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Aide-Memoire
on the guarantees of sovereignty, territorial integrity and inviolability of the borders of Ukraine
PACTA SUNT SERVANDA
Ukraine's territorial integrity, inviolability of its territory and its borders is guaranteed by the
provisions of a number of international legal instruments both multilateral and bilateral. Some include
general prohibition of the use of force or threat of force, reinforce the principle of respect for territorial
integrity and inviolability of borders, and contain a requirement to solve international disputes by
peaceful means. Others specifically guarantee territorial integrity, its inviolability and inviolability of
borders.
І. Charter of the United Nations
The UN Charter (signed on 26 June 1945, entered into force on 24 October 1945) enforced the
principle of non-use of force or threat of force. Paragraph 4 of Article 2 of this fundamental
international legal instrument determined that:
"All UN 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".
The principle of the prohibition of the use of force or threat of force imposes on the subjects of
international law the following responsibilities: 1) to refrain from the use of force (direct or indirect), 2)
to refrain from the threat of force, 3) to refrain from any action which is a manifestation of force aimed to
coerce another state to abandon the full implementation of its sovereign rights, 4) to abandon acts of
retaliation by force, 5) to abandon the use of force or threat of force as a means of settling international
disputes.
Thus, the UN Charter enforced the principle of territorial integrity of states, as force or threat of
force cannot be used against the territorial integrity or political independence of any state.
The principle of territorial integrity of states imposes an obligation to refrain from any action
incompatible with the purposes and principles of the UN Charter in relation to: 1) territorial integrity, 2)
political independence, 3) unity of a state, 4) actions that represent the use of force or threat of force, and
5) the annexation of territory, directly or indirectly, using force in violation of international law.
The UN Charter also enforced the principle of peaceful settlement of disputes. According to
Paragraph 3 of Article 2, “All Members shall settle their international disputes by peaceful means in such
a manner that international peace and security, and justice”.
Today the principle of peaceful settlement of disputes imposes on subjects of international law
the following responsibilities: 1) to resolve all their disputes by peaceful means, 2) to settle disputes as
soon as possible, 3) not to stop the process of peaceful settlement and search of mutually acceptable
solutions, 4) to use the peaceful means recognized by international law (negotiations, inquiry, mediation,
arbitration, judicial inquiry, and other means at parties’ discretion agreed before a dispute, 5) to refrain
from ultimatums, 6) to refrain from any action that could escalate dispute, 7) to take into account the
interests of other party to a dispute , 8) carry out the decision made in a coordinated manner.
ІІ. Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations of 1970
1.Rregarding the principle that States shall refrain in their international relations from the
threat or use of force
“Every State has the duty to refrain in its 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. Such a threat or use of force constitutes a violation
of international law and the Charter of the United Nations and shall never be employed as a means of
settling international issues.”
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“Every State has the duty to refrain from the threat or use of force to violate the existing
international boundaries of another State or as a means of solving international disputes, including
territorial disputes and problems concerning frontiers of States.”
2. Regarding the principle that States shall settle their international disputes by peaceful means
“Every State shall settle its international disputes with other States by peaceful means in such a
manner that international peace and security and justice are not endangered.”
“States parties to an international dispute, as well as other States shall refrain from any action
which may aggravate the Situation so as to endanger the maintenance of international peace and security,
and shall act in accordance with the purposes and principles of the United Nations.”
3. Regarding the principle concerning the duty not to intervene in matters within the domestic
jurisdiction of any State
“No State or group of States has the right to intervene, directly or indirectly, for any reason
whatever, in the internal or external affairs of any other State. Consequently, armed intervention and all
other forms of interference or attempted threats against the personality of the State or against its political,
economic and cultural elements, are in violation of international law.”
“No State may use or encourage the use of economic political or any other type of measures to
coerce another State in order to obtain from it the subordination of the exercise of its sovereign rights
and to secure from it advantages of any kind. Also, no State shall organize, assist, foment, finance, incite
or tolerate subversive, terrorist or armed activities directed towards the violent overthrow of the regime
of another State, or interfere in civil strife in another State.”
ІІІ. Other UN acts
The following are other important acts of the UN on this issue:
- Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States and the
Protection of Their Independence and Sovereignty of 1965;
- Declaration on the Inadmissibility of Intervention and Interference in the Internal Affairs of
States of 1982;
- Declaration on the Enhancement of the Effectiveness of the Principle of Refraining from the
Threat or Use of Force in International Relations of 1987;
- UN GA Resolution 3314 (XXIX) on Definition of Aggression of 1974 etc.
