Russia's expulsion: The Council of Europe as the guardian of European imperialism

Abstract

On 16 March 2022, Russia became the first state to be expelled from the Council of Europe (CoE). The reshaping of power dynamics between international law actors is providing a favourable space to international organizations to use membership as a strategic tool. In order to understand under what circumstances the CoE decides to end membership, the article elucidates the substantive and symbolic grounds of Russia's expulsion. Substantive grounds are defined as non-compliance with the membership criteria of the CoE and its founding principles as regulated in Article 3 of its Statute. Symbolic grounds are what motivates the CoE in its positioning within the international legal order as indicated in the preamble of its Statute. The analysis of the substantive grounds will reveal that the violation of the CoE Statute and the prohibition on the use of force because of the invasion of Ukraine are not enough to explain Russia's expulsion. This article argues that Russia's expulsion relies on symbolic grounds that allowed the CoE to preserve its position as the guardian of European imperialism. The clash of the two actors' irreconcilable imperial policies proved for the CoE that Russia would no longer be at the receiving end of its demands. The Ukraine invasion signals a breaking point, escalating the inter-imperial rivalry to a level where the CoE believes Russia will no longer submit itself to the European international legal order as shaped by the Western European founders of the Organization.