Sovietinė agresija prieš Lietuvą 1940 metais: nepagrįsti mėginimai ją pateisinti tarptautinės teisės požiūriu.
MetadataShow full item record
The article deals with the most important international legal issues concerning the assessment of the 1940 Soviet aggression against Lithuania. The author exams and evaluates from the standpoint of international law the attempts to justify the Soviet acts which from time to time occur in Russian legal literature and statements of Russian officials. These attempts were concentrated in the 6 July 2000 official statement of the Ministry of Foreign Affairs of the Russian Federation concerning the beginning of deliberations by the Seimas of the Republic of Lithuania of the draft Law on Compensation of the Damage Resulting from the Soviet Occupation. In the article the main attention is given to the claim that international law of that time did not prohibit the acts had been committed against Lithuania because, allegedly, the already emerged prohibition of aggressive war had not yet included the prohibition to threat by force. According to that position, this principle established by the 1928 Paris Treaty on the Renunciation of a War as a Means of National Policy (the Briand-Kellogg Pact) should be interpreted in its most narrow meaning as including only the direct use of military force by one state against another. The author also exams the related claim that, allegedly, Lithuania’s consent with the incursion of Soviet troops could legalise the coercive actions taken by the Soviet Union against Lithuania. The author raises strong arguments against and manifestly proves that such a way of legal interpretation is absolutely ungrounded. For instance, the author exams the norms of international law of that time and the relevant provisions of modern international law. The 1933 London Convention on the Definition of Aggression, as well as the bilateral Convention of the same content which was concluded in 1933 between Lithuania and the USSR, specifically pointed out that the definition of aggression had been elaborated in order to develop the principle of the prohibition of aggressive war (in the preamble of both treaties it was stressed that the Briand-Kellogg Pact prohibits any kind of aggression). Among the acts of aggression enumerated in Art.2 of the Lithuanian-Soviet treaty we can find the incursion of the armed forces into the territory of another State without a declaration of war. That is exactly the act committed by the USSR on 15 June 1940 ...
- Straipsniai / Articles