In its Resolution 3314 (XXIX) of 12.14.1974, the UN General Assembly drew attention of the
Security Council to the definition of aggression, which is recommended to be used while in determining
the presence of an act of aggression in accordance with the Charter of the United Nations. The definition
of aggression inter alia includes:
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(a) the invasion or attack by the armed forces of a State of the territory of another State, or any
military occupation, however temporary, resulting from such invasion or attack, or any
annexation by the use of force of the territory of another State or part thereof,
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(c) the blockade of the ports or coasts of a State by the armed forces of another State;
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(e) The use of armed forces of one State which are within the territory of another State with the
agreement of the receiving State, in contravention of the conditions provided for in the agreement
or any extension of their presence in such territory beyond the termination of the agreement;
It should be emphasized that according to the paragraph 3 of Article 5 of the Annex to the
aforementioned Resolution “No territorial acquisition or special advantage resulting from aggression is or
shall be recognized as lawful”.
IV. Acts of the Organization for Security and Cooperation in Europe (CSCE/OSCE)
1. Final Act of the Conference on Security and Cooperation in Europe of 1975.
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The Declaration of Principles Guiding Relations between Participating States of the Final Act,
signed by the heads of 35 member states, enforced ten fundamental principles of the international
relations. In particular, they include:
1) Sovereign equality, respect for the rights inherent in sovereignty. The participating States will
respect each other's sovereign equality and individuality, including in particular the right of every State to
juridical equality, to territorial integrity and to freedom and political independence. They consider that
their frontiers can be changed, in accordance with international law, by peaceful means and by agreement.
2) Refraining from the threat or use of force. The participating States will refrain 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.
3) Inviolability of frontiers. The participating States regard as inviolable all one another's
frontiers as well as the frontiers of all States in Europe and therefore they will refrain now and in the
future from assaulting these frontier.
In the CSCE Final Act of 1975 States Parties recognized that they were "regarded as inviolable
all one another's frontiers as well as frontiers of all countries in Europe and therefore they will refrain
now and in the future from any infringement of these frontiers".
4) Territorial integrity of States. States Parties will refrain from any action inconsistent with the
purposes and principles of the Charter of the United Nations against the territorial integrity, political
independence or the unity of any participating State.
In Article IV of the Final Act of the Conference on Security and Cooperation in Europe of 1975 it
was stipulated that participants "will respect the territorial integrity of each other ... The participating
States will refrain from making each other's territory the object of military occupation or other direct or
indirect measures of force in contravention of international law, or the object of acquisition by means of
such measures or the threat of them. No such occupation or acquisition will be recognized as legal.".
5) Peaceful settlement of disputes. The participating States will settle disputes among them by
peaceful means in such a manner as not to endanger international peace and security, and justice.
Proclaimed their right to choose freely peaceful means of conflict resolution.
6) Non-intervention in internal affairs. The participating States will refrain from any
intervention, direct or indirect, individual or collective, in the internal or external affairs of another
participating State. They will, inter alia, refrain from direct or indirect assistance to terrorist activities, or
to subversive or other activities directed towards the violent overthrow of the regime of another
participating State.
2. Other acts of the CSCE/OSCE
Among the important acts of the CSCE/OSCE on this issue are the following:
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Concluding Document of the Madrid meeting 1980 of Representatives of the
Participating States of the CSCE of 1983;
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Concluding Document of the Vienna meeting 1986 of Representatives of the Participating
States of the CSCE of 1989;
The Charter of Paris for a New Europe of 1990;
La Valetta Meeting of the CSCE Experts on Peaceful Settlement of Disputes of 1991.
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V. Acts of the Commonwealth of Independent States (CIS)
On 8 December 1991 the Charter Establishing the Commonwealth of Independent States
(CIS) was signed (Belovezhskaya agreement). On 10 December 1991 the Charter was ratified by
Supreme Councils of Ukraine and Belarus, on December 12 – by the Parliament of Russia.
The preamble of this international legal instrument indicates that the High Contracting Parties
intend "...to develop their relations on the basis of mutual recognition and respect for state sovereignty,
the inalienable right to self-determination, equality and non-interference in internal affairs, non-use of
force, economic or any other methods of pressure, settlement of contentious issues by conciliatory means,
other universally recognized principles and norms international law... "
According to Article 5 of the Charter “the High Contracting Parties recognize and respect each
other's territorial integrity and the inviolability of existing borders within the Commonwealth ...”.
VІ. Memorandum on Security Assurances in connection with Ukraine's accession to the
Treaty on the Non-Proliferation of Nuclear Weapons (Budapest Memorandum)
On December 5, 1994 the Memorandum on Security Assurances in connection with Ukraine's
accession to the Treaty on the Non-Proliferation of Nuclear Weapons was signed between Ukraine, USA,
Russia and Great Britain. China and France have also confirmed their security guarantees to Ukraine.
