THE INDEPENDENCE OF CHECHNYA
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In 1996 Russia and Chechnya signed a peace agreement, which ended the war.
We have been told, that this agreement did not establish the status of Chechnya regarding independence, and that Russia only recognized Chechnya as a republic of The russian Federation with autonomy. The decision regarding constitutional status was postpned until 2001.
Also, we have been told, that chechen separatists proclaimed the chechen republic as an independent state.
The problem with that story is, that it is far from the truth.
THE PEACE TREATY
12 May 1997 Boris Yeltsin, the former pesident of The Russian Federation, and Aslan Maskhadov, former president of The Chechen Republic of Ichkeria, signed a Peace Treaty (1) between the two states. The treaty, often not mentioned by the medias despite its importance, is a proof, that Russia recognized Chechnya as being an independent state.
The text in the treaty is:
"Peace Treaty and Principles of Interrelation between Russian Federation and Chechen Republic of Ichkeria, 12 May 1997
The esteemed parties to the agreement, desiring to end their centuries-long antagonism and striving to establish firm, equal and mutually beneficial relations, hereby agree:
To reject forever the use of force or threat of force in resolving all matters of dispute.
To develop their relations on generally recognised principles and norms of international law. In doing so, the sides shall interact on the basis of specific concrete agreements.
This treaty shall serve as the basis for concluding further agreements and accords on the full range of relations.
This treaty is written on two copies and both have equal legal power.
This treaty is active from the day of signing.
Moscow, 12 May 1997.
(Signed)
B. Yeltsin A. Maskhadov
President of the Russian Federation President of the
Chechen Republic of Ichkeria"
INTERNATIONAL LAW
Art. 2 in the Peace Treaty says, that the parties agree to "develop their relations on generally recognized principles and norms of international law".
By signing the treaty Russia has committed itself to fulfil it . It is conditioned by the fact, that they expect it to be possible and also expect all the necessary conditions to be fulfilled.
Some commentators have said, that "develop relations on international law" was ment so, that each state should build relationship with all its citizens on the norms of international law.
But that is nonsence. It is a fact, that only independent states and their organisations can be subjects to international law. It is not questionable, while it is the fundamental rule of international law. That means, that only independent states can make agreements on international law and "develop relations on international law". Any other unit makes agreements on national law and has nothing to do with international law.
Therefore, it is a condition for fulfilling art. 2 of the treaty, that Chechnya is an independent state at that moment the article comes into force. So, by signing the treaty the russian state has declared, that it considers this condition to be fullfilled.
As no conditions and no moment for the specific article's coming into force have been mentioned in the treaty, it might be possible to conclude, that it comes into force immediately and unconditionally. Which means, that Chechnya was an independent state at the moment the treaty was signed, and, at the same time, this was considered being a fact by RF.
When it is impossible to fulfil the treaty without immediately considering Chechnya as being an independent state, the signing of the treaty becomes a immediately de facto recognition of Chechnya as an independent state. A "de facto recognition" has, roughly speaking, to be understood as a recognition shown by acts, while a "de jure recognition" is a declared recognition.
Francis A. Boyle, a professor on international law, also said (2), that "the only way, that article 2 of this treaty can be properly read .... is, that the Russian Federation is treating the CRI as if it were a de facto (though not yet de jure) independent nation state under international law and practice"
It is important to remark, that a "de facto recognition" is valid just as a "de jure recognition" is valid. As it is valid, it is also binding.
THE NAME "CHECHEN REPUBLIC OF ICHKERIA"
The treaty is between the Russian Federation and "The Chechen Republic of Ichkeria".
Art. 65,1 of the constitution of RF shows the names of the units inside RF (3). Today, the name "Chechen Republic of Ichkeria" is not mentioned on the list in art. 65,1, and it has never earlier been mentioned on the list.
Art. 137,2 in this constitution (4) says, that "in case changes are made in the name of a Republic ... the new name of the subject of the Russian Federation shall be included in Article 65 of the Constitution of the Russian Federation". Which means, that the names mentioned in art. 65,1 have to be the exact names of the units in RF.
So, it is not possible, that a unit of RF is not mentioned in article 65,1. Since the name "Chechen Republic of Ichkeria" is not mentioned on the list, it is possible to exclude, that it is recognized as a name on a unit of RF.
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