Russia’s Passportisation Strategy: Violating International Law in Occupied Territories

A recent report by the Conflict Observatory flushed light upon a grievous issue. It exposed that Russia has instituted a series of laws to speed up the application process for Russian citizenship, while harshly penalizing individuals who did not apply for citizenship in Russian-occupied territories of Ukraine. The report was made public on Wednesday and points toward a two-part strategy being employed by Russia, named “passportisation”.

The de jure aspect of “passportisation” comes into play as Russia has hastened the passport application process. Correspondingly, Russia has proclaimed that those who do not embrace Russian citizenship would get a designation as foreign citizens and stateless people, making them viable for deportation and detention. Contrastingly, de facto “passportisation” encompasses policies responsible for depriving civilians of their associated rights as citizens. This includes the right to basic needs, medical services, social benefits, and municipal services. Stateless individuals could also face employment restrictions, property seizures, and removal.

The observed application of “passportisation” by Russia is not without precedent. Russia has a history of implementing this strategy in occupied territories and then annexing them. The UN noticed Russia’s use of passportisation as a political and economic tool to annex the occupied Ukrainian region of Donbas. Forced passportisation in Ukrainians’ occupied territories has also been condemned by the US and Latvian representatives during a UN Security Council meeting. A UN report revealed similar annexation tactics by Russia in March.

Such forced passportisation practices violate well-established international humanitarian law principles. The Hague Convention (IV) explicitly mentions in its Article 45 that the occupying power cannot compel inhabitants of the occupied territory to pledge loyalty to the hostile force. Article 69 of the Additional Protocol I also guarantees that the occupier must ensure the provision of clothing, bedding, means of shelter, and other supplies crucial for the survival of the occupied territory’s civilians. International human rights treaties such as the International Convention on Economic, Social and Cultural Rights and Universal Declaration of Human Rights also recognize legal, national identity and the associated rights of a national identity.

The Conflict Observatory, which reported these findings, receives funding from the US Department of State and the European Democratic Resilience Initiative. The Observatory also maintains collaborations with several leading research partners like Esri and Yale University’s Humanitarian Research Lab.

For more details, see the full report here.