A few years in the past, I gave a lecture on collective safety and worldwide regulation on the Karazin College in Kharkiv. Among the many many questions from the scholars, I clearly recall their issues about what occurs when worldwide regulation fails, and uncooked energy prevails, notably if a everlasting member of the UN Safety Council commits an act of aggression. We mentioned the UN Constitution, a state’s proper to self-defence, the Budapest Memorandum, and what would occur if Ukraine have been to turn into a sufferer of aggression – a situation that appeared unimaginable on the time (who, and why would assault Ukraine, proper?!). This trade happened earlier than the annexation of Crimea, in the identical constructing that in March 2022 was struck by a Russian shell on the onset of the full-scale invasion.
As we speak, the reply to those questions is unfolding earlier than our eyes: When the cornerstone ideas of worldwide regulation are damaged, warfare follows. But, the sufferer of aggression has a alternative: to battle again utilizing its proper to self-defence or to give up. The remainder of the world, too, has a alternative: to face with the sufferer and uphold worldwide regulation and order, or to betray them by tolerating the aggressor, or worse, overtly siding with him. Zelenskyy’s phrases, “I want ammunition, not a journey”, replicate the selection Ukraine made in February 2022. Ukraine selected to face in opposition to Russia – an aggressor state, a nuclear energy with an unlimited landmass and huge human and pure sources. This alternative is obvious and has remained steadfast for the reason that first day of the full-scale invasion. Not like that of a few of Ukraine’s allies.
An ethical and diplomatic betrayal
On February 28, a pivotal assembly happened within the Oval Workplace – one that ought to have reaffirmed the USA’ as soon as “unwavering help for Ukraine’s sovereignty and territorial integrity”. As an alternative, it was a harsh, humiliating expertise and a transparent act of betrayal not solely of the individuals of Ukraine but in addition of the ideas of the UN Constitution and US allies in Europe. It was not merely Zelenskyy who entered the Oval Workplace that day; it was Ukraine – the troopers preventing on the entrance strains, the households awaiting their return, the youngsters rising up underneath the wail of air raid sirens. A weary warrior arrived on the doorstep of a supposed ally, one who had promised help and peace, solely to be met with doubt and disdain.
What was this assembly about? The President of Ukraine was pressured to simply accept Trump’s, or maybe Putin’s, peace deal, a distinction that has turn into more and more blurred because the White Home now echoes Russia’s propaganda, level by level.
++++++++++Commercial++++++++
Barbara Huber Scholarship ProgramMax Planck Institute for the Examine of Crime, Safety and Legislation (MPI-CSL)The MPI-CSL is inviting functions for its Barbara Huber Scholarship Program. The Analysis Scholarship program is open to excellent lecturers in any respect ranges from overseas analysis establishments for notably revolutionary analysis initiatives that contribute considerably to scientific progress within the areas of Criminology, Public Legislation, or Legal Legislation. For additional data and utility see right here. Deadline for functions: 31 Could, 2025.
++++++++++++++++++++++++++++
The next moments from the tense trade between Trump, Zelenskyy and Vance give a glimpse into the ethical and diplomatic betrayal that Ukraine confronted:
Zelenskyy: “Have you ever ever been to Ukraine that you just say what issues we have now?”’
Vance: “I’ve truly watched and seen the tales, and I do know that what occurs is you carry individuals, you carry them on a propaganda tour, Mr. President.”
A propaganda tour. That’s how they considered Ukraine’s struggling. Three years underneath Russia’s assaults – bombed-out cities, mass graves, Mariupol, Bucha, households torn aside. Not actuality, however a present. A efficiency.
Trump: “You’re, proper now, not in an excellent place. You’ve allowed your self to be in a really dangerous place.”
As if Ukrainians have been chargeable for this warfare. As if the invasion, the warfare crimes, and the relentless missile strikes have been a failure of Ukraine’s management fairly than the brutality of an enemy, a nuclear state ten occasions its measurement. Vance: “Have you ever stated thanks as soon as?’
Zelenskyy: “A number of occasions. Even immediately.”
However that was not sufficient.
Vance: “Provide some phrases of appreciation for the USA of America and the President who’s making an attempt to save lots of your nation.”
