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Kiev's War Crimes Are Not in Doubt. Why the Silence?

Despite widespread and undeniable evidence of war crimes and human rights abuses little is being done to hold Kiev to account
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This post first appeared on Russia Insider


The author contributed this comment to Russia Insider.  It originally appeared on her personal blog on Wednesday.

A day after winning the Nobel Peace Prize last Friday, Kailash Satyarthi, in an interview with RIA News, urged the Ukrainian government to protect Ukrainian citizens and especially children: “It is the responsibility of the Ukrainian government to save their citizens, particularly children. Safety of children will be their utmost priority. I will appeal to the Ukrainian government so as to ensure that such incidents against children will not occur in future.”

<figcaption>The author, a native of East Ukraine, is a well-known British actress, best known for playing "Elena" on Channel 4's (UK) "Peep Show."</figcaption>
The author, a native of East Ukraine, is a well-known British actress, best known for playing "Elena" on Channel 4's (UK) "Peep Show."

According to the recent UN report as many as 3,660 people have been killed and over 8,756 have been wounded in Donbass since Kiev launched its military operation in April. Even though a ceasefire was announced on September 5th, more than 330 people have died since, including 20 children. UNICEF stated that at least 35 children have been killed in the Ukrainian conflict and 87 have been wounded.

 

She didn't survive

 

Human Rights Watch already called on Ukraine’s international supporters to “urge the Ukrainian government to strictly adhere to international humanitarian law, including by ending all use of Grad rockets in populated areas by Ukraine’s army”.

Amnesty International also urged the Ukrainian government to “stop abuses and war crimes by volunteer battalions operating alongside regular Ukrainian armed forces”, such as Aidar. All these appeals, urges and calls are likely to remain voices in the wilderness.

Firstly, Kiev repeatedly denies responsibility for war crimes, even when it’s proved by independent observers that the Ukrainian Army has carried out the atrocities, e.g. OSCE confirmed that on June 2nd the Ukrainian air force bombed a public building in Lugansk , killing 8 civilians – Kiev claimed separatists mishandled a portable anti-aircraft missile system.

Kailash Satyarthi, the children's rights activist, was awarded the Nobel Peace Prize last Friday. One of his first public statements on the following day, was to call out the government in Kiev for its brutal attacks on children in East Ukraine

Secondly, even though the government keeps blaming ‘the rebels’, they don’t seem to be that motivated when it comes to investigating these crimes. Moreover, even international organisations seem to not be that keen on uncovering any new atrocities. For example, the UN promised to investigate reports of mass graves in areas near Donetsk, which were controlled by the Ukrainian Army, but when the report came out the issue of mass graves was intentionally omitted.

Thirdly, after this week’s Reuters’ special report about flaws found in Ukraine’s probe of the Maidan massacre, there are plenty of reasons to believe that even if Kiev decided to carry out investigations of crimes, they are unlikely to be unbiased and fair.

There was a lot of pressure from Maidan activists to investigate the February killings of 100 protesters, which the new leaders were quick to blame on Berkut (special forces) police. They even arrested three suspects.

However, Reuters discovered some remarkable blunders:

Among the evidence presented against Sadovnyk (one of the arrested suspects) was a photograph. Prosecutors say it shows him near Kiev’s Independence Square on Feb. 20, wearing a mask and holding a rifle with two hands, his fingers clearly visible. The problem: Sadovnyk doesn’t have two hands. His right hand, his wife told Reuters, was blown off by a grenade in a training accident six years ago.

 

A bombed school room in East Ukraine in early October. A teacher and two parents were killed. 70 children were in the school when it was hit.

Another huge problem uncovered by Reuters:

The two prosecutors and a government minister who have led the Maidan shooting probes all played roles in supporting the uprising. One of these officials told Reuters that the investigators gathering the evidence are completely independent.

Furthmore: 

the former acting general prosecutor who oversaw the arrests of the three Berkut officers declared on television that they “have already been shown to be guilty.” That statement, said legal experts, could prejudice the cases. Ukraine is a party to the European Convention on Human Rights, which states that criminal defendants are presumed innocent until proven guilty.

Needless to say, to date no one has been apprehended in the shooting of Berkut policemen. Between 18th and 20th February, 189 of them suffered gunshot wounds and 13 died.

Image icon dead_mother_and_child.jpg
An East Ukrainian bombing victim with her child. Deliberate shelling of civilians has been relentless.

 

In such a context, all the 3,360 dead Eastern Ukrainians and their families, including the victims of the Odessa massacre, can expect similar justice from the Ukrainian government. It is clear that without pressure from the international community and other organisations, Kiev’s regime is neither going to stop the Ukrainian Army and other battalions from committing war crimes, nor is it going to investigate them.

Undoubtedly, all involved would make more effort to not commit atrocities, like targeting schools, if there was a serious risk of being indicted for war crimes from a recognised tribunal, but even the International Criminal Court (ICC) ignored the people who died from sniper shootings on Maidan, the Odessa massacre victims, and other civilians who died from indiscriminate shelling.

Russia is the only country, who is taking active steps towards bringing justice to East Ukrainian victims. Moscow has called on the Organisation for Security and Co-operation in Europe (OSCE) to take responsibility for investigations into crimes committed in Ukraine. The Public Chamber of the Russian Federation filed 30 petitionsin EHCR over war crimes in Ukraine and will file several hundred more by the end of the year. Ten petitions were already declined.

Finally, as human rights lawyer, attorney and member of the International Criminal Bar Dr. Jonathan Levy wrote in his independent legal analysis: Novorossiya itself ‘must bring Kiev’s war criminals to justice’. According to him, whether we like it or not, ‘under international law, Novorossiya has the same status as any other member of the community nations – it is a sovereign independent nation.’

Dr.Levy proposes that Novorossiya sets up its own International Tribunal and gives it independence to act in lieu of the UN, ICC, and Council of Europe, giving a chance to lawyers and jurists from around the world, who seek to advance the cause of justice, to participate using the Internet and other technologies. He argues, that “it is international participation and support that will give the proposed tribunal substance”.

If this ever happens, it will be a remarkable step towards creating a real international civic society with its own justice system, powered by modern technology (more details here), which would be independent of international leaders and their lackey organisations, which so far showed little signs of being concerned about bringing justice for killed East Ukrainian civilians.

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