According to this document, in exchange for Ukraine's accession to the Treaty on the Non-Proliferation of
Nuclear Weapons as a non-nuclear-weapon state and removal from its territory nuclear weapons stockpile,
Ukraine received the guarantees its sovereignty and security, which are as follows:
1) The United States of America, the Russian Federation, and the United Kingdom of Great Britain
and Northern Ireland reaffirm their commitment to Ukraine, in accordance with the principles of
the CSCE Final Act, to respect the independence and sovereignty and the existing borders of
Ukraine,
2) The United States of America, the Russian Federation, and the United Kingdom of Great Britain
and Northern Ireland reaffirm their obligation to refrain from the threat or use of force against the
territorial integrity or political independence of Ukraine, and that none of their weapons will ever
be used against Ukraine except in self-defence or otherwise in accordance with the Charter of the
United Nations,
3) The United States of America, the Russian Federation, and the United Kingdom of Great Britain
and Northern Ireland reaffirm their commitment to Ukraine, in accordance with the principles of
the CSCE Final Act, to refrain from economic coercion designed to subordinate to their own
interest the exercise by Ukraine of the rights inherent in its sovereignty and thus to secure
advantages of any kind,
4) The United States of America, the Russian Federation, and the United Kingdom of Great Britain
and Northern Ireland reaffirm their commitment to seek immediate United Nations Security
Council action to provide assistance to Ukraine, as a non-nuclear-weapon State Party to the
Treaty on the Non-Proliferation of Nuclear Weapons, if Ukraine should become a victim of an act
of aggression or an object of a threat of aggression in which nuclear weapons are used.
5) The United States of America, the Russian Federation, and the United Kingdom of Great Britain
and Northern Ireland, reaffirm, in the case of Ukraine, their commitment not to use nuclear
weapons against any non-nuclear-weapon State Party to the Treaty on the Non-Proliferation of
Nuclear Weapons, except in the case of an attack on themselves, their territories or dependent
territories, their armed forces, or their allies, by such a state in association or alliance with a
nuclear weapon state,
6) Ukraine, the United States of America, the Russian Federation, and the United Kingdom of Great
Britain and Northern Ireland will consult in the event a situation arises which raises a question
concerning these commitments.
The French Declaration of December 5, 1994, signed by the President of France, contains the
obligations of France to ensure the safety of Ukraine and the commitments of the French side to respect
the independence and sovereignty of Ukraine within its present borders in accordance with the principles
of the Final Act of the CSCE and Charter of Paris for a New Europe.
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The security guarantees outlined in the Budapest Memorandum are confirmed in the relevant
Statement of the Government of the People's Republic of China of December 5, 1994. A similar
commitment is enshrined in the Joint Statement of the Presidents of Ukraine and the United States of
April 12, 2010 and confirmed by the US-Ukraine Charter on Strategic Partnership of December 19, 2008.
Thus, confirmation of security guarantees to Ukraine is determined in Budapest Memorandum of
December 5, 1994 by such signatories as Russia, the U.S., the UK, as well as the Joint Statement of the
Russian Federation and the United States of 04.12.2009, the Joint Statement of the Presidents of Ukraine
and the USA of 12.04.2010; comments by Prime Minister of Great Britain in the form of a letter of reply
to the letter of the President of Ukraine from 05.01.2010; verbal note of the Embassy of the People's
Republic of China of 15.12.2009 and Joint Statement between Ukraine and China of 02.09.2010 which
confirm security guarantees to Ukraine as a non-nuclear weapon state.
VІІ. Treaty on Friendship, Cooperation and Partnership between the Russian Federation
and Ukraine
The Treaty was signed on May 31, 1997 and entered into force on April 1, 1999.
In the preamble to the Treaty Ukraine and Russia confirmed their “commitment to the rules of
international law, first of all to the purposes and principles of Articles of the Organization of the United
Nations, and the obligations taken within the Organization for Security and Cooperation in Europe”.
According to Article 2 of the Treaty “the High Contracting Parties according to provisions of the
Charter of the United Nations and obligations under the Final Act of OSCE undertake to respect
territorial integrity of each other and confirm inviolability of borders existing between them”.
In Article 3 they clearly specified their intention to «build the relations with each other on the
basis of principles of mutual respect, sovereign equality, territorial integrity, inviolability of borders,
peaceful settlement of disputes, non-use of force or threat of force, including economic and other ways of
pressure, the rights of the peoples to freely decide their destiny, non-interference in internal affairs,
observance of human rights and fundamental freedoms, cooperation between the states, fair exercise of
their international obligations, and also other universally recognized rules of international law”.
According to Article 4 of the Treaty the Parties have committed themselves to attain settlement of
all disputes exclusively by peaceful means, and to cooperate in the prevention and settlement of conflicts
and situations that affect their interests.
To this end, in accordance with Article 7 of the Treaty, “in the event of a situation which, in the
opinion of a High Contracting Party, threatens peace or affects the interests of national security,
sovereignty and territorial integrity, it may request another High Contracting Party with a proposal to
immediately undertake appropriate consultations. The Parties shall exchange relevant information and, if
necessary, take concerted or joint action to address this situation”.
In accordance with Article 10 of the Treaty “each Party in due course protects the rights of its
citizens living on the territory of the other Party, in accordance with commitments under the OSCE
documents and other universally recognized principles and norms of international law and agreements
within the CIS, to which they are parties”. This means that while protecting the rights of its citizens in the
territory of the other Contracting Party, a Contracting Party must respect the territorial integrity and the
inviolability of the borders of the other Party.