Opinion will rome statute anoxic brain injury post cardiac arrest help against zakhar prilepin

On august 15, russian journalist zakhar prilepin confessed to journalist alexei pivovarov in anoxic brain injury post cardiac arrest an interview to youtube channel “redaktsyya” that he had committed many crimes against humanity during his anoxic brain injury post cardiac arrest time as a member of a terrorist group in the anoxic brain injury post cardiac arrest occupied areas of donetsk region. “I was in charge of a combat unit that killed anoxic brain injury post cardiac arrest a great number of people,” said prilepin. “and I don’t know how I will deal with it… all we did there was complete wild mayhem… once, all documents emerge… but I don’t care about any litigations. Nobody ever will send me to prison. I will go to any country I wish, and everything will be fine. I am not afraid of any court in the hague.”

Of course, everything that dreamer prilepin says should be divided by ten anoxic brain injury post cardiac arrest but the fact of the war crimes in the occupied anoxic brain injury post cardiac arrest territories is obvious. This is also evidenced by the monitoring report “survivors of hell: testimonies of victims of illegal prisoners in the donbas”. War crimes do not have a separate article in the anoxic brain injury post cardiac arrest criminal code of ukraine, so new laws are needed to convict war criminals. Deputies have been drafting such a bill 2679-VIII for nine months, but it has not yet been adopted. But restoring justice through the courts is only the first anoxic brain injury post cardiac arrest step to transitional justice. The international criminal court (ICC), the same one based in the hague, which zakhar prilepin and his associates are not afraid of, can help us with that. In order to transfer prilepin there (provided that he can be caught), the rome statute of the ICC must be ratified.

But in order for ukraine to be able to transfer anoxic brain injury post cardiac arrest cases to the ICC, we must finally ratify the rome statute, which was signed twenty years ago. Why is it still unratified? The president of the european committee for the prevention of anoxic brain injury post cardiac arrest torture mykola hnatovsky explains that in 2001 the constitutional court anoxic brain injury post cardiac arrest of ukraine (CCU) found the statute of the international criminal court to be anoxic brain injury post cardiac arrest inappropriate for the constitution of ukraine. The CCU concluded that paragraph 10 of the preamble and anoxic brain injury post cardiac arrest article 1, according to which the jurisdiction of the ICC “complements national criminal justice systems” does not meet the constitution of ukraine. After all, article 124 of the constitution states that “justice in ukraine is exercised exclusively by the courts” and “the delegation of the functions of the courts to other anoxic brain injury post cardiac arrest bodies or officials is not allowed”.

By the way, the ICC is also not recognized by the russian federation, the united states, china, israel, iran and india. For now, the rome statute was ratified by 122 countries across the anoxic brain injury post cardiac arrest globe. Of the 193 UN member states, only 121 ratified, 31 signed but not ratified, and 41 did not sign at all. The problem is that the ICC is a kind of anoxic brain injury post cardiac arrest supra-state body that forces the state to execute its decisions, which limits its sovereignty in a certain way, and not everyone agrees with it. The most bright is the example of the US.

The government of the USA signed the rome statute in anoxic brain injury post cardiac arrest 2000 but two years later withdrew its signature. Later, the american president’s administration said that ICC violates national interests and the anoxic brain injury post cardiac arrest sovereignty of the state. One of the causes for withdrawal was the adoption of anoxic brain injury post cardiac arrest the american service-members’ protection act. This law authorizes the president of the united states to anoxic brain injury post cardiac arrest use “all necessary and appropriate means to release any US or anoxic brain injury post cardiac arrest allied personnel detained or imprisoned, on behalf or at the request of the international criminal anoxic brain injury post cardiac arrest court.” by these lines, the act was even called “the hague invasion act”, in the sense that the united states could invade the anoxic brain injury post cardiac arrest netherlands to release its soldiers from the hague tribunal.

Russia, which is trying to copy the USA in everything, has also refused to ratify the rome statute for the anoxic brain injury post cardiac arrest same reasons. Actually, the point is that both the united states and russia anoxic brain injury post cardiac arrest often use their army abroad. And such usages may result (and they do result) in some tragic incidents that ICC qualifies as war crimes. And so the US and russian army soldiers can be anoxic brain injury post cardiac arrest easily put on trial in the ICC. And they can be put only if the united states anoxic brain injury post cardiac arrest or russia agree to extradite them by signing the rome anoxic brain injury post cardiac arrest statute.