Is Trump actually saving Ukraine? This is similar one that supported blocking navy support to Ukraine in early 2024, hindering Ukraine’s skill to defend its positions and permitting Russian forces to make tactical good points. It’s the similar one that, on 25 February 2025, opposed a European-drafted UN decision condemning Moscow’s aggression. An individual who blames Ukraine, insisting that Ukraine ought to have by no means began this warfare. And but, that is the particular person to whom Ukraine was anticipated to specific gratitude.
Trump: “Look, if you may get a ceasefire proper now, I let you know, you’re taking it so the bullets cease flying and your males cease getting killed.”
Zelenskyy: “In fact we need to cease the warfare. However I stated to you, with ensures.”
Trump: “Are you saying you don’t desire a ceasefire? I desire a ceasefire. Since you’ll get a ceasefire quicker than an settlement.”
Nobody longs for peace greater than Ukraine. Nobody is extra exhausted by warfare. However true peace can solely include actual ensures that forestall additional aggression and be sure that Ukraine’s existence is safe. This can be a easy but profound request: Safety and assurances that the bloodshed and destruction won’t proceed, and that Russia won’t return.
Ukraine has an extended record of worldwide agreements wherein Russia explicitly acknowledged Ukraine’s sovereignty and territorial integrity (e.g., the Treaty on Friendship, Cooperation, and Partnership between Ukraine and Russia (1997), the Treaty between Ukraine and the Russian Federation on the State Border (2003)). Extra critically, when Ukraine relinquished what was then the world’s third-largest nuclear arsenal, Russia, together with different signatories, pledged to uphold its safety underneath the 1994 Budapest Memorandum. All these commitments have been violated in 2014 when Russia annexed Crimea and launched a hybrid warfare in Ukraine’s Donbas. The Minsk course of that adopted did not carry lasting peace; as a substitute, it revealed Russia’s tactic of utilizing ceasefires as momentary pauses fairly than real steps towards peace. In truth, over 25 ceasefires agreed upon since 2014 have been damaged, finally resulting in Russia’s full-scale invasion in 2022. After so many breaches of belief, any promise of peace from Russia stays meaningless with out concrete and enforceable ensures.
Somebody from the viewers repeated Zelenskyy’s request concerning the ensures for Ukraine: “What if Russia breaks the ceasefire?”
Trump: “What, if something? What if a bomb drops in your head proper now?’’
Sure, Mr. President, at that precise second, Ukrainians have been underneath Russian assault: Missiles and bombs raining down on their heads. Russia was demonstrating its “readiness for the peace deal”.
Trump: “… And your individuals are very courageous. However you’re both going to make a deal or we’re out. And if we’re out, you’ll battle it out… However as soon as we signal that deal, you’re in a a lot better place, however you’re not appearing in any respect grateful. And that’s not a pleasant factor… ”
Within the days following this assembly, the US suspended navy support to Ukraine, retroactively halting all beforehand authorized help that had but to reach. Essentially the most essential penalties are the delays in delivering Patriot air defence methods and interceptor missiles – important for shielding Ukraine from Russia’s relentless airstrikes. Moreover, the US reduce off intelligence sharing, depriving Ukraine of real-time warnings about incoming assaults. Trump’s selections don’t simply weaken Ukraine’s skill to battle; they immediately endanger the lives of civilians whereas giving Russia a strategic benefit within the skies. Hospitals, faculties, and residential areas – already frequent targets – will face even higher hazard.
Over the previous three years of warfare, US help has been a cornerstone of Ukraine’s resistance, signaling sturdy opposition to Russian aggression. Now, with these lifelines reduce, Kyiv is left extra susceptible than ever whereas Moscow watches and advantages. Is that this a peace negotiation? It appears extra just like the US has opened a brand new entrance – in opposition to Ukraine. Ultimately, what’s the distinction between the US weakening Ukraine and Iran supplying missiles and drones to Russia or North Korea sending troopers to bolster Putin’s military?
++++++++++Commercial++++++++
Humboldt College is launching an English-language LL.M. program! It is going to present an in-depth understanding of German and European regulation, enriched with and within the context of world views.
This system will begin with the educational yr of 2025-2026. It addresses graduates from everywhere in the world with sturdy foundational data in regulation and not less than one yr {of professional} expertise. Purposes are doable from 1 to 31 Could 2025.
For extra data click on right here.
++++++++++++++++++++++++++++
This can be a placing shift in US coverage: serving to Russia achieve from Ukraine what it couldn’t win on the battlefield.
