17 Nov. Press review. The UN resolution and the Declaration of the Hague: what will happen to Russia

In the Third Committee, which focuses on human rights, UN GA adopted the resolution «Situation of human rights in the Autonomous Republic of Crimea and city of Sevastopol (Ukraine)», initiated by Ukraine. This document was supported by 73 States, 23 voted against, including Russia, Belarus, Armenia, Kazakhstan, China, India, Brazil. 76 countries abstained.

The peculiarity of this resolution is that for the first time in official documents of the UN, Russia recognizes the invader state, and the Autonomous Republic of Crimea and city of Sevastopol temporarily occupied territory. In addition, the resolution reaffirms the territorial integrity of Ukraine and non-recognition of the annexation of the Ukrainian Peninsula.

The document also calls on Russia to grant international human rights mechanisms, primarily the UN Mission for monitoring the observance of human rights in Ukraine, unimpeded access to Crimea with the aim of ensuring monitoring of the situation with human rights and requests the Office of the UN high Commissioner for human rights to prepare a thematic report on the situation on the Peninsula.

«Supporting document, the world declared the aggressor state: «There is a» grey zone of lawlessness and arbitrariness in the Ukrainian Crimea», — commented this decision the Minister of foreign Affairs of Ukraine Pavlo Klimkin.

The head of the Verkhovna Rada Committee on foreign Affairs Hanna hopko stressed that the UN resolution is a pretty powerful tool that Ukraine can continue to use in international courts. «In particular, and the International court of justice and the International criminal court we can, putting forward the claims of the country-occupier who invaded the territory of our country, to demand compensation for economic losses. All of these actions would be to supply the Ministry of justice. But the problem is that in Ukraine there is no coordination between the Ministry of justice and the foreign Ministry and other key institutions that would have to develop a strategy to protect our national interests in the international courts,» says hopko.

«Because of all facts of Russian war crimes is well known. Earlier in the PACE resolution said that Russia should compensate the losses of all these crimes and killing people, says hopko. — Now, in this UN resolution, in addition to the legal component, there is a clause which obliges Russia to allow Crimea observers of the Committee on the human rights of the UN, Council of Europe and other international organizations».

So after all these crimes committed by Russia in Georgia, Transnistria in the Donbas and Crimea underlines the CSAC, we have all the evidence to use in a legal plane, when will the international Tribunal on the people who gave the team on the implementation of military intervention in Ukraine.

As for the RF output from the jurisdiction of the Rome Statute of the International criminal court — obviously, Putin wants to show that after all these outrages he wants to live in a world where there are no rules. Ukraine, for its part, in accordance with the voted changes to the Constitution, joins the Rome Statute three years later, she recalls. This writes Nicholas Ciroc in the article «Russian occupier». 73 – «For» in the newspaper «Day».

In recent years Ukraine has sent in a number of international courts including the Hague Tribunal, the claims against Russia, unleashing a military aggression on our territory. In the complaints it was about the events on Maidan, in Crimea and in the East of the country. Such in international courts investigated very laborious, and therefore not too fast. For example, the evidence base for the crimes the former Bosnian Serb leader Radovan Karadzic, sentenced to 40 years in prison, experts examined eight years. But as they say, step is the hardest…

The situation on the territory of Crimea and Sevastopol, equivalent to the international armed conflict between Ukraine and the Russian Federation — such is the conclusion of the Prosecutor of the International criminal court in the Hague , Fatou Bensouda, in the annual report on preliminary investigation of the case «Situation in Ukraine».

International lawyer, the head of the European Committee for the prevention of torture Nikolai Gnatowski, commenting on the published document, noted that the international criminal court is considering the qualifications of all armed conflict in the Eastern regions of Ukraine as an international. «Conclusions many, but there are two main. First, if someone thought that the ICC is not serious, it is not so. Everything is very serious. Second, the work of the court to investigate crimes against international law in the territory of Ukraine not only does not relieve our state from the obligation to conduct its own investigation and punish the perpetrators and underlines the need to speed up. The more Ukraine will do at home, the less you have to regret what happens in the Hague,» he wrote in social networks.

And Ambassador to a special envoy of the foreign Ministry of Ukraine Dmitry Kuleba, quoting the report of the Prosecutor, added: «Russia has recognized that its military was involved in the seizure of Crimea… on the Basis of his diplomatic experience, I would say that Russian diplomats are not diplomats can easily «swallow» any sharp review. But the nerves they do not stand up when a reminder of what made them — a crime for which they bear legal responsibility.»

Evidence of this was not long to wait. Yesterday, Russian President Vladimir Putin issued a decree on Russia’s refusal to participate in the Rome Statute of the International criminal court (the Hague Tribunal) and instructed the relevant authorities to notify the UN leadership. That is, the master of the Kremlin is trying to avoid responsibility for unleashing war against Ukraine, as the prosecution for this crime is possible only in respect of nationals of countries that have ratified the Rome Statute…

Meanwhile, at a recent meeting of the Third Committee of the UN General Assembly was initiated by Ukraine adopted the draft resolution on human rights violations in the Crimea. The document was voted by the representatives of the 73 member countries of the UN, 23 — against it, including Russia and Belarus.

Commenting on the successful vote in favour, the President Petro Poroshenko called it a victory of justice and thanked them for the assistance of all the countries that have supported the initiative of Ukraine. In turn, the Minister of foreign Affairs Pavlo Klimkin stated that the resolution on human rights violations in Crimea will allow to be used officially in all UN documents, the definition of «temporary occupation of the Ukrainian Autonomous Republic of Crimea and Sevastopol». Enter in this connection, the permanent human rights monitoring the UN — is the first step towards de-occupation of the Crimea, the Minister said.

