Classical Realist and Norm-Based Constructivist Analysis of Russia's
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Academia Militar
ACADEMIA MILITAR Análise da Intervenção Russa na Crimeia Autor: Aspirante de Cavalaria Tiago Filipe Simões Ramos Orientador: Professor Catedrático António José Telo Mestrado Integrado em Ciências Militares, na especialidade de Cavalaria Relatório Científico Final do Trabalho de Investigação Aplicada Lisboa, setembro de 2019 ACADEMIA MILITAR Análise da Intervenção Russa na Crimeia Autor: Aspirante de Cavalaria Tiago Filipe Simões Ramos Orientador: Professor Catedrático António José Telo Mestrado Integrado em Ciências Militares, na especialidade de Cavalaria Relatório Científico Final do Trabalho de Investigação Aplicada Lisboa, setembro de 2019 EPÍGRAFE “Submeter o inimigo sem combater é a excelência suprema.” Sun Tzu i DEDICATÓRIA À minha família. ii AGRADECIMENTOS Esta dissertação representa o culminar dos anos de trabalho, cujo produto não vem só do esforço individual, mas também do apoio de muitos outros, cuja menção é necessária para lhes dar o merecido mérito. Quero começar por agradecer à Academia Militar, instituição que me acolheu, sem a qual não estaria onde estou. Ao Curso Tenente General Bernardim Freire de Andrade, o meu curso de entrada, por todos os momentos partilhados, no “conhaque” e no “trabalho”, desde o início até ao fim da viagem. Ao curso Tenente General de Artilharia e Engenheiro Mor Luís Serrão Pimentel, por me ter acolhido a meio caminho e nunca me ter desenquadrado. Em ambos tenho amigos, sem os quais os longos anos tinham sido ainda mais longos. Ao meu diretor de curso, o Tenente-Coronel de Cavalaria Baltazar, pela dedicação, empenho e paciência na transmissão dos ensinamentos e pela integração no espírito da arma. Ao meu orientador, Professor Catedrático António Telo, cujos conhecimentos e orientação permitiram o desenvolvimento deste trabalho. -
International Crimes in Crimea
International Crimes in Crimea: An Assessment of Two and a Half Years of Russian Occupation SEPTEMBER 2016 Contents I. Introduction 6 A. Executive summary 6 B. The authors 7 C. Sources of information and methodology of documentation 7 II. Factual Background 8 A. A brief history of the Crimean Peninsula 8 B. Euromaidan 12 C. The invasion of Crimea 15 D. Two and a half years of occupation and the war in Donbas 23 III. Jurisdiction of the International Criminal Court 27 IV. Contextual elements of international crimes 28 A. War crimes 28 B. Crimes against humanity 34 V. Willful killing, murder and enforced disappearances 38 A. Overview 38 B. The law 38 C. Summary of the evidence 39 D. Documented cases 41 E. Analysis 45 F. Conclusion 45 VI. Torture and other forms of inhuman treatment 46 A. Overview 46 B. The law 46 C. Summary of the evidence 47 D. Documented cases of torture and other forms of inhuman treatment 50 E. Analysis 59 F. Conclusion 59 VII. Illegal detention 60 A. Overview 60 B. The law 60 C. Summary of the evidence 62 D. Documented cases of illegal detention 66 E. Analysis 87 F. Conclusion 87 VIII. Forced displacement 88 A. Overview 88 B. The law 88 C. Summary of evidence 90 D. Analysis 93 E. Conclusion 93 IX. Crimes against public, private and cultural property 94 A. Overview 94 B. The law 94 C. Summary of evidence 96 D. Documented cases 99 E. Analysis 110 F. Conclusion 110 X. Persecution and collective punishment 111 A. Overview 111 B. -
The Occupation of Crimea: No Markings, No Names and Hiding Behind Civilians
THE OCCUPATION Analysis OF CRIMEA: NO MARKINGS, NO NAMES AND HIDING BEHIND CIVILIANS Кyiv 2019 Регіональний центр прав людини © Українська Гельсінська спілка з прав людини, 2019 THE OCCUPATION OF CRIMEA: NO MARKINGS, NO NAMES AND HIDING BEHIND CIVILIANS CONTENTS Abbreviations 5 Preface 5 Introduction 9 Methodology 11 1. Instances of the use of human shields during the surrounding, blocking off and capture of military bases of the Armed Forces of Ukraine 13 2. Instances of the use of «little green men» – soldiers in unmarked uniforms 23 3. Instances of perfidy and unlawful use of emblems and uniforms of the adversary during the blocking off and capture of military bases of the Armed Forces of Ukraine 30 Conclusion 33 no markings, no names and hiding behind civilians UHHRU • 2019 3 Abbreviations: ARC, Crimea, Crimean Peninsula Autonomous Republic of Crimea AFU Armed Forces of Ukraine AFRF