Main Provisions of the Treaty on Ukraine's Security Guarantees (Istanbul Communiqué) (2022)
Main Provisions of the Treaty on Ukraine's Security Guarantees (Istanbul Communiqué) (2022)

Main Provisions of the Treaty on Ukraine's Security Guarantees (Istanbul Communiqué) (2022)

The proposed agreement that was discussed at in-person talks in Istanbul, as summarized by Ukrainian negotiators.
3 min Word Count: 625

COMMUNIQUE

following consultations on March 28-30, 2022

Main Provisions of the Treaty on Ukraine’s Security Guarantees

The agreement assumes:

  1. The declaration of Ukraine as a permanently neutral state under international legal guarantees in order to implement a non-aligned and nuclear-free status.

  2. Possible guarantor states: Great Britain, China, Russia, the United States, France, Turkey, Germany, Canada, Italy, Poland, Israel. The free accession of other states to the treaty is proposed, in particular the Russian Federation proposes Belarus.

  3. International security guarantees for Ukraine under the agreement do not apply to Crimea, Sevastopol and certain areas of Donetsk and Luhansk Oblasts. (The agreement will include an interpretation of how we understand the borders of the certain areas of Donetsk and Luhansk Oblasts and how the Russian Federation understands them separately).

  4. Ukraine does not join any military alliances, does not deploy foreign military bases and contingents, and conducts international military exercises only with the consent of the guarantor states. For their part, the guarantor states confirm their intention to promote Ukraine’s membership in the European Union.

  5. The guarantor states and Ukraine agree that in the event of aggression, any armed attack on Ukraine or any military operation against Ukraine, each of the Guarantor States, after urgent and immediate consultations between them (which shall be held within no more than three days), in the exercise of the right to individual or collective self-defense recognized by Article 51 of the Charter of the United Nations, will provide (in response to and on the basis of an official request from Ukraine) assistance to Ukraine, as a permanently neutral state under attack, by immediately taking such individual or joint action as may be necessary, including closing airspace over Ukraine, providing necessary weapons, using armed force in order to restore and subsequently maintain the security of Ukraine as a permanently neutral state.

    Any such armed attack (any military operation) and all measures taken as a result thereof shall be immediately reported to the Security Council. Such measures shall cease when the Security Council takes the measures necessary to restore and maintain international peace and security.

    The mechanism for implementing security guarantees for Ukraine, based on the results of additional consultations between Ukraine and the Guarantor States, will be regulated in the Treaty, taking into account protection from possible provocations.

  6. The Treaty shall be provisionally applied from the date of its execution by Ukraine and all (option: the majority of) the Guarantor States.

  7. The Treaty shall enter into force after the approval of the status of Ukraine as a permanently neutral state in the course of an all-Ukrainian referendum and the introduction of appropriate amendmentsto the Constitution of Ukraine and ratification in the parliaments of Ukraine and the Guarantor States.

  8. The agreement proposes to stipulate the desire of the parties to resolve issues related to Crimea and Sevastopol through bilateral negotiations between Ukraine and the Russian Federation within 10 (option - 15) years.

  9. It is also proposed to stipulate that Ukraine and the Russian Federation will not resolve the issues of Crimea and Sevastopol by military means, but will continue political and diplomatic efforts to resolve this issue.

  10. The parties will continue consultations (with the involvement of other guarantor states) to prepare and agree on the provisions of the Treaty on Security Guarantees for Ukraine, modalities for a ceasefire, withdrawal of troops and other paramilitary forces, opening and ensuring the safe functioning of humanitarian corridors on an ongoing basis, as well as the exchange of bodies of the deceased and the release of prisoners of war and interned civilians.

  11. The parties consider it possible to hold a meeting on … … 2022 between the presidents of Ukraine and Russia with the aim of signing an agreement and/or making political decisions regarding the remaining unresolved issues.