News / Europe

The Budapest Memorandum and Crimea

Orthodox monks pray next to armed servicemen near Russian army vehicles outside a Ukrainian border guard post in the Crimean town of Balaclava March 1, 2014.
Orthodox monks pray next to armed servicemen near Russian army vehicles outside a Ukrainian border guard post in the Crimean town of Balaclava March 1, 2014.
Ron SynovitzRFE/RL
With tensions rising in Crimea and pro-Russian forces controlling the peninsula's main airports, Ukrainian Prime Minister Arseniy Yatsenyuk has called on Russia to "not violate the Budapest Memorandum." So what is the "Budapest Memorandum" and what does it have to do with Crimea?

What exactly is the "Budapest Memorandum"?

The "Budapest Memorandum on Security Assurances" is a diplomatic memorandum that was signed in December 1994 by Ukraine, Russia, the United States, and the United Kingdom.

It is not a formal treaty, but rather, a diplomatic document under which signatories made promises to each other as part of the denuclearization of former Soviet republics after the dissolution of the Soviet Union.

Under the memorandum, Ukraine promised to remove all Soviet-era nuclear weapons from its territory, send them to disarmament facilities in Russia, and sign the Nuclear Nonproliferation Treaty. Ukraine kept these promises.

In return, Russia and the Western signatory countries essentially consecrated the sovereignty and territorial integrity of Ukraine as an independent state. They did so by applying the principles of territorial integrity and nonintervention in 1975 Helsinki Final Act -- a Cold War-era treaty signed by 35 states including the Soviet Union -- to an independent post-Soviet Ukraine.

Which principles in the Helsinki Final Act, reiterated in the "Budapest Memorandum," are relevant to the current situation in the Crimea?

In the "Budapest Memorandum," Russia, the United Kingdom, and the United States promised that none of them would ever threaten or use force against the territorial integrity or political independence of Ukraine. They also pledged that none of them would ever use economic coercion to subordinate Ukraine to their own interest.

They specifically pledged they would refrain from making each other's territory the object of military occupation or engage in other uses of force in violation of international law.

All sides agreed that no such occupation or acquisition will be recognized as legal and that the signatories would "consult in the event a situation arises which raises a question concerning these commitments."

Is there anything legally binding about the "Budapest Memorandum" regarding Russia's obligations to respect Ukraine's territorial integrity?

"That's actually a much more complex question than it may sound. It is binding in international law, but that doesn't mean it has any means of enforcement," says Barry Kellman, a professor of law and director of the International Weapons Control Center at DePaul University's College of Law.

"The 'Budapest Memorandum' follows the Helsinki Final Act and essentially reiterates its provisions. There are confidence building measures and then a host of other broader obligations – primarily negative obligations. Don't interfere."

Kellman concludes that there are a host of other sources of international law that oblige Russia to respect Ukraine's territorial integrity -- including the provisions of the CSCE treaty and the UN Charter.

You May Like

Mood Tense Ahead of Scotland Independence Vote

As race to persuade undecided voters continues, 'No' voters say they believe life in Scotland will slowly improve, 'Yes' vote not worth the risk More

South Africa’s 'Open Mosque' Admits Everyone, Including Critics

Open Mosque founder plans to welcome gay worshipers and allow women to lead prayers More

Ukrainian Activist in Despair About Future of Her Country

IrIna Dovgan, accused of being a spy and tortured by pro-Russian separatists, is appealing to UN Human Rights Council to support her country More

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
A Dinosaur Fit for Land and Wateri
X
September 17, 2014 8:44 PM
Residents and tourists in Washington D.C. can now examine a life-size replica of an unusual dinosaur that lived almost a hundred million years ago in northern Africa. Scientists say studying the behemoth named Spinosaurus helps them better understand how some prehistoric animals adapted to life on land and in water. The Spinosaurus replica is on display at the National Geographic museum. VOA’s George Putic has more.
Video

Video A Dinosaur Fit for Land and Water

Residents and tourists in Washington D.C. can now examine a life-size replica of an unusual dinosaur that lived almost a hundred million years ago in northern Africa. Scientists say studying the behemoth named Spinosaurus helps them better understand how some prehistoric animals adapted to life on land and in water. The Spinosaurus replica is on display at the National Geographic museum. VOA’s George Putic has more.
Video

Video Iraqi Kurdistan Church Helps Christian Children Cope find shelter in churches in the Kurdish capital, Irbil

In the past six weeks, tens of thousands of Iraqi Christians have been forced to flee their homes by Islamic State militants and find shelter in churches in the Kurdish capital, Irbil. Despite U.S. airstrikes in the region, the prospect of people returning home is still very low and concerns are starting to grow over the impact this is having on the displaced youth. Sebastian Meyer reports from Irbil on how one church is coping.
Video

Video NASA Picks Boeing, SpaceX to Carry Astronauts Into Space

The U.S. space agency, NASA, has chosen Boeing and SpaceX companies to build the next generation of spacecraft that will carry U.S. astronauts to the International Space Station by the year 2017. The deal with private industry enables NASA to end its dependence on Russia to send space crews into low Earth orbit and back. Zlatica Hoke has more.
Video

Video Future of Ukrainian Former President's Estate Uncertain

More than six months after Ukraine's former President Viktor Yanukovych fled revolution to Russia, authorities have yet to gain control of his palatial estate. Protesters occupy the grounds and opened it to tourists but they are also refusing to turn it over to the state. VOA's Daniel Schearf reports from Mezhigirya, just north of Kyiv.
Video

Video China Muslims Work to Change Perceptions After Knife Attacks

China says its has sentenced three men to death and one woman to life in prison for a deadly knife attack in March that left more than 30 dead and 140 injured. Beijing says Muslim militants from China's restive western region of Xinjiang carried out the attacks. Now, more than six months after the incident, residents in the city are still coping with the aftermath. VOA's Bill Ide has more from Kunming.
Video

Video Enviropreneur Seeks to Save the Environment, Empower the Community

Lorna Rutto, a former banker, is now an ‘enviropreneur’ - turning plastic waste into furniture and fences discusses the challenges she faces in Africa with raw materials and the environment.
Video

Video West Trades Accusations Over Ransoms

As world leaders try to forge a common response to the threat posed by Islamic State militants in Iraq and Syria, there is simmering tension over differing policies on paying ransoms. In the past month, the jihadist group has beheaded two Americans and one Briton. Both countries refuse to pay ransom money. As Henry Ridgwell reports for VOA from London, there is uncertainty in the approach of some other European nations.
Video

Video Scotland Independence Bid Stokes Global Interest

The people of Scotland are preparing to vote on whether to become independent and break away from the rest of Britain, in a referendum being watched carefully in many other countries. Some see it as a risky experiment; while others hope a successful vote for independence might energize their own separatist demands. Foreign immigrants to Scotland have a front row seat for the vote. VOA’s Henry Ridgwell spoke to some of them in Edinburgh.


Carnage and mayhem are part of daily life in northern Nigeria, the result of a terror campaign by the Islamist group Boko Haram. Fears are growing that Nigeria’s government may not know how to counter it, and may be making things worse. More

AppleAndroid