NATO-Russia relations: the facts
Since Russia began its illegal military intervention in Ukraine, Russian officials have accused NATO of a series of mythical provocations, threats and hostile actions stretching back over 25 years. This webpage sets out the facts.
- NATO enlargement
- Claim: NATO's Open Door policy creates new dividing lines in Europe and deepens existing ones
- Claim: NATO invitation to Montenegro to start accession talks meets opposition in the country and is destabilizing
- Claim: NATO enlargement in the Balkans is destabilizing
- Claim: NATO tried to "drag" Ukraine into the Alliance
- Claim: Russia has the right to demand a "100% guarantee" that Ukraine will not join NATO
- Claim: NATO provoked the "Maidan" protests in Ukraine
- Claim: NATO was planning to base ships and missiles in Crimea
- Claim: NATO intends to set up a military base in Georgia
- Claim: NATO has bases all around the world
- NATO and its attitude to Russia
- Claim: NATO is trying to encircle Russia
- Claim: NATO has a Cold War mentality
- Claim: NATO is a U.S. geopolitical project
- Claim: NATO's purpose is to contain or weaken Russia
- Claim: NATO has tried to isolate or marginalise Russia
- Claim: NATO should have been disbanded at the end of the Cold War
- Claim: NATO enlargement followed the same process as the expansion of the USSR and the Warsaw Pact
- NATO as a "threat"
- Promises and pledges
- Claim: Russia has the right to oppose NATO-supported infrastructure on the territory of member states in Central and Eastern Europe
- Claim: NATO's response to Russia's illegal actions in Ukraine violates the Founding Act
- Claim: NATO nuclear arrangements violate the Non-Proliferation Treaty
- Claim: NATO nuclear exercises violate the Non-Proliferation Treaty
- Claim: NATO leaders promised at the time of German reunification that the Alliance would not expand to the East
- NATO's operations
- Claim: NATO's operation in Afghanistan was a failure
- Claim: The NATO-led mission in Afghanistan failed to stop the Afghan drugs trade
- Claim: NATO's operation over Libya was illegitimate
- Claim: NATO's operation over Kosovo was illegitimate
- Claim: The cases of Kosovo and Crimea are identical
- Claim: Russia's annexation of Crimea was justified by the opinion of the International Court of Justice on the independence of Kosovo
- Claim: The Ukrainian authorities are illegitimate
Fact: NATO's Open Door policy has helped close Cold War-era divisions in Europe. NATO enlargement has contributed to spreading democracy, security and stability further across Europe.
By choosing to adopt the standards and principles of NATO, aspirant countries gave their democracies the strongest possible anchor. And by taking the pledge to defend NATO, they received the pledge that NATO would protect them.
NATO membership is not imposed on countries. Each sovereign country has the right to choose for itself whether it joins any treaty or alliance.
This fundamental principle is enshrined in international agreements including the Helsinki Final Act which says that every state has the right "to belong or not to belong to international organizations, to be or not to be a party to bilateral or multilateral treaties including the right to be or not to be a party to treaties of alliance." And by signing the NATO-Russia Founding Act, Russia agreed to respect states' "inherent right to choose the means to ensure their own security."
Over the past 65 years, 28 countries have chosen freely, and in accordance with their domestic democratic processes, to join NATO. Not one has asked to leave. This is their sovereign choice. Article 13 of the Washington Treaty specifically gives Allies the right to leave should they wish to.
Fact: In December 2015 NATO Foreign Ministers invited Montenegro to begin accession talks to join the Alliance. This was a historic achievement, which will strengthen the security of Montenegro, the Western Balkans, and NATO.
Nobody forces a nation to join NATO. Membership is a national decision and free choice for sovereign countries. Candidate countries need to apply. And as always, all NATO members need to agree to it.
The question of NATO membership is an issue for Montenegro and for Montenegrins themselves. This principle also applies to national (country-specific) procedures for approving accession decisions. It is not a party political issue. It is a question of national interest.