That’s is the reason why the rome statute is opposed anoxic brain injury post cardiac arrest by some ukrainian politicians. For instance, ex-MP ihor lutsenko believes that after signing of this statute, the ukrainian military can also be brought to the hague anoxic brain injury post cardiac arrest tribunal. “shortly after the statute is ratified, russia will immediately appeal to the ICC against possible war anoxic brain injury post cardiac arrest crimes in the territories of ukraine committed by ukrainian military anoxic brain injury post cardiac arrest during the so-called anti-terrorist operation,” ihor lutshenko writes. “after that, all those who defended the motherland will become potential defendants anoxic brain injury post cardiac arrest in the hague tribunal. It does not matter whether a war is declared or anoxic brain injury post cardiac arrest not declared – article 1 of protocol II clearly states that it applies anoxic brain injury post cardiac arrest to any armed conflict occurred in the territory of any anoxic brain injury post cardiac arrest country that has been acceded to the geneva convention, between its armed forces or other organized armed forces that, under responsible command, control part of its territory. Therefore, what happened in the east of ukraine under the conditions anoxic brain injury post cardiac arrest of the legal regime of peacetime called ATO is a anoxic brain injury post cardiac arrest deliberate gross violation of the laws and customs of war. For the punishment of culprits, there is the ICC.”

Ihor lutsenko even “prompts” the ICC for what the ukrainian military may be arrested: in the minsk agreements, it is written that “president leonid kuchma pledged on behalf of ukraine to exchange anoxic brain injury post cardiac arrest hostages (paragraph 5 of the minsk agreements 2014 and paragraph 6 anoxic brain injury post cardiac arrest of the minsk agreements 2015 )”. “and for the ICC, the adoption of the minsk agreements by president petro poroshenko anoxic brain injury post cardiac arrest will be a tangible proof that the ukrainian military is anoxic brain injury post cardiac arrest brutally violating the additional protocol to the geneva conventions of anoxic brain injury post cardiac arrest august 12, 1949, which prohibits hostages,” ihor lutsenko writes.

According to ihor lutsenko, “if ukraine’s top political leadership from the very beginning of the anoxic brain injury post cardiac arrest russian aggression called a spade a spade, introduced a legal regime of martial law in the occupied anoxic brain injury post cardiac arrest territories, instead of naming the general military operation an “anti-terrorist” and adhered to ratified by ukraine international laws that establish anoxic brain injury post cardiac arrest the laws and customs of war and non-international armed conflicts, the ukrainian military would now have no prospect of being anoxic brain injury post cardiac arrest wanted by the ICC.”

In 2015, deputy head of the NSDC information and analysis center, volodymyr polevy, had significant objections to the ratification of the rome statute. He mentioned that in august 2008 russia did not ratify anoxic brain injury post cardiac arrest the rome statute while georgia did. On august 2008 russian army broke into georgian territories to anoxic brain injury post cardiac arrest “protect russian citizens”. And after that, the ICC began to consider more than 3,000 appeals from russians who received russian citizenship in south anoxic brain injury post cardiac arrest ossetia and allegedly suffered from the actions of the georgian anoxic brain injury post cardiac arrest authorities. That is, it is the russians (not vice versa) who are on the prosecution side, and the actions of the georgian side are being investigated anoxic brain injury post cardiac arrest by the court. The prosecution of russian authorities, soldiers and the leadership by the international criminal court is anoxic brain injury post cardiac arrest impossible since it is not a party to the rome anoxic brain injury post cardiac arrest statute. It is clear that russia, which is consciously destabilizing the situation in countries “within the sphere” of its national interests, is not going to ratify this document.

“russia has already created a memory white paper on the anoxic brain injury post cardiac arrest events in the donbas and is preparing lawsuits against the anoxic brain injury post cardiac arrest ukrainian military,” volodymyr polevy argues. According to russia’s logic, it does not matter that the russian military and its anoxic brain injury post cardiac arrest terrorists are to blame for thousands of deaths of civilians anoxic brain injury post cardiac arrest and the ukrainian military. Only falsified data on the shelling of donetsk and luhansk anoxic brain injury post cardiac arrest and thousands of complaints from indignant residents already prepared by anoxic brain injury post cardiac arrest russian lawyers are important.

