Replies

The Budapest Memorandum is nothing more than a Memorandum of assurances. It assured that in case of Ukraine becoming a victim of aggression, immediate United Nations Security Counsil action to provide assistance would be sought. That is what entered into force in 1994. The matter was taken up before the UN Security Council which did not authorize anyone to use military force against Russia.

It is not a treaty. It is in reference to a treaty. A Memorandum does not create international obligations, whereas a Treaty does.

Memorandum on security assurances in connection with Ukraine’s accession to the Treaty on the Non-Proliferation of Nuclear Weapons. Budapest, 5 December 1994.

Registration with the Secretariat of the United Nations: Ukraine, 2 October 2014

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The Budapest Memorandum

No. 52241
Ukraine, Russian Federation, United Kingdom of Great Britain and Northern Ireland and United States of America
Memorandum on security assurances in connection with Ukraine's accession to the Treaty on the Non-Proliferation of Nuclear Weapons. Budapest, 5 December 1994
Entry into force: 5 December 1994 by signature
Authentic texts: English, Russian and Ukrainian
Registration with the Secretariat of the United Nations: Ukraine, 2 October 2014
Ukraine, Federation de Russie, Royaume-Uni de Grande-Bretagne et d'Irlande du Nord et Etats-Unis d'Amerique
Memorandum relatif aux garanties de securite dans le cadre de l'adhesion de l'Ukraine au Traite sur la non-proliferation des armes nucleaires. Budapest, 5 decembre 1994
Entree en vigueur: 5 decembre 1994 par signature
Textes authentiques: anglais, russe et ukrainien
Enregistrement aupres du Secretariat de l'Organisation des Nations Unies: Ukraine, 2 octobre 2014
[English text - Texte anglais]
MEMORANDUM ON SECURITY ASSURANCES IN CONNECTION WITH UKRAINE’S ACCESSION TO THE TREATY ON THE NON-PROLIFERATION OF NUCLEAR WEAPONS
Ukraine, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America,
Welcoming the Accession of Ukraine to the Treaty on the Non-Proliferation of Nuclear Weapons as a non-nuclear-weapon state,
Taking into account the commitment of Ukraine to eliminate all nuclear weapons from its territory within a specified period of time,
Noting the changes in the world-wide security situation, including the end of the Cold War, which have brought about conditions for deep reductions in nuclear forces,
Confirm the following:
1. The Russian Federation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America reaffirm their commitment to Ukraine, in accordance with the principles of the CSCE Final Act, to respect the independence and sovereignty and the existing borders of Ukraine.
2. The Russian Federation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America reaffirm their obligation to refrain from the threat or use of force against the territorial integrity or political independence of Ukraine, and that none of their weapons will ever be used against Ukraine except in self-defense or otherwise in accordance with the Charter of the United Nations.
3. The Russian Federation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America reaffirm their commitment to Ukraine, in accordance with the Principles of the CSCE Final Act, to refrain from economic coercion designed to subordinate to their own interest the exercise by Ukraine of the rights inherent in its sovereignty and thus to secure advantages of any kind.
4. The Russian Federation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America reaffirm their commitment to seek immediate United Nations Security Council action to provide assistance to Ukraine, as a non-nuclear-weapon state party to the Treaty on the NonProliferation of Nuclear Weapons, if Ukraine should become a victim of an act of aggression or an object of a threat of aggression in which nuclear weapons are used.
5. The Russian Federation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America reaffirm, in the case of Ukraine, their commitment not to use nuclear weapons against any non-nuclear-weapon state party to the Treaty on the Non-Proliferation of Nuclear Weapons, except in the case of an attack on themselves, their territories or dependent territories, their armed forces, or their allies, by such a state in association or alliance with a nuclear weapon state.
6. Ukraine, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America will consult in the event a situation arises which raises a question concerning these commitments.
This Memorandum will become applicable upon signature.
Signed in four copies having equal validity in the Ukrainian, English, and Russian languages.

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MINSK I PROTOCOL (1 September 2014)

https://peacemaker.un.org/sites/peacemaker.un.org/files/UA_140905_MinskCeasfire_en.pdf

Original official document in Russian only.

