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Russian Genocide in Ukraine as an Attempt to Destroy the Ukrainian Nation

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Pylypenko V.

Review of European and Comparative Law

2023

issue Special Issue

77-88

The article assesses the recent and ongoing criminal acts of the Russian Federation in terms of their compliance with existing international crimes, in particular with the crime of genocide, with the aim of correct criminal-law qualification. It provides an analysis of actus reus of genocide as an international crime under the Convention on the Prevention and Punishment of the Crime of Genocide (hereinafter: Convention). The illegal action of the Russian Federation is analysed in the context of the so-called “denazification,” as the main goal of the full-scale aggression of Ukraine. The author attempts to show the distinction between the groups protected by the aforementioned Convention and the term “Nation,” which seems to have much broader sense. The author also concludes that the actus reus of the Russian perpetrators is not aimed solely at the destruction of any of the groups of the Convention, but actually at the destruction of the Ukrainian nation, its culture, language, history and statehood. In this context, the views of Raphael Lemkin, the founder of the concept of genocide as an international crime, are analysed. The necessity of international legal qualification of the actions of the Russian Federation as a new international crime has been substantiated and its conditional name – “natiocide” is proposed.

Forced Passportization and the Problem of Its Criminalization in the International Law

100%

Pylypenko V.

Teka Komisji Prawniczej

2024

vol. 17

issue 2

397-407

The article analyses the problem of forced passportization of Ukrainian citizens in the temporarily occupied territories of Ukraine by the Russian occupation authorities during Russia’s armed aggression against Ukraine. This process began as early as the period of the illegal occupation of Crimea and its scale significantly increased with the beginning of the full-scale invasion on February 24, 2022. It is stressed that the forcing of Ukrainians to obtain Russian citizenship is carried out as part of the Russian authorities’ policy. In this context, we analyse the latest legislation of the Russian Federation which relates to the procedure for granting Russian citizenship by the Russian occupation authorities. Examples of forcing Ukrainians living in the occupied territories to obtain citizenship of the Russian Federation through intimidation, threats, and deprivation of basic human rights and freedoms are cited. Forced passportization in the occupied territories of Ukraine, carried out by the Russian authorities, is a violation of the International Humanitarian Law, in particular Article 4 of the IV Geneva Convention of 1949 “On the Protection of the Civilian Persons in the time of war” and Article 4 of the IV Hague Convention of 1907, which prohibits forcing the inhabitants to swear allegiance to the occupying power. It has been established that in contemporary international law, coercion to obtain citizenship of the occupying power does not constitute an independent component of a war crime. It is concluded that such violations of International Humanitarian Law may constitute a war crime and it indicates the need for the criminalization of forced passportization by amending the Rome Statute of the International Criminal Court. It is proposed to constitute a new war crime by adding to Paragraph 2 (b) of Article 8 of the Statute of the International Criminal Court a new war crime: forcing the inhabitants of the occupied territories to obtain citizenship of the occupying state.

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1 Review of European and Comparative Law

1 Teka Komisji Prawniczej

2 Pylypenko V.

1 2024

1 2023

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Russian Genocide in Ukraine as an Attempt to Destroy the Ukrainian Nation

Forced Passportization and the Problem of Its Criminalization in the International Law