Military Review

Ukraine at the beginning "dug a hole", and now wondered how not to get into it itself

39

How easy it is to form, or rather, to control public opinion in a society where people do not know how, do not want or cannot, are not taught to think, seek information and draw their own conclusions based on this information. It would seem that today many primary sources are in the public domain. You don't have to go to specialized libraries, turn over hundreds of pages of documents, you just need to enter the corresponding site, and all the documents are before your eyes.


Today, many media outlets, especially in Ukraine, are talking about a breakthrough in the consideration of Ukraine's lawsuit against Russia over human rights violations in Donbass and Crimea in 2014-2020. We also have such publications. The source of increased interest in this topic was the "report on the preliminary study of the situation in 2020", which was published by the outgoing prosecutor of the International Criminal Tribunal Fatou Bensouda.

Moreover, everyone has a reason for joy from the publication of this report. Ukraine squeals with delight at the fact that finally "the whole world" recognizes Russia's crimes in the Donbass and Crimea. Donbass is rubbing its hands, thinking that in The Hague they will see the crimes that the Armed Forces of Ukraine and the volunteers have committed on their territory all these years. Russia hopes that the "world community" will finally understand that there is a civil war going on in Ukraine, and will recognize this fact.

The supporters of different political trends - from radicals of all stripes to hardened liberals - feel exactly the same joy. Finally, the truth will prevail! Finally, “the whole world” recognizes the correctness of their point of view on the events taking place in Ukraine in recent years.

What is the reason for this excitement of everyone and everything? Just what I wrote above. In the unwillingness and inability to read primary sources and draw simple conclusions. Most of those who paid attention to this news, treat legal issues in much the same way as football or hockey. "They cheer for our people," no matter what.

Wishful thinking


When it comes to international courts, most commentators suddenly lose their ability to read. Moreover, they cannot read the entire text, but only individual words or phrases. The key word that these people have forgotten how to read is the word "criminal". That is, this tribunal is considering purely criminal cases that have nothing to do with politics.

First of all, on this misunderstanding of the essence of the work of the tribunal in The Hague, the entire ideology of the “fight against Russian aggression” in Kiev is built. If we now count all the claims that Ukraine has filed in international courts against Russia in recent years, then, probably, no one will be able to take away the primacy in this issue from Kiev. Lawsuits are filed for any reason and for no reason.

It is alleged that in the hope of obvious changes in the legal system of the West, which we have already seen many times when considering cases involving accusations against Russia, at least some accusation will nevertheless be brought. Let it be partial, albeit without any sanctions, but an accusation.

For many Ukrainians, it will be a discovery that how much money their "rich" country spends on all these lawsuits and proceedings. I often remember the former Deputy Minister of Foreign Affairs of Ukraine, Elena Zerkal. How many times, explaining failures in international courts, Zerkal spoke about Ukraine's limited financial resources, which do not allow hiring competent lawyers.

And at the same time, it was Zerkal who became one of the initiators of the conclusion of a legal service agreement with the American firm Covington & Burling. Again, I remember how surprised this choice of international lawyers around the world. The fact is that specialists of this level - people who are able to act on behalf of one state against another - are a piece of goods. And the number of firms capable of doing such business in the world is limited.

American Covington & Burling has never dealt with such matters. This firm specializes in commercial arbitration. Moreover, if you look at the advertising brochures of this company, the Americans have never positioned themselves as specialists in working in UN courts.

But this fact did not prevent the Americans from already receiving more than $ 28 million from Ukraine for their services since 2015 and issuing another tranche of $ 5,5 million in June this year. By the way, when Ukrainian deputies tried to figure out why exactly Covington & Burling deals with all the claims of Ukraine, as well as represents the interests of certain Ukrainian state-owned companies, such as Naftogaz, they quickly got a blow, and interest subsided by itself.

By the way, there is one more fact that is worth mentioning. There are no Ukrainians in the team of lawyers acting on behalf of Ukraine. There are no people who can take into account the specifics of specific cases exactly as citizens of this country. Claims regarding the state of affairs in Donbass or Crimea are made by those who have never been to these regions, who are guided by the materials of only one side of the conflict.