The Way forward for the Worldwide Order Lies in Ukraine
A Trump-brokered peace deal would imply Ukraine being overtaken by Russia. However why is that this harmful for the complete world?
First, it sends a transparent message that nationwide sovereignty, territorial integrity, and worldwide regulation not matter. By forcing Ukraine right into a peace deal that legitimizes Russia’s aggression, it units a harmful precedent, encouraging different states to make use of power.
Second, Ukraine is a rustic that gave up its nuclear weapons in trade for worldwide ensures of its sovereignty and territorial integrity. Ukraine’s expertise – the place two nuclear powers impose their will – might immediate different nations to rethink disarmament and as a substitute pursue their very own nuclear packages for self-protection.
Third, by aligning with Russia, the US dangers weakening the so-called “collective West”, dismantling essentially the most highly effective alliance in human historical past. By undermining Ukraine, the West alerts that it not upholds its personal values – rule of regulation, justice, democracy, human rights.
The livestream from the Oval Workplace and the choices that adopted spotlight a troubling actuality: The world is turning into an more and more harmful place for everybody.
Trump: “All proper, I feel we’ve seen sufficient. What do you suppose? That is going to be nice tv. I’ll say that.”
Editor’s Choose
by JAKOB GAŠPERIN WISCHHOFF
“Nothing is true, all is permitted.”
The novel Alamut, which impressed the well-known pc sport Murderer’s Creed, is a narrative that won’t mean you can sleep. It’s as a lot about fundamentalism within the eleventh century as it’s about immediately. It’s about Hassan-i Sabbah and the Persian impregnable fortress Alamut, which I visited on my journey via Iran.
By Slovenian author Vladimir Bartol from the suburbs of Trieste (1903-1967).
“Nobody thinks of the flowers.Nobody thinks of the fish.Nobody desires to imagine the backyard is dying,that its coronary heart has swollen within the heatof this solar, that its thoughts drains slowlyof its lush recollections. (I Pity the Backyard, Forugh Farrokhzad)”
*
The Week on Verfassungsblog
summarised by MAXIM BÖNNEMANN
“An ethical and diplomatic betrayal.” That is how Ukrainian authorized scholar Alina Cherviatsova described the USA’ coverage shift in our editorial. The geopolitical penalties of the U.S. rapprochement with dictator Vladimir Putin are big. Ukraine loses important intelligence and weaponry whereas Russia relentlessly continues its warfare of aggression. Past Ukraine, the shock of abandoning decades-old certainties is profound. With out U.S. safety, Europe’s vulnerability to Russia is uncovered, notably within the Baltics. Nonetheless, whereas the European Union is experiencing its biggest safety disaster, it additionally turns into evident that disaster administration has turn into one of many EU’s well-established strengths: Simply days after the White Home debacle, the European Fee unveiled a plan (“ReArm Europe”) to mobilize tons of of billions of euros for Europe’s safety. PAUL DERMINE (ENG) affords a primary set of reflections on the plan’s construction, ambition, and authorized design. In the meantime, KARSTEN MEIJER and ARJEN KLEIN (ENG) define three challenges for the creation of a European military.
Not solely is European defence coverage receiving extra consideration, however one other dimension of Russia’s warfare in opposition to Ukraine can be being mentioned extra intensely: the dialogue about Ukraine’s membership within the European Union. ANDREW DUFF (ENG) argues that Ukraine should be a part of the European Union as shortly as doable. Whereas Ukraine initially prioritized NATO membership, its sovereignty now depends upon EU integration, which would offer financial restoration, authorized safety, and political solidarity. To speed up the method, DUFF suggests eradicating pointless unanimity necessities, granting Ukraine partial voting rights earlier than full membership (as quickly because the accession treaty is signed), and drafting the accession treaty by 2025.
On 12 February 2025, the European Court docket of Human Rights (ECtHR) in Strasbourg held a landmark session, addressing for the primary time the problem of ‘migrant instrumentalisation’ or ‘hybrid assaults’ allegedly orchestrated by Belarus following EU sanctions. The Grand Chamber heard three circumstances in opposition to Latvia, Lithuania, and Poland, the states reportedly affected. ALEKSANDRA ANCITE-JEPIFÁNOVA (ENG) examines key authorities arguments relating to the interpretation of Article 3 ECHR (prohibition of inhuman therapy) and Article 4 Protocol 4 ECHR (prohibition of collective expulsion), analysing their interaction throughout the complicated border state of affairs.
