The American people have spoken: Donald Trump won the presidential election in a landslide, securing himself a second term in the White House that is due to begin on January 20th next year. The Republican nominee’s resounding victory comes with major implications for the war in Ukraine: Shortly after the election, the Wall Street Journal reported that a peace plan that would allow Russia to keep the Ukrainian territory it currently occupies was circulating within Trump’s transition team.
Regardless of its political feasibility, this plan raises important legal questions: Does international law allow aggressor states to walk away with territorial gains after starting a war? And would a peace agreement along these lines affect the obligations of third parties? By answering these and other questions, this post seeks to shed light on some aspects of the jus post bellum that might emerge in Ukraine under the incoming Trump administration.