The media has been filled with coverage of the Russian presidential election that took place this weekend. Incumbent Russian President Vladimir Putin boasted 87% of the vote – a number that hardly came as a surprise amid widespread criticism that the election was neither free nor fair.
Even before the election began in Russia, European Council President Charles Michel wrote: “Would like to congratulate Vladimir Putin on his landslide victory in the elections starting today. No opposition. No freedom. No choice.”
This year, the Russian presidential election was held in two countries: Russia and the Russian-occupied parts of Ukraine’s Kherson, Zaporizhzhia, Donetsk, and Luhansk oblasts, as well as Crimea. That the election of Russia’s president was held within Ukraine’s internationally recognized borders should be condemned loudly and clearly, with sanctions to follow.
Holding the election in Ukraine’s occupied territories is undoubtedly an attempt to absorb them into Russia’s governmental, legal, and political system. This is not a stand-alone act but one of the many steps Moscow has taken to annexe Ukrainian territory. Russia has engaged in forced passportization, Russified all levels of education, and imposed requirements to re-register and receive documents in accordance with Russian laws – acts that are prohibited under international law.
By holding the Russian election in Ukraine’s occupied territories, Russia has violated two principles of international law: sovereign equality and non-intervention. In essence, all states are equal before international law and no state has the right to interfere with the internal affairs of another state. These principles are enshrined in Article 2 of the United Nations Charter, the Declaration on the Principles of International Law, and the Helsinki Accords.
While international humanitarian law – the branch of international law that governs the conduct of hostilities – does not regular elections as such, Article 45 of the 1907 Hague Regulations states that it is forbidden to compel the inhabitants of an occupied territory to swear allegiance to the hostile power. Arguably, this applies to Russia’s elections, forced passportization, and other coercive activities in Ukraine’s occupied territories.
By now, I think it’s fair to say that holding sham referenda and elections at gunpoint is not a new tactic employed by Russia. Before the full-scale invasion, Russia did the same in occupied Crimea and the occupied parts of Donbas.
In 2022, at the time of Russia’s sham referenda in Ukraine’s occupied territories, the international community’s response was, rightly: “the unlawful actions of the Russian Federation with regard to the illegal so-called referendums… and the subsequent attempted illegal annexation of these regions, have no validity under international law and do not form the basis for any alteration of the status of these regions of Ukraine.”
However, a political and legal response by the international community should follow. At a minimum, such a blatant violation of international law calls for strengthened sanctions and other related measures. At a maximum, while holding elections in Ukraine’s occupied territories is not in and of itself a war crime, the act may form part of the wider context of the International Criminal Court and other justice mechanisms’ investigations into Russian war crimes in Ukraine.
Editor’s Note: The opinions expressed in the op-ed section are those of the authors and do not purport to reflect the views of the Kyiv Independent.
