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Abstract:
This article from tagesschau.de examines the implications under international law of potential territorial cessions from Ukraine to Russia, particularly in light of US President Trump's discussions with Russian President Putin. It asserts that any agreement on Ukrainian territory made without Kyiv's explicit consent would violate Ukraine's sovereign equality, territorial integrity, and potentially the prohibition of force, rendering it invalid. International law experts consistently reject the legitimacy of past Russian "referendums" in annexed territories (Crimea, Luhansk, Donetsk, Zaporizhzhia, Kherson) due to their coercive nature and Russia's documented human rights violations. While a genuinely voluntary cession by Ukraine would be legally permissible, the article highlights that the ongoing conflict and external pressures make such voluntariness highly dubious. Furthermore, the Ukrainian constitution mandates a national referendum for any territorial changes, adding a significant domestic legal hurdle.
Summarizing the Ukraine-Russia Territorial Dispute through the Lens of International Law
0:00 - Trump's Speculation on Territory Swap: The article addresses US President Trump's statement hinting at a "territory swap" between Russia and Ukraine in anticipation of his meeting with Russian President Putin.
0:15 - Consent is Crucial in International Law: International law expert Pierre Thielbörger emphasizes that a decision regarding Ukrainian territory made without Kyiv's consent is "juridically unthinkable" (juristisch undenkbar). Modern international law is founded on the "souveräne Gleichheit aller Staaten" (sovereign equality of all states), meaning two states cannot make treaties at the expense of a third.
0:45 - Violation of Sovereignty and Force Prohibition: Any such agreement without Ukraine's approval would clearly disrespect the country's territorial sovereignty and likely violate the international prohibition of force (Gewaltverbot), rendering it illegal under international law.
1:00 - Occupied Territories Remain Ukrainian: International law maintains that the annexed territories of Crimea, Luhansk, Donetsk, Zaporizhzhia, and Kherson legally belong to Ukraine, regardless of Russia's factual control.
1:40 - Referendums Deemed Invalid: The referendums held in 2014 and 2022 by Russia are considered "sham referendums" by experts. They did not meet international standards for free and uncoerced voting, especially given the ongoing occupation and war conditions.
2:10 - Human Rights Violations and Illegality Confirmation: A July 2025 ruling by the European Court of Human Rights (ECtHR) confirmed Russia's "system of violations" in occupied territories from 2014-2022 (e.g., arbitrary attacks, torture, language suppression), further solidifying the illegality of the referendums. The UN General Assembly has also repeatedly affirmed their illegality.
3:00 - Self-Determination vs. State Sovereignty: Russia's argument of "self-determination of peoples" is scrutinized. While this principle allows peoples to determine their development, international law imposes very high hurdles for "external" self-determination (secession from a mother state), typically requiring systematic oppression and severe human rights violations, which were not committed by the Ukrainian government in these regions. This principle must be balanced against the state's sovereignty over its territory.
4:00 - Conditions for Voluntary Cession: While a truly voluntary cession of territory by Ukraine could be permissible under international law, it must be a lawful act, free from any coercion or threat of force.
4:40 - Current Voluntariness is Questionable: The article notes that in the current context, with "heavy Russian air attacks on civilian targets" and "threats from the US government to completely cease military aid," it is "highly questionable" whether Ukraine's government could make a genuinely free and voluntary decision.
5:30 - Ukrainian Constitutional Hurdles: The Ukrainian Constitution (Article 133, Paragraph 2) explicitly defines its territory, including the four eastern/southern regions. Any change to Ukrainian territory would necessitate a national referendum involving all eligible voters and likely a constitutional amendment, presenting significant internal political barriers to such a deal.