A new “catch 22”: “Protective measures”, “preventive measures” and “sports sanctions” versus Russian athletes

Abstract

After the announcement of a Russian special military operation, the International Olympic Committee (IOC) on February 28, 2022 offered its Recommendations to the Olympic Movement (international sports federations and other global sports’ organizers) on the participation of subjects of Russian sports. The IOC recommended that Russian athletes should not be allowed to participate in international competitions unless Russian participants act as neutral athletes. Since that date, international sports federations have imposed and continue to impose multidirectional negative measures against Russian athletes. Despite the formally non-mandatory status of Recommendations, the federations have chosen Russian athletes’ suspension and not “neutral status”, with rare exceptions (and the nuances of the decisions): the International Judo Federation (IJF), the International Tennis Federation (ITF), the International Automobile Federation (FIA), the International Cycling Union (ICU). Unfortunately, suspensions of Russian athletes have become a “routine” practice of global sports in 2022. The speed of making suspension-decisions identical to the IOC Recommendations raised a well-founded question about the existence of legal grounds for suspensions in the regulation of international federations. This research is focused on the types and content of “measures” (“protective”, “preventive”, “sports sanctions”) against Russian athletes, including the IOC proposed “protective” doctrine. As a result, at least three main points were identified. First, the names “protective” and “preventive” are artificial, and all measures are identical in content. Second, at the time the measures were adopted, the statutes of the sports federations did not explicitly provide for either “protective measures” or “preventive measures”. Thirdly, the use of “sports sanctions” as “measures” is not based on the statutes and constitutions of international sports federations.