Čečėnijos problemos tarptautiniai teisiniai aspektai ; International legal aspects of the problem of chechnya

Abstract

This work aims to evaluate the international legal status of Chechnya in different periods of its fight for independence on the basis of international legal norms and to determine a type of armed conflicts that took place in Chechnya as well as to review violations of human rights and the international humanitarian law made during these armed conflicts. Following international legal acts the work reveals contents of the freedom of national self-determination and its relation to the principle of territorial integrity. Also, the work reviews qualifications of persons of the international law with a particular attention given to the concept and attributes of the state and examines the most important aspects of the status of Chechnya. Also, this research presents the concept of the armed conflict and discusses features of international and non-international armed conflicts on which basis the type of conflicts that took place in Chechnya has been determined. The work overviews the case law of the European Court of Human Rights on which basis violations of the humanitarian law that were made during the armed conflicts in Chechnya have been determined. In 1991/1992 Chechnya had all main qualifications of the state: population, a defined territory and the government. According to the norms of the international law this meant its establishment as the state. The victory of Chechnya in the First Chechnya War has proved Chechnya statehood once again. Russia de facto confirmed independence of Chechnya by its subsequent actions. After examination of possible different assessments of the armed conflicts in Chechnya and on the basis of the conclusion that Chechnya is an unrecognised state, it has been determined that the above armed conflicts should be considered as international conflicts.