Talking about how Ukraine is fighting in the courts against Russia can be long enough. But I don't see any sense in this. Even after what has been written above, it can already be concluded that the main thing for Kiev politicians and officials is not truth and justice, but the very fact of such claims.

Systematic work is underway, designed not for the external consumer, but for the Ukrainian society. A sort of conviction of their own man in the street in the correctness of the policy of the Ukrainian government. You see, international courts accept Ukraine's claim! This means that they recognize their correctness. Hence, "the whole world" is with us. This is nothing more than wishful thinking. Fictional for fact.

Why does a cat scratch on its back


Let's go back to the specific International Criminal Tribunal. Let's come back in order to understand why, according to the Ukrainian tradition, peremoga is likely to soon turn into zrada.

So, the tribunal has clearly established the time frame for the case under consideration. From February 20, 2014, from the start of the murders on the Maidan, to the present. Three territories have been established, in which the proceedings will be conducted: Kiev, the events in Crimea and the war in Donbass. Priority episodes for consideration will be those that were included in the UN reports on human rights violations in Ukraine and Crimea. Hence, the actions of Ukraine, LPR, DPR and Russia will be considered.

Let's start with the Maidan. No matter how hard the Ukrainian authorities tried to hide the truth about who started shooting and when, there are a lot of materials on this issue today, including the confessions of the participants-snipers. Those who directed and organized this process have also been identified. Most of these people are still part of the political elite of Ukraine.

But for MUT, this is not an argument. If the tribunal finds that politicians are involved in criminal and war crimes, then Ukraine will simply be obliged to extradite them. Once again, the materials do not exist at the level of conversations, but at the level of specific documents, and it will be difficult to challenge these documents.

Donbass. In this case, the same process will take place as with the Maidan. Baseless accusations of Republicans, based on statements by Ukrainian politicians and some controversial witnesses, against specific, documented crimes of the Armed Forces of Ukraine and volunteers, against messages from the OSCE mission and international observers.

The evidence base of the parties is not comparable. That there is only one "Alley of Angels" in Donetsk. What is the "air conditioner explosion" in Lugansk? And thousands more civilians perished from the republics. And sabotage in cities, during which civilians died, and which were glorified in Ukraine as a victory of the Ukrainian weapons, the Ukrainian army?

The situation is even more complicated in Crimea. The main emphasis of the representatives of Kiev is placed on the observance of human rights in relation to the Crimean Tatars, members of the banned in Russia "Hizb ut-Tahrir". But even here some nuances emerge. The fact is that this organization is recognized as terrorist not only in Russia, but also in many Western countries. It is doubtful that the West will go to openly admit terrorists as victims.

But Russia's counterarguments are deadly for Ukraine. This is a food and energy blockade, and the blocking of the canal, and the actual genocide of the Crimean people, especially the Crimean Tatars, who traditionally are engaged in agriculture in Crimea. These are saboteurs who were sent to the territory of Crimea by Ukraine. After all, for example, the same saboteur Panov, who for a long time was considered a victim of the Russian FSB, after returning to Ukraine became a national hero precisely as a saboteur.

When the shoemaker bakes pies


Many people today talk about the Hague Tribunal, without even understanding what it is. Someone will be able to explain what this tribunal is doing, where and on what particular street in The Hague it is located, who is the chairman of this tribunal? We are talking about something that in essence does not exist at all. Yes, there are several courts in The Hague dealing with disputes between states, but they are not connected in any way.

The UN spoke a lot about the need to create a single international court. The very idea arose almost immediately after the creation of the organization. But the matter did not go beyond talk. The reason for this lies in the very system of international relations that existed at that time. The Americans opposed the creation of such a court, because it would provide an opportunity to punish US citizens for war crimes. The Russians also did not particularly want their citizens to be tried somewhere outside the USSR. The rest were not asked.

The decision to create a permanent criminal tribunal matured only at the 52nd UN General Assembly. It was there that the legal basis for the creation of such a court was adopted. The so-called Rome Statute, which at that time was signed by 120 states. As you can see, the statute was initially not adopted by all UN member states.

