The Legal Barriers to Trump’s Ukraine Peace Plan: A Focus on Crimea

April 22, 2025

Washington D.C. — This analysis examines the often-overlooked legal obstacles to Trump’s proposed Ukraine peace plan, revealing how a resolution from his own previous administration now complicates his diplomatic ambitions..

Trump’s 24-Hour Promise Faces Constitutional and Legal Hurdles

The hidden legal trap in Trump’s 24-hour Ukraine promise

President Donald Trump has repeatedly claimed he could end the Russia-Ukraine conflict “within 24 hours” if elected. Recent reports from Bloomberg suggest his plan includes potential U.S. recognition of Crimea as Russian territory. However, this approach faces significant legal obstacles on both Ukrainian and American sides that have received little attention in mainstream coverage.

Ukrainian Constitutional Requirements

For any Ukrainian president to legally cede Crimea or alter the country’s territorial integrity, several constitutional procedures must be followed, according to Ukrainian legal experts. These include a nationwide referendum that would need to include voters from occupied territories, constitutional majority approval in parliament through two separate readings, and validation by Ukraine’s Constitutional Court.

“This process would realistically take at least a year to complete,” says  Zera Mustafaieva, an international human right expert at Crimean Tatar Foundation USA. “And given public sentiment, the outcome would almost certainly reject any territorial concessions.”

The Yanukovych Precedent

The case of former Ukrainian President Viktor Yanukovych illustrates the legal risks for any Ukrainian leader considering territorial concessions. While Yanukovych’s 2019 treason conviction is often associated with the Maidan protests, court documents reveal a significant focus on his inaction regarding Crimea.

Ukrainian intelligence services had warned Yanukovych in December 2013 about Russian troop buildups in Crimea, recommending military exercises to potentially block Russian forces. Yanukovych’s failure to act on these intelligence reports formed a central component of the treason charges against him.

The Pompeo Resolution: America’s Legal Barrier

On the American side, Trump faces his own legal constraint: the Pompeo Resolution, enacted during his previous administration. Modeled after the 1940 Welles Declaration that refused to recognize Soviet annexation of the Baltic states, this resolution explicitly prohibits U.S. officials from recognizing Crimea as Russian territory.

The resolution, championed by then-Secretary of State Mike Pompeo, received bipartisan support in Congress. Any unilateral move by Trump to recognize Russian sovereignty over Crimea would directly contravene this law, potentially triggering constitutional challenges and grounds for impeachment proceedings.

Strategic Implications

This legal context helps explain the reported emphasis on securing Ukrainian agreement to territorial concessions. Without Ukrainian consent, Trump lacks the legal authority to deliver on recognition of Crimea as Russian territory.

Some foreign policy analysts suggest Trump’s interest in establishing territorial annexation precedents may extend beyond Ukraine. “Creating a precedent with Crimea could potentially open doors for territorial ambitions elsewhere,” notes Ruzhdy Hoffmaster of the Crimean Tatar Foundation USA, Inc.. “This includes regions where the U.S. already maintains significant military presence.”

The Path Forward

As peace negotiations evolve, these legal realities underscore the complexity of the situation beyond diplomatic statements. Any viable peace agreement will need to navigate both Ukrainian constitutional requirements and American legal constraints. Currently, Ukraine’s leadership maintains that territorial integrity remains non-negotiable, while the international community continues to uphold the principle of inviolability of borders. Whether Trump’s approach can overcome these legal obstacles remains one of the central questions on the current diplomatic agenda.