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Contemporary Practice of the United States Relating to International Law Kristina Daugirdas University of Michigan Law School, [email protected]

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Contemporary Practice of the United States Relating to International Law Kristina Daugirdas University of Michigan Law School, Kdaugir@Umich.Edu University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2014 Contemporary Practice of the United States Relating to International Law Kristina Daugirdas University of Michigan Law School, [email protected] Julian Davis Mortenson University of Michigan Law School, [email protected] Available at: https://repository.law.umich.edu/articles/1518 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the International Law Commons, Military, War, and Peace Commons, and the Organizations Law Commons Recommended Citation Daugirdas, Kristina, co-editor. "Contemporary Practice of the United States Relating to International Law." J. D. Mortenson, co-editor. Am. J. Int'l L. 108, no. 4 (2014): 783-842. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. CONTEMPORARY PRACTICE OF THE UNITED STATES RELATING TO INTERNATIONAL LAW EDITED BY KRISTINA DAUGIRDAS AND JULIAN DAVIS MORTENSON In this section: • United States Condemns Russia’s Use of Force in Ukraine and Attempted Annexation of Crimea • In Wake of Espionage Revelations, United States Declines to Reach Comprehensive Intel- ligence Agreement with Germany • United States Defends United Nations’ Immunity in Haitian Cholera Case • French Bank Pleads Guilty to Criminal Violations of U.S. Sanctions Laws • D.C. Circuit Strikes down Administrative Order Requiring Divestment by Foreign- Owned Corporation • United States Adopts New Land Mine Policy • United States Claims That Russia Has Violated the INF Treaty 783 This content downloaded from 141.211.57.224 on Mon, 11 May 2015 15:00:32 UTC All use subject to JSTOR Terms and Conditions 784 THE AMERICAN JOURNAL OF INTERNATIONAL LAW [Vol. 108 GENERAL INTERNATIONAL AND U.S. FOREIGN RELATIONS LAW United States Condemns Russia’s Use of Force in Ukraine and Attempted Annexation of Crimea On March 21, 2014, the Russian Federation celebrated the addition to its territory of the “Republic of Crimea.”1 The United States, together with other states and international orga- nizations, condemned that addition as an illegal annexation2 that followed Russia’s use of force in contravention of international law.3 These developments occurred in the wake of dramatic changes to Ukraine’s national government, which had been headed by President Viktor Yanu- kovych.4 European Integration, the Maidan Protests, and Ukrainian Regime Change. On August 22, 2013, U.S. Secretary of State John Kerry saluted the twenty-second anniversary of Ukraine’s independence by urging Ukraine to fulfill the conditions for signature of a proposed European Union trade agreement.5 Although Ukraine had appeared ready to do just that, three months later Yanukovych abandoned plans to sign the EU trade agreement and instead sought closer cooperation with Moscow.6 At least partly in response to this decision, pro-EU protesters began to gather peacefully in late November 2013 at the Maidan Square in central Kyiv.7 The Ukrainian government responded harshly, with riot police, tear gas, and beatings.8 Over the next few months, the standoff escalated, eliciting criticism of the Ukrainian gov- ernment by the United States and others.9 On January 16, 2014, the Ukrainian parliament, 1 President of Russia Press Release, Ceremony Signing the Laws on Admitting Crimea and Sevastopol to the Rus- sian Federation (Mar. 21, 2014), at http://eng.kremlin.ru/news/6910. 2 White House Press Release, Background Briefing on Ukraine by Senior Administration Officials (Mar. 20, 2014), at http://www.whitehouse.gov/the-press-office/2014/03/20/background-briefing-ukraine-senior-admin istration-officials [hereinafter March 20 Background Briefing on Ukraine]. 3 U.S. Dep’t of State Press Statement, John Kerry, Secretary of State, Situation in Ukraine (Mar. 1, 2014), at http://www.state.gov/secretary/remarks/2014/03/222720.htm. 4 E.g., On Self-Withdrawal of the President of Ukraine from Performing His Constitutional Duties and Setting Early Elections of the President of Ukraine,VERKHOVNA RADA OF UKRAINE, Feb. 22, 2014, at http://iportal.rada.gov.ua/ en/news/News/News/88138.html; David M. Herszenhorn, Ukraine Rushes to Shift Power and Mend Rifts, N.Y. TIMES, Feb. 24, 2014, at A1. 