“International law is currently undergoing a period of transformation, but its fundamental principles remain a guiding light. Sovereignty and territorial integrity cannot be subject to negotiation,” said Assoc. Prof. Dr Indrė Isokaitė-Valužė, the head of the Ukrainian Law Center at the Faculty of Law of Vilnius University (VU), at the international conference “Negotiating Peace for Ukraine: International Law Dimensions and Implications.”
At the event organized by the Faculty of Law of VU and the Ministry of Foreign Affairs of the Republic of Lithuania on October 3, legal scholars and representatives of European institutions discussed the importance of international law and measures to achieve peace and security in war-torn Ukraine. Conference participants particularly emphasized the need for a unified political will.
“We need a good result – long-term and just peace, political, legal, and financial accountability,” said Kęstutis Budrys, Minister of Foreign Affairs of the Republic of Lithuania, who urged that all those who contributed to crimes against Ukraine be held criminally responsible.
VU Rector Prof. Rimvydas Petrauskas emphasized that now is the time for progress, but peace is becoming increasingly fragile: “This is a moment when each of us can be a part of significant contributions. I wish you strong determination.”
“Is there any power capable of ensuring compliance with the rules of international law? Or, in the realm of international law, are we limited to nothing more than appealing, persuading, and urging?”. These important questions were raised by Prof. Dr Haroldas Šinkūnas, Dean of the Faculty of Law, who reminded us that national law functions because there is an effective authority that ensures compliance with it.
Participants of the event were greeted by Olha Nikitchenko, Ambassador of Ukraine to Lithuania.
Sovereignty debates – an existential threat to regional and international security
Russia’s war in Ukraine has shaken the international legal system, European security architecture, and values-based democracy. The conference noted that Europe currently lacks a clear strategy. If Ukraine’s sovereignty depends on negotiations, this approach may spread to other regions.
Prof. Margarita Šešelgytė, Director of the Institute of International Relations and Political Science at Vilnius University, noted that in such a case, small countries such as Lithuania would risk losing their decision-making opportunities.
According to the conference speakers, the likelihood that international legal norms will be respected in the future depends on whether continuous efforts are made to enforce them.
“Law is a story that the international community tells itself. Its effectiveness depends on how convincingly this story is told,” said one of the conference speakers, Edmunds Broks, Vice-Dean of the Faculty of Law at the University of Latvia.
Success in applying international law – coordinated action
Synergy between states in seeking to restore justice to war-torn Ukraine remains a challenge. Without a unified plan of action or with diverging opinions, pressure on Russia is waning.
“Sometimes there are so many efforts, good efforts, but if they are not put in a common strategy from governments, lawyers, practitioners, you cannot have the maximum political pressure on the people that you want to restrain,” commented Dr Gabija Grigaitė-Daugirdė, lecturer at the Faculty of Law of Vilnius University and former Deputy Minister of Foreign Affairs of the Republic of Lithuania, on the specifics of applying sanctions.
Assoc. Prof. Dr I. Isokaitė-Valužė noted that one of the most important areas of action for the international community at present should be compliance with fundamental principles of law and their consistent and active application. It is true that the United Nations Security Council is currently paralysed, but states and regional organisations are finding new ways to act.
In 2022, the United Nations General Assembly adopted a resolution establishing a clear principle: a state that has committed an international violation must compensate the affected country. As part of the compensation mechanism, a Register of Damage caused by the Russian Federation’s aggression against Ukraine was established to collect evidence of damage caused by Russian aggression on Ukrainian territory and classify it according to established categories, and a Claim Commission was also set up.
Admittedly, this mechanism is limited, as noted by Markiyan Kliuchkovskyi, Executive Director of the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine, but it remains important as proof that effective legal tools for accountability can be developed. It is believed that this could strengthen the authority of international law.
The prospects for the Special Tribunal depend on political will
An example of unified political will is the establishment of a Special Tribunal for aggression against Ukraine. Although the tribunal project has not yet been fully implemented, it paves the way for establishing responsibility for aggression in international law. In this case, political will is the decisive force – the prospects for the Special Tribunal depend on it.
Prof. Dr Claus Kress, Director of the Institute of International Peace and Security Law at the University of Cologne and Special Advisor on the crime of aggression to the Prosecutor of the ICC, stated at the conference that once genuine peace negotiations begin, this tribunal could become an important element of justice. Historical experience also provides a positive outlook: after World War II, despite the complex circumstances, it was possible to develop functioning reparation mechanisms.
Historical experience also gives cause for optimism: after World War II, despite the complex circumstances, it was possible to develop effective reparations mechanisms, so we can expect effectiveness in deciding how to compensate Ukraine for the damage it has suffered.