Turning from Strasbourg to Budapest and doubtlessly again to Luxembourg, the problem of judicial independence and truthful pay led 1000’s to reveal in Budapest. Three days after the protests, the CJEU dominated in Joined Circumstances C-146/23 and C-374/23, setting EU-wide minimal standards for judges’ remuneration to make sure independence. Although the circumstances originated in Lithuania and Poland, the ruling is very related to Hungary, the place judicial salaries lack authorized readability and enforceability. DÁNIEL G. SZABÓ (ENG) explains why the choice ought to immediate an EU infringement process and empowers Hungarian judges to problem their arbitrary pay system.
++++++++++Commercial++++++++
Out
now!
Have a look inside our newest Verfassungsbooks! 
The 2024 ICJ Advisory Opinion on the Occupied Palestinian Territory (edited by Kai Ambos)On this edited quantity, Palestinian, Israeli, and different students take inventory of the landmark resolution and its regional and international affect. Get the print copy or obtain the digital guide.
Europe’s Basis and its Future: The EU Constitution in Focus (edited by Jakob Gašperin Wischhoff)Basic rights within the EU have undergone a exceptional journey – the amount displays previous developments and addresses the challenges the EU Constitution is going through immediately. You possibly can order a print copy or learn this Verfassungsbook on-line.
As at all times and with out query: Open Entry! 
++++++++++++++++++++++++++++
The truth that freedom of expression in India is underneath stress has typically been a subject of debate for us. Now, the Indian Supreme Court docket has dominated on two broadly adopted circumstances within the nation, involving statements made by a podcaster and a legislator of the Legislative Council of the State of Bihar. ANMOL JAIN (ENG) explains why these rulings are one more troubling signal for the state of free speech and as a substitute signify a type of “judicial paternalism.”
The shockwaves from Washington additionally triggered sudden political dynamics in Germany. To make the Bundeswehr combat-ready, the constitutional debt brake is ready to be adjusted, alongside a particular fund of 500 billion euros for infrastructure repairs. However why this division of fiscal coverage into budgets and particular funds within the first place? FLORIAN MEINEL (GER) makes use of the present debate to contextualize the debt brake inside Germany’s political financial system, exhibiting that we face nothing lower than a cut up within the monetary structure—one with doubtlessly delicate democratic penalties.
GREGOR LAUDAGE (GER), too, examines the brand new parliamentary dynamics surrounding constitutional amendments. Opposite to some opinions, he argues that it’s constitutionally unproblematic for the previous Bundestag to cross reforms earlier than the brand new one is constituted.
Nonetheless, the German Bundestag faction CDU/CSU appears to seek out it problematic that civil society organizations don’t act politically neutrally. In a parliamentary inquiry with a staggering 551 questions, the CDU/CSU faction interrogated the Authorities about chosen civil society actors, sowing focused mistrust in civil society within the eyes of many. FIETE KALSCHEUER (GER) makes use of this debate to discover state funding necessities developed in case regulation, arguing that with out parliamentary authorized grounds, public funds mustn’t (immediately or not directly) be used to arrange protests in opposition to political events.
Though asylum and migration coverage at the moment take a again seat to overseas and monetary coverage points, it would play a central function within the coalition talks between CDU/CSU and SPD. Usually, the talk facilities on the idea of nationwide sovereignty and its stress with EU regulation and worldwide obligations. PHILIPP REHM (GER) argues in opposition to pitting nationwide sovereignty in opposition to transnational authorized methods, asserting that democratic standard sovereignty should be thought of in tandem with a dedication to human rights.
Not too long ago, the German Bundestag and Bundesrat handed a regulation to help ladies who’ve been victims of violence. The regulation goals to implement Articles 22 et seq. of the Istanbul Conference, an internationally binding treaty for the prevention and combating of violence in opposition to ladies and home violence. REBEKKA BRAUN, DILKEN ÇELEBI, and CATHARINA CONRAD (DE) clarify why, regardless of this gender equality success, reforms required by worldwide and European regulation have but to materialize.
*
Take care and all the very best!
Yours,
the Verfassungsblog Staff
