The protection of nationals abroad: A return to old practice?

Abstract

The use of armed force by the Russian Federation in actions claimed as protection of Russian nationals outside Russian Federation territory, most recently in 2014 in the Crimea and Eastern Ukraine, and earlier in 2008 in South Ossetia and Abkhazia, once again brought the discussion around the doctrine of the protection of nationals abroad (PNA) to the foreground. This chapter will start with examining the early theories of PNA, in particular its legality and legitimacy, followed by the current discussion of the different elements that play an important role in the debate, such as the relation of PNA with diplomatic protection, whether the right to exercise diplomatic protection includes the right to use force, and whether the protection of nationals in danger can be justified as self-defence. The chapter will also briefly discuss the impact of consent and UN Security Council mandates, and what the different grounds for, and the forms PNA can take, could mean in terms of state responsibility, both for the state taking action as well as for the states on whose territory the action is executed. The chapter concludes with the observation that the recent RF actions in the Crimea (and South Ossetia and Abkhazia) have not contributed to the clarification of the disputed issues surrounding the protection of nationals abroad.