Nevertheless, of all the signatories of this, by July 1, 2002, the statute had been ratified by exactly half of the signatories - 60 states. This day is the official day of the establishment of the ICC. By the way, among those who signed the statute were the USA, Russia and Ukraine. Only by 2002 Ukraine had not ratified what had already been signed. This is generally a problem for Ukrainian politicians. Sign and forget to ratify, for example, the Budapest Memorandum.

However, the membership of the United States and Russia in the statute also turned out to be not eternal. Both countries have withdrawn their signatures from the document. The Americans abandoned the statute under Bush Jr., and we in 2016.

Thus, the decisions of the Hague International Criminal Tribunal are not at all binding for Russia, Ukraine, or even the United States. I will not write about the LPR and the DPR. The republics have not yet been recognized, and therefore cannot be signed by the Roman statute.

In Kiev, there are now quite serious disputes about the need to ratify the statute by Ukraine. But this will not change anything at all in international relations. ICC decisions are binding only for states that have ratified the treaty.

Well, let's wait for the development of events. I don’t think that Ukrainian political experts do not understand the trap into which Ukrainian politicians have driven Ukraine. This means that in the near future we should expect some steps to delay the process of considering the case. Moreover, the new ICC prosecutor will need some time to familiarize himself with the claim. And Covington & Burling will not want to lose such an accommodating "cash cow" ...
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  1. Crowe
    Crowe 19 December 2020 05: 34
    +14
    That there is only one "Alley of Angels" in Donetsk. What is the "air conditioner explosion" in Lugansk? And thousands more civilians perished from the republics. And sabotage in cities, during which civilians died,

    This is a food and energy blockade, and the blocking of the canal, and the actual genocide of the Crimean people, especially the Crimean Tatars, who traditionally are engaged in agriculture in Crimea. These are saboteurs who were sent to the territory of Crimea by Ukraine.

    Yes, the tribunal is crying for them, they have to sue everyone in the Hague for a long time.
    1. Profiler
      Profiler 19 December 2020 05: 56
      +15
      Why does a cat scratch on its back

      Results of the UN vote on the Russian resolution condemning the glorification of Nazism and collaboration.



      Countries that voted against its adoption are shown in red on the scoreboard. two countries iconic.

      Still need some explanations about who, why, why, and where is scraping?
      1. Siberian54
        Siberian54 19 December 2020 07: 08
        +7
        And in the yellow sector - NATO countries // trend however!
        1. BAI
          BAI 19 December 2020 19: 09
          +7
          The current NATO practically in full force in one form or another (except for the USA and England) fought on the side of Hitler against the USSR.
        2. Sotskiy
          Sotskiy 19 December 2020 22: 16
          0
          Quote: Siberian54
          And in the yellow sector - NATO countries // trend however!

          What's the trend? Look at the abstaining countries and look at the WWII map, namely the countries that were or support the Hitlerite coalition. Nothing in the world changes fellow lol
          Only our "reformers" do not know about this, which is understandable, they are reformers and should join the ranks of the "enlightened" holy coalition! laughing
  2. t-12
    t-12 19 December 2020 05: 59
    +4
    How easy it is to form, or rather, manage public opinion in a society where people do not know how, do not want or cannot, are not taught to think


    Ah, tricking me is not difficult! ...
    I'm happy to deceive myself!


    The Ukrainian press pleases the Ukrainian man in the street with European peremogs, frightens the Muscovite-Buryat hordes and reassures the strengthened Ukrainian army. The Ukrainian man in the street gets the sensations he needs for a very reasonable fee. And how much the sensations correspond to reality is already a matter, not too important.
    1. Profiler
      Profiler 19 December 2020 06: 10
      +3
      Quote: t-12
      how much the sensations correspond to reality is already a matter, not too important.

      But you can't fool your gut ... From the declared "peremog", the average country in Ukraine is only systematically impoverished.
  3. rotmistr60
    rotmistr60 19 December 2020 06: 23
    +4
    The author is right that even with the politicized and biased approach of the ICC to the consideration of these cases, it will be difficult for him to completely close his eyes and miss the crimes committed by the Ukrainian side. They used to rejoice in Ukraine, because "a double-edged sword" and the second will surely hit the initiators.
    1. Siberian54
      Siberian54 19 December 2020 07: 11
      +3
      As soon as the time for the crimes of the outskirts comes, the ICC will sharply round off ... It's like the search for billions of GDP, as soon as the English queen emerged, the topic disappeared from the media
      1. Brturin
        Brturin 19 December 2020 13: 13
        0
        Quote: Siberian54
        As soon as the time for the crimes of the outskirts comes, the ICC will round off sharply.