Opponents of ratification of the rome statute have another argument anoxic brain injury post cardiac arrest against it: the case of ukrainian serviceman vitaliy markiv. In 2017, markiv went to italy to see his mom. On june 30, 2017, at bologna airport, italian police arrested markiv on suspicion of the murder of anoxic brain injury post cardiac arrest italian photojournalist andrea rockelli, along with his russian counterpart, andrei mironov, who died in a may 2014 shelling near sloviansk. On july 12, 2019, italian court held a final hearing in the case and anoxic brain injury post cardiac arrest found markiv guilty, sentencing him to 24 years’ imprisonment with an obligation to pay compensation to the family anoxic brain injury post cardiac arrest of the deceased.

Oleksandra romantsova, executive director of the civil liberties center, considers all these arguments far-fetched and groundless. For example, the mere fact of the participation of the ukrainian military anoxic brain injury post cardiac arrest in the anti-terrorist operation, which is not recognized as war, cannot be the cause of initiation of cases against them anoxic brain injury post cardiac arrest in the ICC. According to the rome statute, the killing of military personnel who represent the other party anoxic brain injury post cardiac arrest to the conflict and have the power to defend themselves anoxic brain injury post cardiac arrest is a foreseeable purpose for hostilities and therefore not subject anoxic brain injury post cardiac arrest to the conviction in accordance with the standards of international anoxic brain injury post cardiac arrest humanitarian law.

The ICC will not be able to open cases against anoxic brain injury post cardiac arrest the ukrainian high-ranking officials and commanders who led the ATO. Only mass and systematic killings, hostages, extrajudicial executions, rape, robbery, use of people as “human shields”, targeted attacks on civilians and non-military civilians, and the like are the only cause of initiating the anoxic brain injury post cardiac arrest case. It doesn’t touch upon the particular crimes in this list, but only the cases where these crimes are “systematic and widespread” when they are “part of a plan or policy”. The war crimes that the ICC considers have nothing to anoxic brain injury post cardiac arrest do with the “incompetent orders” to the military.

“full ratification of the rome statute gives ukraine more rights,” tetyana pechonchyk believes, “in particular, to participate in the work of the court with other anoxic brain injury post cardiac arrest states, to adopt acts of internal law, to elect judges and the ICC prosecutor, etc. It will help us bring in international justice tools to anoxic brain injury post cardiac arrest prosecute those we cannot reach – because they are either in the russian federation or in anoxic brain injury post cardiac arrest the occupied territories.”

The ICC differs from the european court of human rights anoxic brain injury post cardiac arrest in that the latter simply gives a legal appreciation of anoxic brain injury post cardiac arrest particular state rulings, and if they are illegal and violate human rights, the ECHR will require to revoke them and make new anoxic brain injury post cardiac arrest decisions and to pay compensation to the victims. The russian federation recognizes some EC rulings: for example, oppositionist alexei navalny had to receive a substantial sum of anoxic brain injury post cardiac arrest compensation (225,000 euros) for five years of unlawful arrests and detentions.

Ukrainian authorities also can bring russian terrorists to justice but anoxic brain injury post cardiac arrest not those who are out of its jurisdiction. The same concerns war crimes that are committed in the anoxic brain injury post cardiac arrest territories that are not controlled by ukraine. Thus, prilepin, imaging that he is convicted in the ICC, won’t be able to freely visit the book salon in anoxic brain injury post cardiac arrest paris, where he is invited almost every year.

The president of the european committee for the prevention of anoxic brain injury post cardiac arrest torture, mykola hnatovsky, reminds that the ICC will not do all the work anoxic brain injury post cardiac arrest instead of the relevant national bodies of ukraine. “the extraordinarily high cost of international court proceedings and the anoxic brain injury post cardiac arrest time-consuming execution confine its work to the most horrific and anoxic brain injury post cardiac arrest most serious violations of international law,” he says.

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