Ukraine every day it becomes closer to the precipice, and chosen by her friends (the neoconservatives) and she doesn’t even need enemies. In several articles noted the vacuity and stupidity of the Ukrainian lawsuit against Russia at the International court of justice in the Hague. Anyway, I would like to go a little further in the analysis of another bungling with the stamp “made in Ukraine”.
For those not in the loop, I will briefly describe what happened. Ukraine three years threatened Russia prosecution and now passed from words to deeds and filed a claim, but the prosecution is not in the military aggression or the annexation of the territory, and in violation of international conventions on the suppression of the financing of terrorism (allegedly, Russia has been funding and supporting the DNI and the LC, which Kiev considers terrorist organizations) and all forms of racial discrimination (the Crimean Tatars allegedly persecuted, and the Majlis was dissolved).
The fact that Ukraine has filed a lawsuit against Russia on these charges for nearly three years, should attract the attention of any sane person. When you have someone being accused of something requires proof, because otherwise it becomes a slander, is a crime. If the evidence is there, the claim is filed, which allows to prove the validity of the allegations. However, the fact that Ukraine has not filed a lawsuit on charges of military aggression or the annexation of the territory, means that she does not have even any serious evidence of these two often-sounding accusations. But we’ll get to that later.
Consider what is a MS: it was created to achieve one of the main goals of the UN “to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace”.
MS is the only legal body of the UN, and all members of the organization are within its jurisdiction. However, States were unwilling to limit their sovereignty, in connection with which the MS can disassemble disputes between the parties only if they are amenable to its jurisdiction. For this there are three options:
- The two sides come to a compromise and pass their dispute to a court.
- Some treaties and conventions contain articles that disputes concerning their interpretation and application should be considered in MS.
- The state can itself recognize that concerning his decisions of the ICJ have binding force. By the end of 2015, only 72 countries out of 185 have signed such a Declaration.
Let’s start with the third option, because it to eliminate the easiest. As you know, Russia has not signed the Declaration, so that decisions of the ICJ are binding only in the first two cases. Even from this point of view, the process begins not the best way.
The first option is deleted because of no compromise between Russia and Ukraine out of the question. Thus, Kiev is using the second item, that is trying to use provisions of the two international conventions for the consideration of the case in the ICJ.
The problem is that for the confirmation of competences MS need to arbitration was based on the specific facts. That is, it is necessary that Ukraine has filed a lawsuit against Russian citizen, who is financed or assisted in financing DND and LNR to Russia rejected the demand for extradition of the citizen and that Ukraine did not agree with the arguments in favour of failure.
Or to Ukraine filed a claim on the policy on discrimination of Crimean Tatars or the banning of the Mejlis and to Russia once again gave her the brush, and she considered the incident a violation of the Convention. In other words, the ICJ could adjudicate as the court of arbitration for legal disputes about the interpretation of international conventions, but is not the International criminal court.
Ukraine accuses Russia of violating international conventions without the submission of specific cases, thus trying to turn MS to the ICC, which will never happen. In the best case, the MS recognizes its incompetence in this matter, and at worst will make a decision that will not be binding as it would go beyond its authority.
Let’s go a little further and consider submitted by Ukraine evidence. With respect to the allegations of supporting terrorism, Kiev claims that DNR and LNR are terrorist organizations, that Russia is funding and arming them, and is also involved in the crash of flight MH17, which was shot down over the Donbas.
The first problem is that outside of Ukraine, nobody, even the UN does not recognize the DNI and LC terrorist organizations. Moreover, these republics do not fit this definition. They’re not trying to intimidate and terrorize the people, and their troops never intentionally take in the sights of the civilian population (which is not to say Ukrainian).
Further, the evidence of arms supplies and all the rest are photographs and videos from social networks. In other words, materials that are easy to fabricate, to forge, to distort or interpret in the desired form. And nothing more.
With regard to the inclusion in the case of the tragedy of flight MH17, the investigation is still not over, and progress reports of the investigation team can be challenged (and challenged) many of the legal positions. That is, no guilty was not indicated, and the evidence of the investigation team awkward and will not stand up to scrutiny in even devoid of the objectivity of the court.
Thus, from the point of view of international law is insane, the prosecution goes to the bottom and can steal a Prosecutor. Because Russia showed up in court empty-handed.
In addition to contesting the jurisdiction of the court for the foregoing reasons, the representatives of the Russian Federation brought about 600 pages of evidence that not only dispel Ukrainian accusations, but also blame Ukraine itself.
In particular it is noted speech Poroshenko in Odessa in Nov 2014, in which he proudly declared that Ukrainian children will go to school, and the children of Donbass will be forced to hide in basements, and that is how Ukraine will win the war.