5 U.S. Dep’t of State Press Release No. 2013/1024, John Kerry, Secretary of State, On the Occasion of Ukraine’s National Day (Aug. 22, 2013), at http://www.state.gov/secretary/remarks/2013/08/213369.htm; see also European Commission, EU-Ukraine Deep and Comprehensive Free Trade Area (Apr. 2013), at http://trade.ec.europa.eu/ doclib/docs/2013/april/tradoc_150981.pdf. 6 Will Englund & Kathy Lally, Ukraine, Under Pressure from Russia, Puts Brakes on E.U. Deal,WASH.POST, Nov. 21, 2013, at http://www.washingtonpost.com/world/europe/ukraine-under-pressure-from-russia-puts-brakes- on-eu-deal/2013/11/21/46c50796-52c9-11e3-9ee6-2580086d8254_story.html; see also, e.g., Will Englund, Rus- sia Seeks to Derail Ukraine’s Trade Deal with E.U., Deploying Taunts and Insults,WASH.POST, Sept. 21, 2013, at http://www.washingtonpost.com/world/europe/russia-seeks-to-derail-ukraines-trade-deal-with-eu-deploying- taunts-and-insults/2013/09/21/85930d4e-22e3-11e3-ad1a-1a919f2ed890_story.html. 7 See Will Englund, In Ukraine, Skepticism Greets New Vow on E.U.,WASH.POST, Dec. 12, 2013, at http://www. washingtonpost.com/world/europe/in-ukraine-skepticism-greets-new-vow-on-eu/2013/12/12/b005705a-6355- 11e3-af0d-4bb80d704888_story.html. 8 Ukraine Protests: A New Revolution on Maidan Square,ECONOMIST, Dec. 7, 2013, at 53, available at http:// www.economist.com/news/europe/21591217-has-ukrainians-defiance-presidents-european-policy-split-country- new-revolution. 9 E.g., NATO Press Release, NATO Foreign Ministers’ Statement on Ukraine (Dec. 3, 2013), at http://www. nato.int/cps/en/natolive/news_105435.htm?selectedLocaleϭen (“We condemn the use of excessive force against peaceful demonstrators in Ukraine....Weurge Ukraine, as the holder of the Chairmanship in Office of the [Orga- nization for Security and Co-operation in Europe (OSCE)], to fully abide by its international commitments and to uphold the freedom of expression and assembly.”); U.S. Dep’t of State Press Release No. 2013/1555, John Kerry, This content downloaded from 141.211.57.224 on Mon, 11 May 2015 15:00:32 UTC All use subject to JSTOR Terms and Conditions 2014] CONTEMPORARY PRACTICE OF THE UNITED STATES 785 known as the Verkhovna Rada (Rada), adopted new restrictions on public assembly without following proper parliamentary procedure.10 These new laws triggered further clashes between civilians and security forces. On January 19, U.S. National Security Council spokesperson Caitlin Hayden stated: We are deeply concerned by the violence taking place today on the streets of Kyiv and urge all sides to immediately de-escalate the situation. The increasing tension in Ukraine is a direct consequence of the government failing to acknowledge the legitimate grievances of its people. Instead, it has moved to weaken the foundations of Ukraine’s democracy by criminalizing peaceful protest and stripping civil society and political opponents of key democratic protections under the law....TheU.S. will continue to consider additional steps—including sanctions—in response to the use of violence.11 At the urging of the international community, Yanukovych began negotiating with oppo- sition leaders. These discussions initially led to the repeal of anti-protest laws, progress on amnesty for protesters, and a commitment by the Yanukovych regime to step down.12 But the negotiations disintegrated in early February, and violent clashes between the government and protesters followed.13 On February 21, Yanukovych and opposition leaders finally reached agreement on a process to end the crisis. Brokered by representatives of France, Germany, Poland, and Russia, the agreement called for a de-escalation of violence, restoration of the 2004 Ukrainian Constitu- tion (which had sharply limited the president’s powers), formation of a new unity government, and early elections.14 While the European ministers formally witnessed the agreement, Russian envoy Vladimir Lukin refused to do so, criticizing the European ministers for having sided with “‘nationalist-revolutionary terrorist Maidan,’ referring to the square” in Kyiv where the pro- tests against Yanukovych started.15 Secretary of State, Statement on Events in Ukraine (Dec. 10, 2013), at http://www.state.gov/secretary/remarks/ 2013/12/218585.htm (“The United States expresses its disgust with the decision of Ukrainian authorities to meet the peaceful protest in Kyiv’s Maidan Square with riot police, bulldozers, and batons, rather than with respect for democratic rights and human dignity. This response is neither acceptable nor does it befit a democracy.”); White House Press Release, Statement by NSC Spokesperson Caitlin Hayden on Ukraine ( Jan. 19, 2014), at http:// www.whitehouse.gov/the-press-office/2014/01/19/statement-nsc-spokesperson-caitlin-hayden-ukraine [herein- after January 19 Statement by NSC Spokesperson Caitlin Hayden] (“From its first days, the Maidan movement has been defined by a spirit of non-violence and we support today’s call by opposition political leaders to reestablish that principle.”). 10 Will Englund, Harsh Anti-Protest Laws in Ukraine Spur Anger,WASH.POST, Jan. 17, 2014, at http://www. washingtonpost.com/world/harsh-laws-in-ukraine-spur-anger/2014/01/17/a1cdb89c-7f63-11e3-9556-4a4bf7b cbd84_story.html; see also U.S. Dep’t of State Press Release, Passage of Undemocratic Legislation in Ukrainian Par- liament ( Jan. 16, 2014), at http://www.state.gov/r/pa/prs/ps/2014/01/219920.htm [hereinafter January 16 U.S. Dep’t of State Press Release].
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