Each country has a sovereign right to choose its own security arrangements. No third country has a right to interfere on the issue of NATO membership.
To join the Alliance nations are expected to respect the values of NATO and to meet demanding political, economic and military criteria.
Countries which joined the Alliance have been able to strengthen their democracy, boost their security and make their citizens safer. Enlargement has fostered stability and security in Europe and it has brought closer a Europe that is whole, free and at peace.
Fact: All the countries of Central and Eastern Europe which have joined NATO over the past decade have enjoyed peace, security and cooperation with their neighbours since then.
The countries in the region which aspire to membership are conducting reforms to bring themselves closer to NATO standards. These reforms enhance democracy and security in each country.
The countries in the region have played a significant role in NATO's operations in Afghanistan and Kosovo, providing training to the Afghan forces and helping to provide a safe and secure environment for all people in Kosovo. This is a direct contribution to stability in the broader Euro-Atlantic area.
Fact: When the administrations of President Kuchma and President Yushchenko made clear their aspiration to NATO membership, the Alliance worked with them to encourage the reforms which would be needed to make that aspiration a reality.
When the administration of President Yanukovych opted for a non-bloc status, NATO respected that decision and continued to work with Ukraine on reforms, at the government's request.
NATO respects the right of every country to choose its own security arrangements. In fact, Article 13 of the Washington Treaty specifically gives Allies the right to leave.
Over the past 65 years, 28 countries have chosen freely, and in accordance with their domestic democratic processes, to join NATO. Not one has asked to leave. This is their sovereign choice.
Fact: According to Article I of the Helsinki Final Act (here) which established the Organisation for Security and Cooperation in Europe (OSCE) in 1975, every country has the right "to belong or not to belong to international organizations, to be or not to be a party to bilateral or multilateral treaties including the right to be or not to be a party to treaties of alliance." All the OSCE member states, including Russia, have sworn to uphold those principles.
In line with those principles, Ukraine has the right to choose for itself whether it joins any treaty of alliance, including NATO's founding treaty.
Moreover, when Russia signed the Founding Act, it pledged to uphold "respect for sovereignty, independence and territorial integrity of all states and their inherent right to choose the means to ensure their own security".
Thus Ukraine has the right to choose its own alliances, and Russia has, by its own repeated agreement, no right to dictate that choice.
Fact: The demonstrations which began in Kiev in November 2013 were born out of Ukrainians' desire for a closer relationship with the European Union, and their frustration when former President Yanukovych halted progress toward that goal as a result of Russian pressure.
The protesters' demands included constitutional reform, a stronger role for the parliament, the formation of a government of national unity, an end to the pervasive and endemic corruption, early presidential elections and an end to violence. There was no mention of NATO.
Ukraine began discussing the idea of abandoning its non-bloc status in September 2014, six months after the illegal and illegitimate Russian "annexation" of Crimea and the start of Russia's aggressive actions in Eastern Ukraine. The final decision by Ukraine's Verkhovna Rada to abandon the non bloc status was taken in December 2014, over a year after the pro-EU demonstrations began.
Fact: This is fiction. The idea has never been proposed, suggested or discussed within NATO.
Fact: NATO agreed at the Wales Summit to offer Georgia a substantial package of assistance to strengthen Georgia's defence and interoperability capabilities with the Alliance. As agreed with Georgia, a training facility will be set up in Georgia to contribute to the training and interoperability of Georgian and Alliance personnel.
This is a training centre, not a military base.
This initiative will result in closer cooperation with Georgia's sovereign and internationally-recognised government, and improved training and democratic control for its armed forces. As such, it will contribute to stability by making Georgia's armed forces more professional, and by reinforcing the democratic controls over them.
Fact: NATO's military infrastructure outside the territory of Allies is limited to those areas in which the Alliance is conducting operations.
Thus the Alliance has military facilities in Afghanistan for the support of the Resolute Support mission, and in Kosovo for the KFOR mission.
