Quote:
Originally Posted by musiqum
I am sorry if I missed something. Can you please express your main idea again, shortly?
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I'm kinda tired of repeating myself over and over again... We were discussing whether it's legal to overthrow a government, the legitimacy of Yanukovych's rule and if it's legal that said overthrown government asks a third party for help in a civil war.
To answer those questions it's essential to discuss:
- the differences between a coup d'etat led by the military and one where the military is not involved (often called "democratic coups"
- the definition of recognized governments and the differences between Effective Control Doctrine, the Estrada Doctrine and Tobar Doctrine
- the use of force in the context of international law
I argued, that according to the internationally recognized Effective Control Doctrine the person in charge is the one that:
- possess effective control over the territory: Yanukovych's government certainly doesn't control any part of the Ukraine anymore. Western Ukraine is controlled by the new government, Eastern Ukraine is controlled by pro-Russian Ukrainians and the Crimean Peninsula is controlled by Russian forces/the president of the Crimean region.
- does have the consent or acquiescence of the people: Western Ukraine does not want to be ruled by Yanukovych, Eastern Ukraine and the Crimean Peninsula want to be part of Russia or independent.
- does exhibit the willingness to uphold the state’s obligations under international law
Which would mean that Yanukovych is not the person in charge anymore. So, I argued that it's not up to Yanukovych to ask Russia for military help.
Even when you'd apply the Tobar Doctrine, which is history by now, a government which has just overthrown another government would be recognized, if public elections would take place within a reasonable period of time. Something they want to do in March.
As you can see: I never said or implied that if the West (in the sense of the EU/the US) supports the new government, then Yanukovych’s regime is no longer the recognized government under customary international law.
TL;DR
Just look up "use of force in international law" and "effective control doctrine" on a Russian language search engine...