“UNDER DURESS”
The United States has signalled its willingness to recognise Russia’s annexation of Crimea, but there is a debate whether any deal would be legally valid – even if Ukraine signs.
“In principle, at least, treaties produced through coercion are void,” said Malksoo, warning that any agreement signed under pressure by Kyiv could spark a legal battle.
Before accepting Russian sovereignty over the peninsula, each country would assess whether Moscow coerced Kyiv into giving up Crimea.
And Ukraine could “use this argument to challenge the validity of any agreement it may have been pressured into signing”, said Erpelding.
Washington has not revealed details of its peace plan, but has suggested freezing the front line, effectively handing Russia the four regions it now occupies since launching its February 2022 invasion.
By agreeing to cede Crimea, Ukraine would be setting a precedent that “could be used by Russia to take over the rest of the country”, O’Brien said.
“It’s the thin end of the wedge in the Russian plan to end Ukraine,” he added.