NATO has civilian liaison offices in partner countries such as Georgia, Ukraine and Russia. These cannot be considered as "military bases".
Individual Allies have overseas bases on the basis of bilateral agreements and the principle of host-nation consent, in contrast with Russian bases on the territory of Moldova (Transnistria), Ukraine (the Autonomous Republic of Crimea) and Georgia (the regions of Abkhazia and South Ossetia).
Fact: This claim ignores the facts of geography. Russia's land border is just over 20,000 kilometres long. Of that, 1,215 kilometres, or less than one-sixteenth, face current NATO members.
Russia shares land borders with 14 countries (Norway, Finland, Estonia, Latvia, Lithuania, Poland, Belarus, Ukraine, Georgia, Azerbaijan, Kazakhstan, Mongolia, China, North Korea). Only five of them are NATO members.
Claims that NATO is building bases around Russia are similarly groundless. Outside the territory of NATO nations, NATO only maintains a significant military presence in three places: Kosovo, Afghanistan, and at sea off the Horn of Africa. All three operations are carried out under United Nations mandate, and thus carry the approval of Russia, along with all other Security Council members. Before Russia's aggressive actions in Ukraine began, Russia provided logistical support to the Afghan mission, and cooperated directly with the counter-piracy operation, showing clearly that Russia viewed them as a benefit, not a threat.
With respect to the permanent stationing of U.S. and other Allied forces on the territory of other Allies in Europe, NATO has full abided by the commitments made in the NATO-Russia Founding Act. There has been no permanent stationing of additional combat forces on the territory of other allies; and total force levels have, in fact, been substantially reduced since the end of the Cold War
NATO has partnership relationships with many countries in Europe and Asia, as can be seen from this interactive map. Such partnerships, which are requested by the partners in question, focus exclusively on issues agreed with them, such as disaster preparedness and relief, transparency, armed forces reform, and counter-terrorism. These partnerships cannot legitimately be considered a threat to Russia, or to any other country in the region, let alone an attempt at encirclement.
Fact: The Cold War ended over 20 years ago. It was characterized by the opposition of two ideological blocs, the presence of massive standing armies in Europe, and the military, political and economic domination by the Soviet Union of almost all its European neighbours.
The end of the Cold War was a victory for the people of Central and Eastern Europe and the former Soviet Union, and opened the way to overcoming the division of Europe. At pathbreaking Summit meetings in the years after the fall of the Berlin Wall, Russia played its part in building a new, inclusive European security architecture, including the Charter of Paris, the establishment of the OSCE, the creation of the Euro-Atlantic Partnership Council, and the NATO-Russia Founding Act.
Since the end of the Cold War, NATO has introduced sweeping changes to its membership and working practices – changes made clear by its adoption of new Strategic Concepts in 1999 and 2010. Accusations that NATO has retained its Cold War purpose ignore the reality of those changes.
Over the same period, NATO reached out to Russia with a series of partnership initiatives, culminating in the foundation of the NATO-Russia Council in 2002. No other country has such a privileged relationship with NATO.
As stated by NATO heads of state and government at the Wales Summit in September 2014, "the Alliance does not seek confrontation and poses no threat to Russia. But we cannot and will not compromise on the principles on which our Alliance and security in Europe and North America rest." (The Wales Summit Declaration can be read here).
This is NATO's official policy, defined and expressed transparently by its highest level of leadership. As an organisation which is accountable to its member nations, NATO is bound to implement this policy.
Fact: NATO was founded in 1949 by twelve sovereign nations: Belgium, Canada, Denmark, France, Iceland, Italy, Luxembourg, the Netherlands, Norway, Portugal, the United Kingdom and the United States. It has since grown to 28 Allies who each took an individual and sovereign decision to join this Alliance.
All decisions in NATO are taken by consensus, which means that a decision can only be taken if every single Ally accepts it.
Equally, the decision for any country to take part in NATO-led operations falls to that country alone, according to its own legal procedures. No member of the Alliance can decide on the deployment of any other Ally's forces.
