegal annexation, the SC considered the matter in no less than seven sessions on the issue from March to April 2014. A 15 March 2014 draft resolution, sponsored by 44 countries, was put forward recalling Article 2 of the UN Charter to refrain from the threat or use of force and to respect the territorial integrity or political independence of other Member States, reaffirming Ukraine’s sovereignty and territorial integrity, and declaring that the referendum in Crimea was invalid (S/2014/189). This draft resolution was vetoed by the Russian Federation (ibid.).

The GA then took up the issue, notably without any reference to the UFP resolution.¹ The GA passed resolution 68/262 of 27 March 2014 (A/RES/68/262), recalling the obligations of all States under Article 2 of the Charter, and declaring that “the territory of a State shall not be the object of acquisition by another State resulting from the threat or use of force”. The resolution affirmed its commitment to Ukraine’s territorial integrity; called upon “all States” to refrain from “attempts to modify Ukraine’s borders through the threat or use of force or other unlawful means”; underscored that the referendum was invalid; and called upon all Member States and international organizations not to recognize the declared autonomy of Crimea resulting from it. The resolution was proposed by Canada, Costa Rica, Germany, Lithuania, Poland and Ukraine, supported by 100 Member States and opposed by 11, with 58 abstentions (A/68/PV.80, p. 17).

On 24 February 2022, the Russian Federation commenced a full-scale invasion of Ukraine, which it referred to as a “special military operation”. Following a Russian Federation veto of a SC draft resolution on the matter, the SC passed a resolution requesting an emergency special session, invoking the language of the UFP resolution. During the 11th emergency special session, the GA adopted resolution ES-11/1 on 2 March 2022 deploring Russian “aggression” and demanding that the Russian Federation cease any further use of force and immediately withdraw its forces from Ukraine (A/RES/ES-11/1, paras. 2, 3). It deplored the change in status (the de facto annexation) of the Ukrainian regions of Donetsk and Luhansk as a violation of territorial integrity, and demanded its immediate reversal (ibid., paras 5–6). The resolution further condemned all violations of IHL and attacks on the civilian population (ibid., 11–12). Resolution ES-11/1 was approved by 141 countries, while only 5 UN Member States – the Russian Federation, Belarus, the DPRK, Eritrea and the Syrian Arab Republic – voted against it (ibid.).

This resolution was followed by nine others (as of the 80th session) adopted during 11th emergency special session, including measures related to the use of force – for example, reiterating the demands for immediate withdrawal of forces² and calling for a cessation of the hostilities (A/RES/ES-11/2, para. 2; A/RES/ES-11/7, para. 1) and “the full protection of civilians” (A/RES/ES-11/2, para. 3).