        “In addition, my office discovered that these crimes committed different sides of the conflictwere also serious enough to be investigated. "- Fatou Bensouda - until we wait" the findings will be detailed in our annual report on preliminary examination activities, including three broad clusters: crimes committed in the context of warfare, crimes committed during the time of detention in Crimea "
  4. Avior
    Avior 19 December 2020 06: 50
    +11
    The Russian Federation signed the Rome Statute on September 13, 2000, but never ratified it and thus was not a State party to the International Criminal Court. At the same time, Russia cooperated with the ICC and participated in its work as an observer. On November 16, 2016, Russian President Vladimir Putin issued an order "On sending to the UN Secretary General a notification of the Russian Federation's intention not to become a party to the Rome Statute of the International Criminal Court" [3].

    Only the author, it seems, did not notice that Russia finally decided not to ratify the Rome Statute after Ukraine made a statement there, from which it obviously follows that the Kremlin does not expect anything good from this business for Russia.
    And the article by the author as Pegov's reports about how the Armenians will defeat Azerbaijan. There have already been some in the case of Gazprom.
    The jurisdiction of the court extends to countries that have either signed the statute or have agreed to investigate it in a specific case that occurred in its territory or in relation to its citizens.
    And now, if you think about it, then formally for the Donbass court it is clear what will be the territory of Ukraine, and accordingly the events there will fall under the jurisdiction of the court, regardless of which country's citizens will be accused in cases in Donbass.
    But there is an even more serious aspect. It is highly likely that the ICC can also consider Crimea as the territory of Ukraine, and in Crimea the court will also consider cases and the most serious problem - since 2010, the court has been considering cases of aggression. If the court recognizes Crimea as the territory of Ukraine and is subject to investigation at the request of Ukraine (if it recognizes the territory of Russia, then the investigation into Crimea will not be conducted, since Russia did not file an application), then this automatically entails that the results of the referendum in Crimea were not recognized by the court will, and the whole case will be viewed as Russia's aggression, which is fraught with serious consequences. The United States, of course, did not ratify the Rome Statute, as did Russia, but Europe has ratified it almost in its entirety, and for Europe the court decisions will have very specific legal meanings corresponding to their own legal system. And this entails very serious and unpleasant consequences in the future. It's another matter that such cases are being investigated there very slowly, for years, and it is not known when they will end, but even the very fact of the investigation will create constant news feeds for attacks on Russia.
    And the author somehow frivolously bypassed such nuances.
    Although he wrote about the Maidan, but in fact the case on the Maidan is frozen in the prosecutor's office of the court, so they did not see the jurisdiction of the court on this issue and with a high probability this case will not pass from the prosecutor's office to the court.
    hi
    1. Hagen
      Hagen 19 December 2020 08: 18
      -2
      Quote: Avior
      the author somehow frivolously bypassed such nuances.

      It will not be superfluous to note that the UN Security Council may also, by its decision, refer to the ICC a situation in which there are neither territories nor persons falling under the jurisdiction of the court. At the same time, especially for the supporters of Russia's "active work" in the Ukraine-LPR conflict, a country that is a permanent member of the UN Security Council participating in hostilities may be limited in its veto power over Security Council decisions. Do I need to explain the consequences of such a restriction? It seems that the people who shout "Putin leaked ..." simply do not understand the subtleties of some important processes due to their limited outlook and education. If we talk about the article as a whole, then on such narrowly specialized topics as the one under discussion, where the author is not a specialist, it would be possible to cover the topic in the genre of "interview" with the participation of an international lawyer. Believe me, the knowledge of simple lawyers, such as a retired district inspector, is clearly not enough.
      1. Avior
        Avior 19 December 2020 10: 04
        +5
        To be honest, I have no idea how you can deprive the right of veto. This is one of the foundations of the UN, and this is simply not provided
        1. Hagen
          Hagen 19 December 2020 11: 09
          0
          Quote: Avior
          To be honest, I have no idea how you can take away the veto right.

