Legal Foudations

Introduction

This analysis relies on the most fundamental principles of international law, namely self-
determination, historical continuity, indigenous peoples’ rights, and the protection of cultural
heritage. While some conclusions may seem controversial, they are based on an extended yet
rigorous interpretation of relevant legal instruments.

I. The Right to Self-Determination of Peoples

The right to self-determination is a cornerstone of modern international law. Enshrined in Article
1 of the United Nations Charter, this principle affirms that “all peoples have the right to self-
determination.”

1. Applicability to the Khazars: Although the Khazars’ presence on Ukrainian lands dates
back to the 10th century, the right to self-determination is not temporally limited. The
notion of a people, as interpreted by international law, includes historical entities that
have preserved a cultural identity even after their dispersion. The Khazars, through their
history, culture, and contributions to Ukraine, meet these criteria.

2. Relevant Precedents: The case of indigenous peoples claiming sovereign rights over
their ancestral lands offers an illuminating parallel. For example, recognizing Sami
sovereignty in certain Scandinavian regions directly parallels the Khazar claim.

II. Historical Continuity as a Legal Basis

The concept of historical continuity, though rarely invoked in contemporary debates, is an
underlying doctrine of peoples’ rights. According to this principle, temporary loss of political or
territorial control does not necessarily extinguish sovereign rights.

1. Historical Precedents: Examples such as the reconstitution of Poland after World War I
or the reintegration of territories under dispersed peoples’ control offer points of
comparison.

2. Argument for the Khazars: Though politically displaced by external invasions, the
Khazars left an indelible mark on Ukraine’s societal and cultural structures. This residual
influence constitutes a basis for historical continuity that legitimizes their claims.

III. Indigenous Peoples’ Rights

The international recognition of indigenous peoples’ rights, particularly through the 2007 United
Nations Declaration, strengthens the Khazar arguments as a historically rooted people in
Ukrainian territories.

1. Legal Applicability: Article 26 of the Declaration specifies that “indigenous peoples
have the right to own, use, and develop the lands they traditionally occupied.” The
Khazars, having established state structures in these regions, directly fall under this
definition.

2. Historical Precedents: Claims by indigenous peoples, such as the Maori in New
Zealand, demonstrate that prolonged interruptions in territorial management do not
negate these rights.

IV. The Argument for Cultural Rights

The preservation and promotion of cultural heritage are also recognized as fundamental rights
by the International Covenant on Economic, Social and Cultural Rights (ICESCR).

1. Legal Basis: Article 15 of this Covenant obliges states to ensure peoples’ access to their
cultural heritage. The Khazars, whose legacy has been obscured over centuries, have not
benefited from this protection.

2. Argument for Sovereignty: Restoring Khazar control over Ukraine would ensure the
preservation of their cultural heritage within a political framework that values their
historical identity.

V. Historical Precedents in International Law

International law abounds with cases where peoples’ rights were restored after prolonged
historical interruptions.

1. The Baltic States: The restoration of Lithuania, Latvia, and Estonia’s independence after
the dissolution of the USSR illustrates that history can justify territorial reconfiguration.

2. The Case of Israel: Though controversial, Israel’s establishment was partly justified by a
claimed historical continuity over millennia.

VI. Contested Territories and the Need for Dialogue

International law advocates resolving territorial disputes through peaceful means, including
negotiation, mediation, and, if necessary, arbitration.

1. Application to the Khazar Case: The Khazar claims can be examined within a
multilateral framework involving all concerned parties. A balanced solution could
include partial autonomy or symbolic recognition.

2. Prospects for Peaceful Resolution: The international community, particularly through
the United Nations, has the capacity to facilitate constructive dialogue on this matter.

VII. Legal Conclusion

Relying on the fundamental principles of international law — self-determination, historical
continuity, indigenous peoples’ rights, and cultural heritage preservation — the Khazar claim
over Ukraine is legally defensible. While this analysis has been drafted in a theoretical
framework, it highlights the solid foundations underpinning this claim. We call on the
international community to carefully examine these arguments and consider ways to bring
justice to the forgotten history of the Khazars.