Fact: NATO's purpose is set out in the preamble to the Washington Treaty, the Alliance's Founding document (online here ).
This states that Allies are determined "to safeguard the freedom, common heritage and civilisation of their peoples, founded on the principles of democracy, individual liberty and the rule of law. They seek to promote stability and well-being in the North Atlantic area. They are resolved to unite their efforts for collective defence and for the preservation of peace and security."
In line with those goals, in the past two decades NATO has led missions in the Balkans, Afghanistan, over Libya and off the Horn of Africa. The Alliance has conducted exercises from the Mediterranean to the North Atlantic and across Europe, and on issues ranging from counter-terrorism to submarine rescue - including with Russia itself.
None of these activities can credibly be presented as directed against Russia.
Fact: Since the early 1990s, the Alliance has consistently worked to build a cooperative relationship with Russia on areas of mutual interest.
NATO began reaching out, offering dialogue in place of confrontation, at the London NATO Summit of July 1990 (declaration here). In the following years, the Alliance promoted dialogue and cooperation by creating new fora, the Partnership for Peace (PfP) and the Euro-Atlantic Partnership Council (EAPC), open to the whole of Europe, including Russia (PfP founding documents here and here).
After the conclusion of the Dayton Accords in 1995, Russian forces participated in the NATO-led operations to implement the peace agreement (IFOR and SFOR) and in the NATO-led operation to implement the peace in Kosovo (KFOR), under UN Security Council mandates.
In 1997 NATO and Russia signed the Founding Act on Mutual Relations, Cooperation and Security, creating the NATO-Russia Permanent Joint Council. In 2002 they upgraded that relationship, creating the NATO-Russia Council (NRC). They reaffirmed their commitment to the Founding Act at NATO-Russia summits in Rome in 2002 and in Lisbon in 2010 (The Founding Act can be read here, the Rome Declaration which established the NRC here, the Lisbon NRC Summit Declaration here.)
Since the foundation of the NRC, NATO and Russia have worked together on issues ranging from counter-narcotics and counter-terrorism to submarine rescue and civil emergency planning. We set out to build a unique relationship with Russia, one built not just on mutual interests but also on cooperation and the shared objective for a Europe whole free and at peace. No other partner has been offered a comparable relationship, nor a similar comprehensive institutional framework.
Fact: At the London Summit in 1990, Allied heads of state and government agreed that ""We need to keep standing together, to extend the long peace we have enjoyed these past four decades". This was their sovereign choice and was fully in line with their right to collective defence under the United Nations Charter.
Since then, twelve more countries have chosen to join NATO. The Alliance has taken on new missions and adapted to new challenges, all the while sticking to its fundamental principles of security, collective defence, and decision-making by consensus.
Twice since the end of the Cold War, NATO has adopted new Strategic Concepts (in 1999 and 2010), adapting to new realities. Thus, rather than being disbanded, NATO adapted, and continues to change, to live up to the needs and expectations of Allies, and to promote their shared vision of a Europe whole, free and at peace.
Fact: Any comparison between NATO enlargement after the end of the Cold War and the creation of the Warsaw Pact or the Soviet bloc at the end of World War II is an utter distortion of history.
The incorporation of the countries of Central and Eastern Europe into the Soviet Union and the Warsaw Pact after the Second World War was carried out under conditions of military occupation, one-party dictatorship and the violent suppression of dissent.
When the countries of Central and Eastern Europe applied for NATO membership after the dissolution of the Warsaw Pact, it was of their own free choice, through their own national democratic processes, and after conducting the required reforms.
This was done through debate, in peacetime conditions, and in a transparent way.
Fact: NATO has reached out to Russia consistently, transparently and publicly over the past 25 years.
The Alliance has created unique cooperation bodies – the Permanent Joint Council and the NATO-Russia Council – to embody its relationship with Russia. It has invited Russia to cooperate on missile defence, an invitation extended to no other partner.