There are pictures deliberately shelled by the Ukrainian army schools, and evidence of her use of phosphorous bombs, in particular during the shelling of the Semyonovka June 12, 2014. I think it all fits nicely under the definition of terrorism, making Ukraine a terrorist state.
Russia explained the emergence of weapons in the two national republics of the huge warehouses, which in Soviet times were on their territory, including in mines. Local miners better than anyone else, know where everything is. Everything else was obtained as trophies in retreat or defeat of the Ukrainian army (only in Debaltsevo Republic received 400 units of armored vehicles, including tanks).
Regarding the MH17 disaster, Russia came to the court with evidence of the presence of 17 Buk 156th air defense regiment of the Ukrainian army in the Donbas in the summer of 2014 (remember that after the crash Kiev argued that it did not have these weapons). And we are talking about “Beeches” of the same model that the complex, which opened fire on the aircraft, according to the investigation team.
Moreover, even in the prosecution says Ukraine about the supply of “Buk” from Russia, not the intention to shoot down MH17. Only here to charges of condoning terrorism need to prove a desire to intimidate or terrorize the people or the state. But even conniving Ukraine, the investigation team never talked about intentional action against MH17. In the worst case, it was noted that the rebels wanted to shoot down Ukrainian military plane and hit the airliner by accident. Thus, the charge of terrorism is falling apart.
On the issue of discrimination of Crimean Tatars, Russia will not make the slightest effort to prove the terrorist nature of Parliament, which participated in the economic and energy blockade of the Peninsula in the attempt to intimidate local population and force him to give up adopted in a referendum in 2014 decision (we are talking about fallen towers of going to the Crimea of the power grid in December 2015). That is, the ban was perfectly legal from the point of view of international conventions on combating terrorism.
I’m not even going to speak about the conditions of life of the Crimean Tatars, which has significantly improved after the return of the Peninsula to the Russian Federation and clearly indicate the absence of any discrimination.
Given the poor state of evidence in the suit, which managed to raise the Ukrainian lawyers, it becomes clearer why Ukraine has addressed in court with the charges that for two years pushes against Russia’s military aggression and annexation of the territory. The fact that such apparent lack of tangible evidence, all would have been not just a defeat of Ukraine, and winning the right to the legal authority of the UN, which would further weaken Kiev and strengthened the position of Moscow in the international plan.
At the sight of such lack of evidence of requirements of Ukraine, which believes that Russia must fully pay all compensation for the victims of the MH17 disaster and shelling of civilians in the Donbass, nausea and vomiting. Kiev wants, not much is not enough to pay for his own crimes (regarding MH17, let me remind you that the plane was the responsibility of a state in the airspace of which was, that is Ukraine, and, therefore, that at best guilty of criminal negligence, once missed a ship in a war zone, where before it was shot down several military aircraft). Such cynicism simply does not fit in the head.
However, all becomes clearer if to look at representing Ukraine, the Cabinet of lawyers. The Saker has released a detailed article about it, which clearly points to the involvement of former Obama administration and Hillary Clinton to this legal mess.
Among other noteworthy Hongu To Harold (Harold Hongju Koh), which was the legal advisers of the state Department under Obama. This man was offered legal justification for torture and eliminate people with drone President. It says a lot about his attitude to international law. The fact that the former consultant of the American administration represents Ukraine in court, says a lot about the US meddling in Ukrainian Affairs. Now Ukraine is merely an American colony.
Head of the Ukrainian delegation Olena zerkal, in turn, said on France 24 that the people of Donbass uneducated and stupid that they lack a critical view to understand the falsity of “Russian propaganda” about the murder of Ukrainian army children. If they are not able to see firsthand that the Ukrainian bombs bring death…
In any case, her statement on air of French TV channel has much to tell us about her attitude towards the people of Donbass: retarded subhuman. It’s not a coincidence if we recall the opinion of Hitler and the Nazi ideologues of Russian.
When he reached the end of its idiotic logic, Ukraine, in fact, gave Russia the largest international platform for the presentation of the crimes of Kiev. It is not only that the court may reject the requirements of Ukraine due to lack of evidence and authority: the accusations of Kiev can hit him, like a boomerang.
As for the sanctions and blockade of the Donbass, the Russian side continues the tactics of treatment of the attacks of the enemy against him. She prepares in this case the legal basis for legal intervention in the Donbass, as the crimes of Kiev will be on display, and the proof of that will was court of justice.
In other words, Ukraine has provided Russia the opportunity to show the international community the evidence of war crimes Ukrainian army in the Donbass, who patiently gathered for nearly three years. The figure slowly stood on the Board and an hour to deliver checkmate finally broke.