Annex I to the letter dated 24 February 2015 from the Permanent Representative of Ukraine to the United Nations addressed to the President of the Security Council
[Original: Russian]
Protocol on the outcome of consultations of the Trilateral Contact Group on joint steps aimed at the implementation of the Peace Plan of the President of Ukraine, P. Poroshenko, and the initiatives of the President of the Russian Federation, V. Putin
Upon consideration and discussion of the proposals put forward by the participants of the consultations in Minsk on 1 September 2014, the Trilateral Contact Group, consisting of representatives of Ukraine, the Russian Federation and the Organization for Security and Cooperation in Europe (OSCE), reached an understanding with respect to the need to implement the following steps:
1. Ensure the immediate bilateral cessation of the use of weapons.
2. Ensure monitoring and verification by OSCE of the regime of non-use of weapons.
3. Implement decentralization of power, including by enacting the Law of Ukraine on the interim status of local self-government in certain areas of the Donetsk and Luhansk regions (Law on Special Status).
4. Ensure permanent monitoring on the Ukrainian-Russian State border and verification by OSCE, along with the establishment of a security area in the border regions of Ukraine and the Russian Federation.
5. Immediately release all hostages and unlawfully detained persons.
6. Enact a law prohibiting the prosecution and punishment of persons in connection with the events that took place in certain areas of the Donetsk and Luhansk regions of Ukraine.
7. Continue an inclusive national dialogue.
8. Adopt measures aimed at improving the humanitarian situation in Donbass.
9. Ensure the holding of early local elections in accordance with the Law of Ukraine on the interim status of local self-government in certain areas of the Donetsk and Luhansk regions (Law on Special Status).
10. Remove unlawful military formations and military hardware, as well as militants and mercenaries, from the territory of Ukraine.
11. Adopt a programme for the economic revival of Donbass and the resumption of vital activity in the region.
12. Provide personal security guarantees for the participants of the consultations.
Participants of the Trilateral Contact Group:
(Signed) Heidi Tagliavini,
Ambassador
(Signed) L. D. Kuchma,
Second President of Ukraine
(Signed) M. Y. Zurabov,
Ambassador of the Russian Federation to Ukraine
(Signed) A. W. Zakharchenko
(Signed) I. W. Plotnitski

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https://comw.org/pda/fulltext/UNSC-Res-2202-Minsk.pdf

The Minsk Agreement of 12 February 2015 (MINSK II) followed the Minsk Protocol of 5 September 2014 (MINSK I)

MINSK II AGREEMENT, 12 February 2015 (as endorsed at UN Security Council, 17 Feb 2015)

ANNEX I
Package of Measures for the Implementation of the Minsk Agreements
Minsk, 12 February 2015
1. Immediate and comprehensive ceasefire in certain areas of the Donetsk and Luhansk regions of Ukraine and its strict implementation as of 15 February 2015, 12 a.m. local time.
2. Withdrawal of all heavy weapons by both sides by equal distances in order to create a security zone of at least 50 km wide from each other for the artillery systems of calibre of 100 and more, a security zone of 70 km wide for MLRS and 140 km wide for MLRS “Tornado-S”, Uragan, Smerch and Tactical Missile Systems (Tochka, Tochka U):
— for the Ukrainian troops: from the de facto line of contact;
— for the armed formations from certain areas of the Donetsk and Luhansk regions of Ukraine : from the line of contact according to the Minsk Memorandum of Sept. 19th, 2014;
The withdrawal of the heavy weapons as specified above is to start on day 2 of the ceasefire at the latest and be completed within 14 days.
The process shall be facilitated by the OSCE and supported by the Trilateral Contact Group.
3. Ensure effective monitoring and verification of the ceasefire regime and the withdrawal of heavy weapons by the OSCE from day 1 of the withdrawal, using all technical equipment necessary, including satellites, drones, radar equipment, etc.
4. Launch a dialogue, on day 1 of the withdrawal, on modalities of local elections in accordance with Ukrainian legislation and the Law of Ukraine “On interim local self-government order in certain areas of the Donetsk and Luhansk regions” as well as on the future regime of these areas based on this law.
Adopt promptly, by no later than 30 days after the date of signing of this document a Resolution of the Parliament of Ukraine specifying the area enjoying a special regime, under the Law of Ukraine “On interim self-government order in certain areas of the Donetsk and Luhansk regions”, based on the line of the Minsk Memorandum of September 19, 2014.
5. Ensure pardon and amnesty by enacting the law prohibiting the prosecution and punishment of persons in connection with the events that took place in certain areas of the Donetsk and Luhansk regions of Ukraine.
6. Ensure release and exchange of all hostages and unlawfully detained persons, based on the principle “all for all”. This process is to be finished on the day 5 after the withdrawal at the latest.
7. Ensure safe access, delivery, storage, and distribution of humanitarian assistance to those in need, on the basis of an international mechanism.
8. Definition of modalities of full resumption of socioeconomic ties, including social transfers such as pension payments and other payments (incomes and revenues, timely payments of all utility bills, reinstating taxation within the legal framework of Ukraine).
To this end, Ukraine shall reinstate control of the segment of its banking system in the conflict-affected areas and possibly an international mechanism to facilitate such transfers shall be established.
9. Reinstatement of full control of the state border by the government of Ukraine throughout the conflict area, starting on day 1 after the local elections and ending after the comprehensive political settlement (local elections in certain areas of the Donetsk and Luhansk regions on the basis of the Law of Ukraine and constitutional reform) to be finalized by the end of 2015, provided that paragraph 11 has been implemented in consultation with and upon agreement by representatives of certain areas of the Donetsk and Luhansk regions in the framework of the Trilateral Contact Group.
10. Withdrawal of all foreign armed formations, military equipment, as well as mercenaries from the territory of Ukraine under monitoring of the OSCE. Disarmament of all illegal groups.
11. Carrying out constitutional reform in Ukraine with a new constitution entering into force by the end of 2015 providing for decentralization as a key element (including a reference to the specificities of certain areas in the Donetsk and Luhansk regions, agreed with the representatives of these areas), as well as adopting permanent legislation on the special status of certain areas of the Donetsk and Luhansk regions in line with measures as set out in the footnote until the end of 2015. [Note]
12. Based on the Law of Ukraine “On interim local self-government order in certain areas of the Donetsk and Luhansk regions”, questions related to local elections will be discussed and agreed upon with representatives of certain areas of the Donetsk and Luhansk regions in the framework of the Trilateral Contact Group. Elections will be held in accordance with relevant OSCE standards and monitored by OSCE/ODIHR.
13. Intensify the work of the Trilateral Contact Group including through the establishment of working groups on the implementation of relevant aspects of the Minsk agreements. They will reflect the composition of the Trilateral Contact Group.
Note
Such measures are, according to the Law on the special order for local selfgovernment in certain areas of the Donetsk and Luhansk regions:
— Exemption from punishment, prosecution and discrimination for persons involved in the events that have taken place in certain areas of the Donetsk and Luhansk regions;
— Right to linguistic self-determination;
— Participation of organs of local self-government in the appointment of heads of public prosecution offices and courts in certain areas of the Donetsk and Luhansk regions;
— Possibility for central governmental authorities to initiate agreements with organs of local self-government regarding the economic, social and cultural development of certain areas of the Donetsk and Luhansk regions;
— State supports the social and economic development of certain areas of the Donetsk and Luhansk regions;
— Support by central government authorities of cross-border cooperation in certain areas of the Donetsk and Luhansk regions with districts of the Russian Federation;
— Creation of the people's police units by decision of local councils for the maintenance of public order in certain areas of the Donetsk and Luhansk regions;
— The powers of deputies of local councils and officials, elected at early elections, appointed by the Verkhovna Rada of Ukraine by this law, cannot be early terminated.
Participants of the Trilateral Contact Group:
Ambassador Heidi Tagliavini
Second President of Ukraine, L. D. Kuchma
Ambassador of the Russian Federation to Ukraine, M. Yu. Zurabov
A.W. Zakharchenko
I.W. Plotnitski