In the Founding Act on Mutual Relations, Cooperation and Security, agreed with Russia in 1997 and reaffirmed at NATO-Russia summits in Rome in 2002 and in Lisbon in 2010, NATO stated that "in the current and foreseeable security environment, the Alliance will carry out its collective defence and other missions by ensuring the necessary interoperability, integration, and capability for reinforcement rather than by additional permanent stationing of substantial combat forces". The Alliance has fulfilled all such commitments.
NATO's official policy towards Russia was most recently articulated by the heads of state and government of the Alliance at the Wales Summit in September 2014.
They stated that "the Alliance does not seek confrontation and poses no threat to Russia. But we cannot and will not compromise on the principles on which our Alliance and security in Europe and North America rest." (The Wales Summit Declaration can be read here).
Thus, neither the Alliance's policies nor its actions are a threat to Russia.
Fact: NATO's missile defence system is not designed or directed against Russia. It does not pose a threat to Russia's strategic deterrent.
As already explained by NATO Deputy Secretary General Alexander Vershbow, geography and physics make it impossible for the NATO system to shoot down Russian intercontinental missiles from NATO sites in Romania or Poland. Their capabilities are too limited, their planned numbers too few, and their locations too far south or too close to Russia to do so.
Russian officials have confirmed that the planned NATO shield will not, in fact, undermine Russia's deterrent. Deputy Prime Minister Dmitry Rogozin, Russia's missile defence envoy, said on January 26, 2015, that "neither the current, nor even the projected" missile defence system "could stop or cast doubt on Russia's strategic missile potential."
Finally, the Russian claim that the framework agreement on Iran's nuclear programme obviates the need for NATO missile defence is wrong on two counts.
The Iranian agreement does not cover the proliferation of ballistic-missile technology which is an issue completely different from nuclear questions.
Furthermore, NATO has repeatedly made clear that missile defence is not about any one country, but about the threat posed by proliferation more generally. In fact, over 30 countries have obtained, or are trying to obtain, ballistic missile technology. The Iran framework agreement does not change those facts.
Fact: Every country which joins NATO undertakes to uphold the principles and policies of the Alliance, and the commitments which NATO has already made.
This includes the commitment that NATO poses no threat to Russia, as most recently stated at the Wales Summit.
Therefore, as the number of countries which join NATO grows, so does the number of countries which agree that "the Alliance does not seek confrontation and poses no threat to Russia."
Fact: Every nation has the right to conduct exercises, as long as they do so within their international obligations, including notifying the actual numbers and providing observation opportunities when required.
In order to promote mutual trust and transparency, OSCE members are bound by the Vienna Document to inform one another in advance of exercises which include more than 9,000 troops, unless the exercises are snap tests of readiness.
NATO and Allies have consistently stood by the terms and the spirit of the Vienna Document. Those exercises which crossed the notification threshold were announced well in advance. This is why Russia could send observers to the UK-led Exercise Joint Warrior in April 2015.
Russia, on the other hand, has repeatedly called snap exercises including tens of thousands of troops, with some of them taking place close to NATO territory. This practice of calling massive exercises without warning is a breach of the spirit of the Vienna Document, raising tension and undermining trust. This is especially the case because Russia's military takeover of Crimea was masked by exactly such a snap exercise.
It is therefore Russia's exercises, not NATO's, which are a threat to stability.
Fact: The relationship between NATO and Russia is governed by the Founding Act on Mutual Relations, Cooperation and Security, agreed by NATO Allies and Russia in 1997 and reaffirmed at NATO-Russia summits in Rome in 2002, and in Lisbon in 2010. (The Founding Act can be read here.)
In the Founding Act, the two sides agreed that: "in the current and foreseeable security environment, the Alliance will carry out its collective defence and other missions by ensuring the necessary interoperability, integration, and capability for reinforcement rather than by additional permanent stationing of substantial combat forces. Accordingly, it will have to rely on adequate infrastructure commensurate with the above tasks. In this context, reinforcement may take place, when necessary, in the event of defence against a threat of aggression and missions in support of peace consistent with the United Nations Charter and the OSCE governing principles, as well as for exercises consistent with the adapted CFE Treaty, the provisions of the Vienna Document 1994 and mutually agreed transparency measures. Russia will exercise similar restraint in its conventional force deployments in Europe."
