War in Ukraine and the Law of Chess
The case of Russian Chess Grandmaster Sergey Karjakin
The Federation Internationale Des Echecs (FIDE) is the world regulatory body for chess. Its motto is Gens Una Sumus (We are one family). The FIDE Charter aims to promote peace and harmony among all the peoples of the world and commits to respect and protection for international human rights.
The invasion of Ukraine precipitated a crisis at FIDE. The “family” is in conflict. Its president, Arkady Dvorkovich, is a former Russian deputy prime minister. Much of FIDE’s funding has historically come from Russian companies, some now facing international sanctions. Ukraine and Russia are two of the leading chess nations, and chess has a special place in both cultures. Of the world’s top 100 grandmasters, about 30 are Russian or Ukrainian.
Sergey Karjakin is a Russian international grandmaster. Currently he is in the world top 20. In 2016 he challenged the current World Champion, Norwegian Magnus Carlsen, for his title in New York, and narrowly lost.
Mr Karjakin has expressed support for the Russian invasion of Ukraine. In its decision dated 21 March 2022, the FIDE ethics and disciplinary commission (EDC) said Mr Karjakin had published a letter of support for President Putin. This allegedly accused the Ukrainian government of genocide and putting the security of Europe at risk. According to the EDC, Mr Karjakin had encouraged the military operation against Ukraine in the hope that this would lead to the “demilitarization and denazification of Ukraine”.
The EDC held that these comments, supporting Russian aggression, were contrary to the FIDE Charter and in breach of Article 2.2.10 of the FIDE Code of Ethics. Article 2.2.10 provides that disciplinary action can be taken “… in cases of occurrences which cause the game of chess, FIDE or its federations to appear in an unjustifiable unfavourable light and in this way damage its reputation”.
Mr Karjakin was banned from participating in any FIDE chess competitions for 6 months. He therefore lost any opportunity to become the next World Champion in 2023. For a professional chess player, these are significant sanctions.
The decision of the EDC highlighted difficult legal issues. It had to grapple with an alleged breach of an article written in very general terms. The EDC noted that there were no relevant precedent cases where the article had been interpreted by the EDC. It referred instead to decisions by the Court of Arbitration for Sport (CAS).
Other legal issues addressed included the limits of freedom of speech. The EDC referred to the Universal Declaration of Human Rights, and the European Convention on Human Rights, to support a conclusion that freedom of expression has justifiable limits. There had to be exceptions where members of the FIDE family used their fame and following to actively support purposes contrary to the FIDE Charter and human rights, with negative effects on chess. There was also a discussion confirming that potential, as opposed to actual, harm to FIDE’s reputation was insufficient, and a finding that Mr Karjakin’s comments had damaged the reputation of chess and/or FIDE. The legal discussion revealed the extent to which sports appeal tribunals are required to address sensitive issues of personal rights and obligations in a public law context.
As to sanctions, the EDC again referred to the lack of precedent and took account of factors such as the seriousness of the breach, the lack of any admission of guilt or remorse and the effect sanctions would have on a professional player. The committee could have gone further. The relevant procedural rules enable a fine of up to €50,000 and a ban of up to 15 years, or for life in exceptional cases.
Mr Karjakin has rights of appeal to both the EDC Appeal Chamber and CAS.
For the link to the EDC decision referred to in this blog, follow this link: FIDE Ethics imposes a 6-month ban on Karjakin
