Translated by Ollie Richardson & Angelina Siard
“On October 30th, 2016, amendments to the Constitution in terms of justice come into force. They come into force, but not all of them,” explains Elena Lukash.
Let’s talk about the ones that DON’T come into force, for example, about the International Criminal Court.
“The Hague”, “Hague Tribunal,” “International Criminal Court”… The words are so sweet-sounding to “activists” and “patriots” [who want Russia to be trialled in the Hague for “annexing Crimea”, and “presence in Donbass” – ed]
And I have some bad news for them. THERE IS NO “HAGUE” AND THERE NEVER WILL BE.
By changing the Constitution, THE GOVERNMENT HAS SHIED AWAY FROM RECOGNISING THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT, on the conditions defined by the Rome Statute.
Now the Constitution states that Ukraine MAY (and MAY does not mean MUST and OBLIGE, right?), so Ukraine MAY recognize the jurisdiction of the International Criminal Court on the conditions defined by the Rome Statute. (part six of article 124 of the Constitution).
But this “POSSIBILITY” will appear as of 30.06.2019!!! year. (as part six of article 124 of the Constitution of Ukraine comes into effect 30.06.2019, in 33 months).
How is it possible? Why so long? What is the reason?
They promised to all of the world to recognize the jurisdiction of the International Criminal Court!
For example, article 8 of the Association Agreement with the EU stated:
“The Parties shall cooperate in promoting peace and international justice by RATIFYING and IMPLEMENTING the Rome Statute of the International Criminal Court (ICC) of 1998 and its related instruments.”
You violate the Association Agreement, Euro-integrators?
Delaying the recognition of the jurisdiction of the International Criminal Court is explicable: this court has jurisdiction only in relation to crimes COMMITTED AFTER THE ENTRY INTO FORCE OF THE ROME STATUTE, and an entity can’t be criminally responsible for conduct BEFORE the entry of the Rome Statute into force.
For those who are not quite knowledgeable on the subject, I will explain.
Ukraine signed the Rome Statute in 2000. But so far still have not ratified it. And it means it has not recognized the jurisdiction of the International Criminal Court.
And why does the current democratic regime not recognize the ICC?
Because they’re AFRAID.
“Ukraine currently CANNOT RECOGNISE THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT for the events in Donbass,” said the Deputy Head of the Presidential Administration of Ukraine Oleksiy Filatov.
This bears “CERTAIN RISKS for Ukraine, in particular, from the point of view of the UKRAINIAN MILITARY, who are forced to engage in a MILITARY CONFLICT,” explained the Presidential Administration official.
This is voluntary surrender, ladies and gentlemen of the jury!
The ICC has jurisdiction in respect of such crimes: the crime of genocide; crimes against humanity; war crimes; crimes of aggression.
What from this list appeared for the Presidential Administration official as a threat, and became the reason for such a statement?
It is difficult to believe any worrying for the UKRAINIAN MILITARY.
It was POWER who gave the orders.
And its precisely this that the official cares about.
I wonder HOW EXACTLY the official qualifies the actions of the Ukrainian power, and especially of the military, in relation to the jurisdiction of the International Criminal Court?
As WAR CRIMES? It is especially because of this that the jurisdiction of the ICC is not recognized by Ukraine?
The ICC as a rule holds the state LEADERS responsible. And even the highest position is not exempt from responsibility and from punishment. No domestic immunities can impeach the Court.
The Court pays special attention to the responsibility of COMMANDERS AND OTHER SUPERIORS (articles 27 & 28 of the Statute).
Note for the “reformers”:
Thousands of testimonies and documented facts about the events in Donbass, and social genocide of Ukrainians will not disappear.
These crimes have no statute of limitations.
In addition, the OSCE and the UN thoroughly record violations of humanitarian law.
I will mention only a few quotations from the UN report:
“We have documented alarming reports of SUMMARY EXECUTIONS BY ARMED GROUPS and are looking into similar allegations AGAINST UKRAINIAN ARMED FORCES. And have terrible reports of torture of detainees on BOTH SIDES”;
“Abuse of POWER by BOTH parties in relation to prisoners.” “The mission documented information about the IMPUNITY of violation of law by ENFORCEMENT OFFICERS of UKRAINE – the SBU – including forced disappearances, illegal detention, and detention without connection to the outside world, torture, and ill-treatment.”
“The UN recommends the GOVERNMENT of UKRAINE: to investigate all violations of human rights and international humanitarian rights committed in the East, INCLUDING THOSE COMMITTED by GOVERNMENT FORCES.”
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