Abstract
According to the Vienna Convention on Law of Treaties, an international treaty is void, if its conclusion has been procured by the threat or use of force in violation of the principles of international law embodied in the UN Charter. The following article analyzes how to interpret this rule contained in art. 52 of the Vienna Convention in regard to a potential peace treaty concluded between Ukraine and Russia and ending the current conflict between them.
The article tackles three different legal interpretations, how to accommodate such peace treaty with the art. 52 of the Vienna Convention. Firstly, the state damaged by the illegal use of force waives its right to claim the treaty void.
Secondly, the art. 52 of the Vienna Convention, or the entire Vienna Convention, shall not be applicable on a peace treaty at all. Thirdly, the peace treaty shall be void, however the duties of the state-aggressor in it shall remain valid and unilaterally binding for the aggressor.
The article argues in favor of a conclusion that none of these interpretations corresponds with currently valid international law. The condition resulting from the art. 52 of the Vienna Convention should be fulfilled if a valid peace treaty is to be concluded.
The article emphasizes what are the factual circumstances that the international community must insist on and enforce for this purpose, otherwise the peace treaty could become a tool of military dictate of an agressor.