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http://dx.doi.org/10.59704/1ac4e9c4f5e7f662 https://verfassungsblog.de/territorial-concessions-to-the-aggressor/ Territorial Concessions to the Aggressor - (In-)Validity of a Prospective Peace Treaty Between Russia and Ukraine? Herbert, Felix eng 2025-01-06 electronic resource text/html ddc:342 International Law Russian War against Ukraine Zwingendes Recht jus cogens Zwingendes Recht Verfassungsblog Verfassungsblog--2366-7044 CC BY-SA 4.0 How can Russia’s war of aggression against Ukraine be brought to an end? With recent proposals by the Trump transition team, a possible peace treaty with Ukraine and Russia is gaining renewed attention. Gregory Fox predicts that “territorial transfers […] would likely be at the heart of any agreement”. The rule on coerced treaties (Art. 52 VCLT) poses a major legal obstacle to territorial concessions to an aggressor state. Under that rule, a treaty is void if its conclusion has been procured by an unlawful threat or use of force. That notwithstanding, a treaty invalid under Art. 52 VCLT can be validated by the UN Security Council (UNSC), a solution that is also compatible with jus cogens.