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The first report on genocide in Ukraine – eloquent conclusions of international researchers

31.05.2022

Source: НотаЄнота  

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 The report "Independent Legal Analysis of the Russian Federation's Violation of the Convention on Genocide in Ukraine and the Obligation to Prevent" was published. Briefly about the main thing.

The analytical report and report was prepared by a team from the American NewLines Institute and the Raoul Wallenberg Center in Canada. Among the team are researchers who studied the genocides of the Rohingya and Uighurs, including the first report on the Xinjiang genocide within the meaning of the 1948 Genocide Convention, according to the publication of the public note of the NoteRaccoon volunteer initiative.

Briefly about the conclusions

Experts have concluded that Russia, as a state, is responsible for violating Article II and Article III (c) of the Genocide Convention, which it is obliged to abide by. They also concluded that there was undoubtedly a very serious risk of genocide. In turn, the Genocide Convention obliges signatory states to take appropriate action to help prevent genocide and protect the vulnerable population of Ukraine from the imminent threat of genocide.

Rationale

The Ukrainian national group is recognized at the national and international levels, as well as by Russia in official interstate relations. Thus, this group is protected by the Genocide Convention.

  • Experts note that under Article III (c) of the Genocide Convention, direct and public incitement to commit genocide is a separate crime, whether or not it leads to genocide.
  • Researchers have noted that Russian officials and state media commentators have repeatedly denied the existence of Ukrainian identity, implying that those who identify themselves as Ukrainians threaten Russian unity or indulge in Nazism and therefore deserve punishment. 
  • There is such a technology of "accusation in the mirror".  Analysts note that this is the most powerful historical recurrence of incitement, when an attacker accuses the target group of planning the atrocities he intends to commit, portraying the target group as an existential threat, and violence against it - self defense and necessity.  President putin and Russian officials have accused Ukraine of genocide or the extermination of civilians in Russian separatist-controlled areas as a pretext for invading Ukraine.
  • Using the terms "denazification" and dehumanization, Russian officials and state media portray a significant part or all of the generation of Ukrainians as Nazis and mortal enemies, making them a legitimate or necessary target for destruction.
  • "In the Russian context, a state-sponsored incitement campaign openly links the current invasion to the Soviet Union's existential war with Nazi Germany — increasing the impact of propaganda on Russian audiences to commit or endorse mass atrocities," the researchers said.
  • The Kremlin denies the atrocities committed by its forces and rewards soldiers suspected of massacres in Ukraine, giving soldiers the opportunity to commit and the Russian public to approve of further crimes.
    Analysts also point to the intention of genocide, ie the intention to destroy (a protected group) as such, in whole or in part. The five acts of genocide - murder, grievous bodily harm, deliberate creation of living conditions designed for physical destruction, measures to prevent births and forcible transfer of children to another group - may also indicate intentions for genocide, taken together.
  • And experts have found evidence that clearly indicates the intention of the genocide of Ukrainians by Russia.

They also describe in detail the model of genocide used by Russia against Ukrainians:

  1.  Mass murders: executions, torture before death, close-range executions, massacre in Bucha, mass graves. "The number of mass graves in Russian-controlled areas is growing rapidly, as documented by investigators and satellite images, although the full extent of the killings will not be known until access to Russian-controlled areas is gained," the report said.

  2. Deliberate attacks on shelters, evacuation routes and humanitarian corridors.

  3. Indiscriminate bombing of residential areas.

  4. Russian military sieges: deliberate and systematic creation of life-threatening conditions. Experts note that Russian troops are simultaneously and consciously creating living conditions designed for physical destruction. They are destroying critical infrastructure, attacking health facilities, including maternity hospitals, destroying and seizing humanitarian aid, basic necessities and grain.

  5. Acts of genocide also include a large number of rapes and violence.

  6. Russia has reported the relocation of more than a million people from Ukraine to Russia since the invasion, including more than 180,000 children. Refugees and officials report being forcibly displaced or threatened with use of force. The forcible transfer of Ukrainian children to Russia is an act of genocide under Article II (e) of the Genocide Convention.


States have a legal obligation to prevent genocide beyond their borders as soon as they become aware of the serious threat of genocide - this threshold is clearly set out in this report, so States can no longer deny knowledge of it. The Genocide Convention imposes a minimum legal obligation on States to take appropriate action to help prevent genocide and protect the vulnerable population of Ukraine from the imminent threat of genocide.

 You can read the full text of the report here .

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