Country Watch
In both practice and words, I have made it clear in no uncertain terms that the office of the prosecutor will execute its man- date, without fear or favour, where juris- diction is established and will vigorously pursue those – irrespective of status or affiliation – who commit mass crimes that shock the conscience of humanity. My office’s approach to Palestine will be no different if the court’s jurisdiction is ever triggered over the situation.
Only time will tell whether the ICC will have ju- risdiction over the complaint in the future. As the ICC prosecutor has explained, Palestinian leaders are in the process of deciding how to proceed. However, there is speculation that President Ab- bas will “wait for the findings of [the] UN-appoint- ed commission of inquiry into possible Gaza war crimes due by March [2015] before turning to the court.”
16 * Submitted by Christopher Bauer
United Nations Investigates Human Rights Situation in Ukraine
The decision of Viktor Yanukovych, the former president of Ukraine, to delay the signing of the Ukraine-EU Association Agreement triggered protests in Ukraine. On November 30, 2013, the coercive use of force by Ukraine to disperse pro- testors lead to widespread disaffection with the government and an escalation of protests. On February 22, 2014, Yanukovych fled his country to seek refuge in Russia. New presidential elec- tions witnessed Arseniy Yatsenyuk assuming the post of the President and forming a government on February 27, 2014. It is in this political context that Russian interference in Ukrainian political af- fairs lead to the secession of the Crimean prov- ince from Ukraine followed by its annexation by Russia. The secession, however, did not end Rus- sian interference. Separatists in Eastern Ukraine, allegedly backed by Russia, took over the town
hall in Donetsk. This started a protracted battle between Ukrainian military forces and the sepa- ratists.
The Office of the United Nations High Commis- sioner for Human Rights has played an efficacious role in calling out egregious violations of human rights during this conflict. Its report published on June 15, 2014, noted the intimidation, violence and discrimination that individuals with purport- edly ‘pro-Ukraine views’ faced in Crimea. It also noted the crucial Geneva Statement on Ukraine issued on April 17, 2014, calling for refrain from violence, amnesty for non-violent protestors, and the disarmament of illegal militias. Apart from intimidation and the threat of violence that the general citizenry faces, journalists have also been specifically targeted with abductions and unlaw- ful detentions. Such acts pose a grave threat to free speech and expression. Furthermore, inde- pendent journalists working in the region provide the best chance for the international community to receive credible information. Such threats to free speech will undermine policy and deepen the information asymmetry paradigm in which this conflict is taking place.
The United Nations (UN) has sought to play a complementary role with respect to the investi- gations into human rights abuses. Acknowledging the violations in relation to the protests, it noted five separate investigations being undertaken by domestic Ukrainian authorities. Apart from this, as per the UN, the conflict in East Ukraine also witnessed violations of human rights. The great- est challenge to studying human rights abuse in this conflict is the ambiguous identity of the armed separatists. They bear no insignia that would aid in the process of identification.
The United States and other Western powers have repeatedly called out both active and tacit Russian involvement, but with no reciprocal re- sponsibility assumed by Moscow. The initial re- sponse of the international community, to impose
ILSA Quarterly » volume 23 » issue 1 » October 2014
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