Therefore, both infrastructure and reinforcements are explicitly permitted by the Founding Act and therefore by Russia.
Fact: NATO has responded to the new strategic reality caused by Russia's illegitimate and illegal actions in Ukraine by reinforcing the defence of Allies in Central and Eastern Europe, and by ensuring the ability to increase those reinforcements if necessary, including by upgrading infrastructure.
All this is consistent with the Founding Act, quoted above.
In the Founding Act, all signatories, including Russia, agreed on principles which include "refraining from the threat or use of force against each other as well as against any other state, its sovereignty, territorial integrity or political independence in any manner inconsistent with the United Nations Charter and with the Declaration of Principles Guiding Relations Between Participating States contained in the Helsinki Final Act" and the "respect for sovereignty, independence and territorial integrity of all states and their inherent right to choose the means to ensure their own security, the inviolability of borders and peoples' right of self-determination as enshrined in the Helsinki Final Act and other OSCE documents."
NATO has respected those commitments faithfully. Russia, on the other hand, has declared the annexation of Crimea, supported violent separatists in the east of the country, and insisted that Ukraine be barred from joining NATO.
Fact: The Non-Proliferation Treaty (NPT) is the foundation for the pursuit of nuclear disarmament. At the Wales Summit in September 2014, all Allies reaffirmed their full support for the treaty.
The deployment of American nuclear weapons on the territories of NATO allies is fully consistent with the NPT. These weapons remain under the custody and control of the United States at all times.
Furthermore, NATO's nuclear arrangements are older than the NPT, and this issue was fully addressed when the treaty was negotiated. The arrangements were made clear to delegations and were made public.
Fact: At the Wales Summit in September 2014, Allies reaffirmed their full support for the Non-Proliferation Treaty (NPT). NATO's nuclear posture is fully consistent with the treaty.
At no point has NATO moved nuclear weapons to Eastern Europe. There have been no NATO nuclear exercises in the eastern part of the Alliance since the end of the Cold War.
It is Russia that has started to use its nuclear weapons as a tool in its strategy of intimidation. Russia has increased nuclear rhetoric and stepped up its nuclear exercises. Russian nuclear-capable bombers are flying close to Alliance borders. Russia has also threatened to base nuclear-capable missiles in Kaliningrad and Crimea.
This activity and this rhetoric do not contribute to transparency and predictability, particularly in the context of a changed security environment due to Russia's aggressive actions in Ukraine.
Fact: No such promise was ever made, and Russia has never produced any evidence to back up its claim.
Every formal decision which NATO takes is adopted by consensus and recorded in writing. There is no written record of any such decision having been taken by the Alliance: therefore, no such promise can have been made.
Moreover, at the time of the alleged promise, the Warsaw Pact still existed. Its members did not agree on its dissolution until 1991. Therefore, it is not plausible to suggest that the idea of their accession to NATO was on the agenda in 1989.
This was confirmed by former Soviet President Mikhail Gorbachev himself. This is what Mr Gorbachev said on 15 October 2014 in an interview with Rossiiskaya Gazeta and Russia Beyond The Headlines:
"The topic of 'NATO expansion' was not discussed at all, and it wasn't brought up in those years. I say this with full responsibility. Not a single Eastern European country raised the issue, not even after the Warsaw Pact ceased to exist in 1991. Western leaders didn't bring it up, either."
Fact: NATO took over the command of the UN-mandated International Security Assistance Force in Afghanistan in 2003.
Under NATO's command, the mission progressively extended throughout Afghanistan, was joined by 22 non-NATO countries and built up from scratch an Afghan National Security Force of more than 350,000 soldiers and police.
