"We the Territorial People” and the Russia-Ukraine War

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This article argues that Russia’s demands for Ukraine to amend its constitution to recognize Crimea as Russian, accept the independence of Donetsk and Luhansk, and abandon its NATO and EU aspirations cannot be legitimized through constitutional processes. Ukraine’s constitution, like those of most democracies, includes strong protections for territorial integrity. It explicitly prohibits amendments aimed at undermining national unity and requires a national referendum for any changes to the country’s borders. These provisions are not democratic formalities—they are deliberate legal barriers to secession.

Comparative constitutional law reinforces this approach: the vast majority of constitutions worldwide ban secession outright. They employ tools of “militant democracy,” including eternity clauses and party bans, to prevent separatist movements from gaining ground. The article emphasizes that secession is not a normal amendment but a constitutional rupture—it challenges the identity of the constitution-making body itself. As such, it cannot be resolved through amendment procedures. Instead, it would require the formation of two new constitution-making entities—one representing the secessionists, and one representing the remaining population—to reach mutual agreement.

International law also aligns with this perspective. While it supports territorial integrity as a core principle, it only recognizes a right to secession in cases of colonial rule or foreign occupation. Russia’s attempt to justify its actions through claims of humanitarian crisis and ethnic self-determination is unsupported by international legal standards. Ultimately, the article concludes that Russia’s constitutional demands cannot be met within the Ukrainian or international legal frameworks. What Russia seeks is not amendment, but a forced reconstitution of Ukrainian statehood—an act fundamentally at odds with the legal principles of both constitutional and international order.

Suggested Citation:

“We the Territorial People” and the Russia-Ukraine War, VerfBlog, May 7, 2022.