          ".... Article 27
          Each member of the Security Council has one vote.
          Decisions of the Security Council on matters of procedure are considered adopted when the votes of nine members of the Council are in favor.
          Decisions of the Security Council on all other issues are considered adopted when the votes of nine members of the Council are cast for them, including the coinciding votes of all permanent members of the Council, and the party to the dispute must abstain from voting when making a decision pursuant to Chapter VI and pursuant to article 3, paragraph 52 .... "
          This refers to the crush around the selected fragment.
          1. Tatyana Pershina
            Tatyana Pershina 22 December 2020 14: 55
            0
            How did you decide that Russia will participate in this dispute?
            1. Hagen
              Hagen 22 December 2020 15: 42
              0
              Quote: Tatiana Pershina
              How did you decide that Russia will participate in this dispute?

              Read the conversation before asking a question. Then there will be nothing to ask. wink
    2. domokl
      19 December 2020 09: 05
      +3
      Where did you see the contradiction? Is it that Russia does not expect anything good from the court? Your logic is strange. Modern international law is such a right. And about the fact that the case will be considered for a long time, so what? The decisions of this court are binding only for those who recognize it.
      1. Avior
        Avior 19 December 2020 10: 06
        +4
        Right. Including for the whole of Europe. What will immediately leave a strong imprint on any communication
      2. Motorist
        Motorist 19 December 2020 10: 10
        +2
        Hello. In addition to your article, I will attach Shariy's video - take a look. Thank you.

        https://vk.com/videos-72718092?z=video-72718092_456256424%2Fclub72718092%2Fpl_-72718092_-2
      3. iouris
        iouris 19 December 2020 12: 08
        -1
        Quote: domokl
        What did you see the contradiction in?

        The controversy is that a nuclear great power, a permanent member of the UN, is being tried and recognized by the decisions of some incomprehensible courts. In this case, it would be logical to give up nuclear weapons and their exclusive place in the UN, to sit quietly under the US bench.
    3. The leader of the Redskins
      The leader of the Redskins 19 December 2020 09: 13
      -1
      How easy it is to form, or rather, to control public opinion in a society where people do not know how, do not want or cannot, are not taught to think, look
      What the author, in principle, did ...
      1. Sling cutter
        Sling cutter 19 December 2020 09: 24
        +2
        Quote: Leader of the Redskins
        What the author, in principle, did ...

        The usual thing.
    4. napalm
      napalm 20 December 2020 00: 02
      +1
      The author's optimism, looking at the current realities, is not confirmed by anything.
    5. krops777
      krops777 20 December 2020 04: 41
      +1
      The United States, of course, did not ratify the Rome Statute, as did Russia, but Europe has ratified it practically in its entirety, and for Europe the court decisions will have very specific legal meanings corresponding to their own legal system.


      And why did not they ratify, I think China too, but all because Europe is not at the moment the center of power, their army without the United States is a pitiful spectacle, Russia, China and the United States are the main players in the world and they wanted to spit on the Rome Statute, the GAAG, and other blue pink European values.
  5. aleks neym_2
    aleks neym_2 19 December 2020 10: 16
    0
    What else can you expect from mattress toppers? This is a "nation" - a rabble of bandits, adventurers and other rabble! Who does not take off is the enemy! And we will throw sanctions! Dream: to gather everyone and impose sanctions on them! Utopia? Perhaps, but that would know their PLACE!
    1. iouris
      iouris 19 December 2020 16: 01
      +3
      Quote: aleks neym_2
      "nation" - a rabble of bandits, adventurers and other rabble!

      Well this is capitalism, a market economy. And before capitalism there were no nations.
  6. A_Lex
    A_Lex 19 December 2020 14: 07
    +6
    It's hard to believe that such an article could have been written. After all, already 30 have passed, one could have realized everything for a long time. Or forgot Yugoslavia? And she was quite recently.