Threats to Afghanistan's security continue. However, the Afghan forces are now ready to take full responsibility for security across the country, as agreed with the Afghan authorities.
NATO is providing training, advice and assistance to the Afghan forces through the "Resolute Support" mission.
Fact: As with any sovereign country, the primary responsibility for upholding law and order in Afghanistan, including as regards the trade in narcotics, rests with the Afghan government.
The international community is supporting the Afghan government to live up to this responsibility in many ways, including both through the United Nations and through the European Union.
NATO is not a main actor in this area. This role has been agreed with the international community.
The NATO-led operation was launched under the authority of two UN Security Council Resolutions (UNSCR), 1970 and 1973, both quoting Chapter VII of the UN Charter, and neither of which was opposed by Russia.
UNSCR 1973 authorized the international community "to take all necessary measures" to "protect civilians and civilian populated areas under threat of attack". This is what NATO did, with the political and military support of regional states and members of the Arab League.
After the conflict, NATO cooperated with the UN International Commission of Inquiry on Libya, which found no breach of UNSCR 1973 or international law, concluding instead that "NATO conducted a highly precise campaign with a demonstrable determination to avoid civilian casualties."
Fact: The NATO operation for Kosovo followed over a year of intense efforts by the UN and the Contact Group, of which Russia was a member, to bring about a peaceful solution. The UN Security Council on several occasions branded the ethnic cleansing in Kosovo and the mounting number of refugees driven from their homes as a threat to international peace and security. NATO's Operation Allied Force was launched to prevent the large-scale and sustained violations of human rights and the killing of civilians.
Following the air campaign, the subsequent NATO-led peacekeeping operation, KFOR, which initially included Russia, has been under UN mandate (UNSCR 1244), with the aim of providing a safe and secure environment in Kosovo.
Fact: The Kosovo operation was conducted following exhaustive discussion involving the whole international community dealing with a long-running crisis that was recognized by the UN Security Council as a threat to international peace and security.
Following the operation, the international community engaged in nearly ten years of diplomacy, under UN authority, to find a political solution and to settle Kosovo's final status, as prescribed by UNSCR 1244.
In Crimea, there was no pre-existing crisis, no attempt to discuss the situation with the Ukrainian government, no involvement of the United Nations, and no attempt at a negotiated solution.
In Kosovo, international attempts to find a solution took over 3,000 days. In Crimea, Russia annexed part of Ukraine's territory in less than 30 days. It has sought to justify its illegal and illegitimate annexation, in part, by pointing to a "referendum" that was inconsistent with Ukrainian law, held under conditions of illegal armed occupation with no freedom of expression or media access for the opposition, and without any credible international monitoring.
Fact: The court stated that their opinion was not a precedent. The court said they had been given a "narrow and specific" question about Kosovo's independence which would not cover the broader legal consequences of that decision.
Fact: Ukraine's President Poroshenko was elected on 25 May with a clear majority in a vote which the OSCE characterized (report here) as showing the "clear resolve of the authorities to hold what was a genuine election largely in line with international commitments and with a respect for fundamental freedoms." The only areas where serious restrictions were reported were those controlled by separatists, who undertook "increasing attempts to derail the process."
The current parliament was elected on 26 October in a vote which the OSCE characterized (report here) as "an amply contested election that offered voters real choice, and a general respect for fundamental freedoms". It again pointed out that "Electoral authorities made resolute efforts to organize elections throughout the country, but they could not be held in parts of the regions (oblasts) of Donetsk and Luhansk or on the Crimean peninsula".
Finally, Russian officials continue to allege that the Ukrainian parliament and government are dominated by "Nazis" and "fascists." However, in the parliamentary elections, the parties whom Russia labelled as "fascists" fell far short of the threshold of 5% needed to enter parliament. Ukraine's electorate clearly voted for unity and moderation, not separatism or extremism, and the composition of the parliament reflects that.
In short, the President and parliament are legitimate, the actions of the separatists were not.