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ANNEX II
Declaration of the President of the Russian Federation, the President of Ukraine, the President of the French Republic and the Chancellor of the Federal Republic of Germany in support of the “Package of Measures for the Implementation of the Minsk Agreements”, adopted on 12 February 2015 in Minsk
The President of the Russian Federation, Vladimir Putin, the President of Ukraine, Petro Poroshenko, the President of the French Republic, François Hollande, and the Chancellor of the Federal Republic of Germany, Dr. Angela Merkel, reaffirm their full respect for the sovereignty and territorial integrity of Ukraine. They firmly believe that there is no alternative to an exclusively peaceful settlement. They are fully committed to undertake all possible individual and joint measures to this end.
Against this background, leaders endorse the Package of Measures for the Implementation of the Minsk Agreements adopted and signed on February 12, 2015 by all signatories who also signed Minsk Protocol of September 5, 2014 and Minsk Memorandum of September 19, 2014. Leaders will contribute to this process and will use their influence on relevant parties to facilitate the implementation of that Package of Measures.
Germany and France will provide technical expertise for the restoration of the segment of the banking system in the conflict affected areas, possibly through the establishment of an international mechanism to facilitate social transfers.
Leaders share the conviction that improved cooperation between the EU, Ukraine and Russia will be conducive to the crisis settlement. To this end, they endorse the continuation of trilateral talks between the EU, Ukraine and Russia on energy issues in order to achieve follow-up stages to the gas winter package.
They also support trilateral talks between the EU, Ukraine and Russia in order to achieve practical solutions to concerns raised by Russia with regards to the implementation of the Deep and Comprehensive Free Trade Agreement between Ukraine and the EU.
Leaders remain committed to the vision of a joint humanitarian and economic space from the Atlantic to the Pacific based upon full respect for international law and the OSCE principles.
Leaders will remain committed to the implementation of the Minsk Agreements. To this end, they agree to establish an oversight mechanism in the Normandy format which will convene at regular intervals, in principle on the level of senior officials from the foreign ministries.