By KYIV. Dec 8 (Interfax-Ukraine) – The war crimes committed by the Russian Federation on the territory of Ukraine should be considered as genocide, since they show signs of persecution of Ukrainians as a national group, Prosecutor General of Ukraine Andriy Kostin notes in his article for Global Insight published on the website of the International Bar Association.
"The deliberate targeting of civilians and civilian objects as a method of warfare, unfortunately, is not uncommon in the Russian military doctrine … What distinguishes such actions from other international crimes committed in Ukraine or elsewhere is that they clearly show signs of a campaign of persecution of Ukrainians as a national group directed against Ukrainian identity and Ukrainian statehood. Moreover, the crimes committed are systematic and massive, which is characteristic of genocide," Kostin said.
In his article, he cites a number of aspects based on the collected facts and evidence, "which with sufficient confidence allow us to conclude that there is a policy of genocide on the part of the Russian Federation."
"The starting point is the very rhetoric of the President of Russia, who for many years publicly and repeatedly questioned the Ukrainian statehood … He directly emphasized the process of ‘de-Ukrainization,’ meaning the need to erase the very essence of the consciousness of Ukrainians as a definite and independent people and as a state … This genocidal language of ‘de-Ukrainization,’ questioning the very existence of Ukrainian identity, was spread by the Russian propaganda machine through the media and was regularly voiced by leading political figures," the Prosecutor General stressed.
According to Kostin, this is very close to denying the right of Ukrainians to exist as a "national group" and is a confirmation of the intention of genocide — dolus specialis — in accordance with the Convention on the Prevention and Punishment of the Crime of Genocide, adopted by the UN in 1948 (the Convention of Genocide).
"The first signs of an attack on Ukrainians as a group began in early March 2022 … Wherever they entered, Russian forces began a large-scale search for residents who were pro-Ukrainian or anti-Russian … Government officials and politically active citizens who disagree with the condemnation of Ukrainians have disappeared or been killed … This is an open policy of erasing the very idea of Ukraine and Ukrainian identity," the Prosecutor General said.
In addition, according to him, the occupiers have demonstrated unprecedented violence against civilians, which is aimed at spreading fear and terror, as well as at eradicating resistance, "so that Russians can destroy the Ukrainian identity."
"While killing a large number of members of a group may be the most direct means of destroying the entire group, genocide can also be committed by other actions that do not have an immediate result, such as forced displacement and sexual violence. Russia uses both of these methods as a means of waging war," Kostin wrote.
He also mentioned as a sign of the policy of genocide carried out by the Russian Federation the forcible deportation of Ukrainian children and their adoption in the Russian Federation for their speedy assimilation into Russian society. The Prosecutor General noted that this is "the forcible transfer of children from one human group to another," which, in accordance with the Genocide Convention, is an act of genocide.
"Russia’s actions show clear signs of creating such ‘living conditions’ that contribute to the destruction of Ukrainians as a group, including strikes on power plants and power grids, causing significant power outages. This is especially alarming in light of the onset of winter," Kostin says.
"The destruction of cultural objects closely related to Ukrainian identity and statehood is another model of behavior demonstrated by the Russian military. According to UNESCO estimates, more than 120 cultural and historical sites have been damaged and destroyed since February 24," the Prosecutor General said.
He stressed that these actions have nothing to do with the conduct of war according to the norms of international humanitarian law, they trace a clear line of persecution policy, often accompanied by acts of terror, torture and intimidation, of Ukraine and Ukrainians.
“The international community cannot allow the essential foundations of a group with distinct national origin to be attacked with the intent to destroy it, and for its history and culture to be obliterated. If this is allowed, then the Genocide Convention has failed to achieve its objective. This is the declared objective of the Kremlin regarding Ukraine. Not acknowledging the fact does not make it disappear, it just gives time and space for evil to strike again, and harder. This must not be permitted,“ Kostin said.