Permanent representative of Ukraine to the United Nations Volodymyr Yelchenko said that long before the voting on the Ukrainian draft resolution, the Kremlin began its breakdown. «We know from our friends — many countries, especially in remote regions of the Russian Embassy in other capitals or resorted to outright pressure and blackmail, saying that if you support this resolution, then we will play against you in specific matters, or to basic bribery. Just recorded the money», — said Vladimir Yelchenko, stressing that, unfortunately, this remains «the usual coordinate system in which Russian diplomacy», give much of the Soviet approach.

Volodymyr Yelchenko also noted that the list of States that have become to the Kremlin, there are several CIS countries, including Belarus, Kazakhstan, Uzbekistan, Armenia, «the position of which in relation to Ukraine might be slightly different, given our established relationship with them.» Unfortunately, Russia’s pressure has worked for them, stated the diplomat. This was reported in the article «Hague Tribunal’s annexation of Crimea equated to war. Then Putin ordered to break with the court agreement on recognition of its jurisdiction» in the newspaper «Facts and comments».

Some Ukrainian media hastened to report that the adoption of this resolution at the UN General Assembly – has already been solved. But is it? Under the UN Charter, the resolution can take either the security Council or the UN General Assembly. And security Council resolutions binding on all UN members, and resolutions of the General Assembly are only Advisory in nature.

But even this requires a resolution of the UN General Assembly was supported by more than half, that is at least 96 countries participating in the UN. And, judging by the vote at the Third Committee of the General Assembly, dandouras about the violation of human rights in Crimea while support only 73 countries and more than 76 abstained.

Some Ukrainian diplomats and analysts believe that the number of countries that supported a Ukrainian resolution is not conclusive. And it shows the «flaw» of the Ukrainian side. Therefore, the Ukrainian diplomacy in the near future will need to try very hard to enlist the support of at least 23 countries. And the review and approval of the resolution scheduled for the plenary session of the UN General Assembly, which will take place in December 2016. And although it will have Advisory and not binding, this document can become an important instrument to promote the position of Ukraine, including in international courts.

The diplomat Bohdan Yaremenko said: «it is believed that after review of the resolution by the relevant UN Committee final approval session of the UN General Assembly is a purely technical question. That is, the official Kiev is apparently convinced that the resolution be adopted fully by the end of the year.»

But there are so many surprises in international politics that prognozirovat anything difficult, says the diplomat. Moreover, Russia will actively work to thwart the adoption of this resolution.

Former Minister of foreign Affairs of Ukraine Konstantin Grishchenko believes that the Committee of the UN General Assembly adopted the wording proposed by Ukraine, is evidence of the great work done by our diplomats. Our representation in the UN work in this direction professionally.

«But here it is necessary not to forget that 76 countries abstained. This is due to the fact that each of them has its own reasons related to their external and internal political priorities. They keep them from supporting Ukraine. So our diplomacy is still very much work and debate, to persuade some of them to our side,» — said Grishchenko.

«Will it be possible to do it – remains open. Everything will depend on the actions of our diplomats, and, of course, from Russia, which has very strong positions in the UN. But this resolution, while not binding, are important for Ukraine politically. It will have a serious impact on the attitude, the approaches of governments, the public, non — governmental organizations in many countries to Ukraine», — said Grishchenko. This writes Viktor Timofeev in the article «Will the UN resolution of Ukraine» in the newspaper «KP in Ukraine».

The UN adopted a Ukraine-initiated resolution on Crimea, which Russia called an occupant country and annexed the Peninsula – a temporarily occupied territory. This is definitely a declarative step that does not change anything – as any other decision of the UN. However, it gives the Ukrainians the grounds for promotion of a new discourse in the international politics discourse about the Russian aggression in Ukraine.

The resolution only shows that the occupational status of the Crimea are ready to accept not only Ukraine, but other countries as well. As you know, the resolution was supported by 73 States, 41 of them – were made by co-authors of the document.

73 countries understand what is happening, the aggression of Russia against Ukraine. This does not mean that tomorrow they will send military contingent to fight with Ukraine against Russia. But this means that we can say with 73 sea countries on specific tools of pressure on Russia, such as the renewal of old sanctions and the introduction of new, as well as other means of support.

In international politics, unlike domestic policy, no instruments of realization of decisions in life. In the international arena, there is no Executive service, international police and other such institutions and mechanisms. Adopted by international organizations of resolutions, as a rule, does not end there. However, the critical discourse, which they are starting later gives you the opportunity to attract a certain specific tools. In particular, this gives Ukraine reason to use the appropriate rhetoric to invoke the resolution in various international markets.

23 members of the United Nations voted against the proposed resolution, Ukraine. It is either those countries that adhere to the Pro-Russian vector in foreign policy, or those for whom the uncomfortable topic of human rights violations. In fact, we are talking about human rights violations on the territory of Crimea. For many countries this is a very awkward question. They fear that if today would vote such a resolution regarding Russia’s actions, then tomorrow it will be voted against them. Many were driven not so much by sentiment towards Russia, as the desire to avoid the question of human rights and the use of the UN to put pressure on countries that violate these rights. Not need to be a great prophet to understand against whom this can be used, says Serhiy Taran in the article «How to use the UN resolution on Crimea» the edition «New time».




17 Nov. Press review. The UN resolution and the Declaration of the Hague: what will happen to Russia 17.11.2016

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