    Doesn't anyone else understand that in bourgeois reality not a single court in the world is an independent instance, the purpose of which is to establish the truth and make a fair decision? The court deals with disputes within the framework of the rules, and the rules are set by the owners. The court is always a de facto subordinate instance, regardless of what is written there de jure. If someone seriously hopes that the court will bring the representatives of Ukraine to justice, which will directly affect the current political situation, then he is not even an optimist, but a storyteller. Such expectations are pure manilovism.

    The same Thaci was arrested just now. When his arrest no longer affects anything. When Yugoslavia is destroyed and Kosovo is created and partially recognized. And no court will change this political reality. But for the sake of a purely formal clarification of the truth and the establishment of the guilty, so that the owners cannot be accused of lawlessness, a show trial is taking place over the switchman.
    1. Maximilian37
      Maximilian37 20 December 2020 08: 01
      0
      How to give you 1000 pluses?
  7. BAI
    BAI 19 December 2020 19: 06
    +2
    Neither Russia, nor Ukraine, nor the United States recognize this "tribunal." Therefore, the direct decisions of this "tribunal" are about nothing. It's another matter when other organizations, whose decisions are binding, will make decisions on the basis of the "verdict" of this "tribunal".
  8. APASUS
    APASUS 19 December 2020 21: 08
    +5
    The author somehow picked up the topic of Ukrainian failures and kept silent about ours. Quietly and peacefully Gazprom transferred $ 2,8 billion to Ukraine and silence, nobody writes it here. Silenced Yanukovych’s 3 billion debt and silence again. But these are all our losses in the courts. This is about the training of our lawyers and the level of knowledge, also applies to
  9. Maximilian37
    Maximilian37 20 December 2020 07: 36
    +1
    Do you know how to fail any business? It is enough to write several thousand volumes! No one will ever have enough life to read it all.
  10. lBEARl
    lBEARl 20 December 2020 10: 45
    +3
    Here is the problem: the international courts, under the influence of the EU countries and the United States, interpret the applicability of various international treaties to Russia in a very interesting way. Often it turns out that Russia signed the treaty, but did not ratify in the prescribed manner, however, in an attempt to pull an owl onto the globe, various international arbitration tribunals and courts consider in this case the provisions of these treaties and conventions to be acceptable to Russia, although this contradicts both international law itself and legal principles and legal science. And all would be fine, but the decisions of these courts will be executed in the EU and the USA with all the awarded compensations, arrests of state and quasi-state property, goods, etc. And then the question arises about Russia's low international weight: we can only mumble something vague about the violation of international law. It is very hard to imagine that, by the decision of some arbitration tribunal, they tried to take something away from the USSR. In this case, some operational squadron could appear under the expropriator's side. And for Russia it turns out to be robbery outwardly exposed in a legal form.
    1. your1970
      your1970 20 December 2020 14: 08
      0
      Quote: lBEARl
      ... It is very hard to imagine that by the decision of any arbitration tribunal they tried to take something away from the USSR

      The USSR had extremely little of everything - what would be outside the countries of the military forces and the socialist camp, and what would make sense to take away ...
      That's why we didn't try
  11. Andrei Nikolaevich
    Andrei Nikolaevich 20 December 2020 12: 07
    -1
    Let them devour themselves. These are their difficulties.
  12. Sergey Russky
    Sergey Russky 20 December 2020 15: 49
    +1
    yes there will be no nichrome ..... no courts, no deeds, nichrome
  13. Gardener91
    Gardener91 20 December 2020 17: 24
    +1
    There are no courts, judges and prosecutors independent, impartial and ... untouchable. (((
  14. businessv
    businessv 22 December 2020 14: 56
    +1
    Moreover, the new ICC prosecutor will need some time to familiarize himself with the claim. And Covington & Burling will not want to lose such an accommodating "cash cow" ...
    Alexander, as always, thanks for the interesting and informative article! smile
  15. bandabas
    bandabas 23 December 2020 19: 23
    0
    He continues KVN. Just hung up at the teenage level.
  16. Nick Ram
    Nick Ram 25 December 2020 20: 10
    0
    Ukraine at the beginning "dug a hole", and now wondered how not to get into it itself

    In this case, you need to write "first",. If there was a clarification like "at the beginning of something" - then separately. And then you read the title - and like a sickle in ... eyes))