Упрощенная HTML-версия
Электронное приложение к журналу «
Международная жизнь
»
Author : A. Moiseev
Head of the Department of International Law, Diplomatic Academy, Ministry of Foreign Affairs of
the Russian Federation, Doctor of Laws (Australia), Doctor of Science (Law)
JUNE 25, 2014 brought the news that the International Committee of
the Red Cross (ICRC) had recognized militants in the southeast of
Ukraine as a "party to the conflict."
THE RECOGNITION of the intra-Ukrainian military conflict by the
ICRC opens the door to legally establishing the warring parties to the
conflict. Thus they become equally subject to international humanitarian
law, the Geneva Conventions and their Additional Protocols of 1949 re-
lating to non-international armed conflicts. Hence crimes against hu-
manity committed under the pretext of a supposed struggle of the
Armed Forces of Ukraine, as well as members of the National Guard
and Right Sector, against "terrorists and bandits" of the Southeast can-
not go unpunished.
UKRAINIAN SECURITY FORCES have been committing many war
crimes aimed at killing innocent civilians and have been intentionally using weapons, artillery, armor, and
aircraft, including equipment marked with the UN symbol. They continue purposefully destroying industry,
energy, telecommunications and transport infrastructure facilities, residential, social and cultural buildings
and structures, as well as hospitals, kindergartens, and schools. Actions against civilians taken by the Ukrain-
ian Armed Forces, together with Right Sector and National Guard members, force people to leave their
homes in the Southeast. Shelling in particular adds to mounting civilian toll. Peaceful dwellings and civilian
transport vehicles come under fire - even Red Cross-marked vehicles carrying women, children, old people,
wounded persons, and other civilians.
A particular target is journalists who objectively cover the tragedy in Ukraine and thus prevent the armed
criminals endowed with power from hiding their acts they daily commit in the territory of Ukraine.
The Investigative Committee recognizes the commission of crimes against the peace and security of
mankind as well as crimes against civilians by virtue of universal jurisdiction. It has begun collecting evidence
of the culpability of each of those implicated - "from a rank and file soldier of the National Guard to
those who give them orders to kill civilians."
INTERNATIONAL LAW recognizes and applies the rule of universal jurisdiction, being confirmed not
only in a number of international instruments, in the practice of the European Court of Human Rights,
but also in the domestic law of states, and their judicial practice relating to international crimes. For example,
Ukrainian legislation embodies this rule in Article 8 of the Criminal Code of Ukraine. Russian legislation
also has the universal jurisdiction rule established in Article 12, paragraph 3.
As to the possible consequences and forms of accountability for the crimes committed by members of
Ukraine's Armed Forces, National Guard and Right Sector, it is advisable, apart from criminal liability under
Russian law, to take all legal measures to stop the fighting and mete out just punishment to the criminals
including by condemnation within the framework of the UN Security Council, with the possible eventual
creation of a special international body, the tribunal for Ukraine, or something like that.
Liability of the Conflicting Parties in Ukraine