Budapest Memorandum row: much ado about nothing?

Neville Gafa

~ 3 weeks ago

Budapest Memorandum row: much ado about nothing?

I wanted to delve into the ongoing debate surrounding the Budapest Memorandum on Security Assurances to Ukraine signed in 1994. The memorandum has been a point of contention between Russia, Ukraine, the US, and the UK, with each party interpreting its provisions differently.

 

From a Western perspective, the memorandum is considered legally binding under the 1969 Vienna Convention and subject to the International Court of Justice (ICJ). However, the Russian perspective differs, as they argue that the document was never ratified by the parties, and both the US and Russia do not recognize the court’s jurisdiction.

 

 

One of the key issues at the heart of the debate is whether the memorandum provided security and territorial integrity “guarantees” to Ukraine. While the Western perspective asserts that it offered significant, politically binding security assurances, the Russian perspective points out that the language of the document is vague and does not explicitly mention “guarantees.”

 

Another point of contention is whether Ukraine could have retained its nuclear arsenal. The Western perspective suggests that Ukraine could have remained a nuclear state if it chose to, while the Russian perspective highlights that Ukraine had already declared itself non-nuclear in 1990, and both the US and Russia sought to remove nuclear weapons from Ukraine.

 

Lastly, the question of whether Russia violated the Budapest Memorandum has been a topic of heated debate. The Western perspective argues that Russia breached the agreement twice, in 2014 and 2022, while the Russian perspective maintains that Moscow acted within the framework of the UN Charter, including the rights of peoples to self-determination and self-defense.

 

In conclusion, the Budapest Memorandum row continues to be a complex and multifaceted issue with differing interpretations and perspectives from all parties involved. It is essential to consider all viewpoints to gain a comprehensive understanding of the situation.

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Neville Gafa

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