Armed Forces of the Russian Federation IHL International Humanitarian Law GC IV IV Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 GC III III Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949 AP I to GC Additional Protocol I to the Geneva Conventions of 8 June 1977 ICC International Criminal Court ICTY International Criminal Tribunal for the former Yugoslavia 10th Brigade 10th Naval Aviation Brigade of the Ukrainian Navy UN United Nations RCHR Regional Center for Human Rights UHHRU Ukrainian Helsinki Human Rights Union BSF Black Sea Fleet of the Russian Federation 4 UHHRU • 2019 THE OCCUPATION OF CRIMEA Foreword Anton KORYNEVYCH Kyiv, Ukraine Candidate of Law Sciences, Permanent Representative of Ukraine’s President in the AR Crimea IN EARLY 2014, UKRAINE encountered challenges it had not known since gaining independence in 1991. -
Situation in Ukraine
COMMUNICATION SUBMITTED UNDER ARTICLE 15 OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT SITUATION IN UKRAINE: WAR CRIMES AND CRIMES AGAINST HUMANITY COMMITTED IN PRISONS SEIZED AND CONTROLLED BY ANTI-GOVERNMENT FORCES September 2020 TABLE OF ABBREVIATIONS ATO Anti-Terrorist Operation CF Correctional Facility DPR Donetsk Peoples’ Republic ECHR European Convention on Human Rights ECtHR European Court of Human Rights FIDH International Federation for Human Rights IAC International Armed Conflict ICC International Criminal Court ICTY International Criminal Tribunal for the Former Yugoslavia KHPG Kharkiv Human Rights Protection Group LPR Luhansk Peoples’ Republic NIAC Non-International Armed Conflict PTDC Pre Trial Detention Centre SBU Ukrainian State Security UAF Ukrainian Armed Forces The preparation and elaboration of this FIDH-KHPG Communication were made possible thanks to the support of the United Nations Development Programme in Ukraine, International Renaissance Foundation, the European Commission, Open Society Foundations, National Endowment for Democracy (United States), the Democracy Commission of the United States Embassy in Ukraine, and the Ministry of Foreign Affairs of the Netherlands. The contents of this publication are the sole responsibility of FIDH and KHPG and can in no way be taken to reflect the views of the aforementioned supporting institutions. 2 TABLE OF CONTENTS Table of abbreviations 2 I. Introduction 4 II. Executive Summary 6 III. Filing Parties 9 IV. Methodology 12 V. Factual Background 17 A. Outbreak of Armed Conflict in Eastern Ukraine 17 B. Ukrainian Prisons in Donetsk and Luhansk Provinces Prior 24 to the Outbreak of Armed Conflict C. Impact of the Outbreak of Armed Conflict on Prisoners in 24 Eastern Ukraine D. -
Baltic States And
UNCLASSIFIED Asymmetric Operations Working Group Ambiguous Threats and External Influences in the Baltic States and Poland Phase 1: Understanding the Threat October 2014 UNCLASSIFIED UNCLASSIFIED Cover image credits (clockwise): Pro-Russian Militants Seize More Public Buildings in Eastern Ukraine (Donetsk). By Voice of America website (VOA) [Public domain], via Wikimedia Commons, http://commons.wikimedia.org/wiki/File:VOAPro- Russian_Militants_Seize_More_Public_Buildings_in_Eastern_Ukraine.jpg. Ceremony Signing the Laws on Admitting Crimea and Sevastopol to the Russian Federation. The website of the President of the Russian Federation (www.kremlin.ru) [CC-BY-3.0 (http://creativecommons.org/ licenses/by/3.0)], via Wikimedia Commons, http://commons.wikimedia.org/wiki/File:Ceremony_signing_ the_laws_on_admitting_Crimea_and_Sevastopol_to_the_Russian_Federation_1.jpg. Sloviansk—Self-Defense Forces Climb into Armored Personnel Carrier. By Graham William Phillips [CCBY-3.0 (http://creativecommons.org/licenses/by/3.0)], via Wikimedia Commons, http://commons.wikimedia. org/wiki/File:BMDs_of_Sloviansk_self-defense.jpg. Dynamivska str Barricades on Fire, Euromaidan Protests. By Mstyslav Chernov (http://www.unframe.com/ mstyslav- chernov/) (Own work) [CC-BY-SA-3.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia Commons, http://commons.wikimedia.org/wiki/File:Dynamivska_str_barricades_on_fire._ Euromaidan_Protests._Events_of_Jan_19,_2014-9.jpg. Antiwar Protests in Russia. By Nessa Gnatoush [CC-BY-2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons, http://commons.wikimedia.org/wiki/File:Euromaidan_Kyiv_1-12-13_by_ Gnatoush_005.jpg. Military Base at Perevalne during the 2014 Crimean Crisis. By Anton Holoborodko (http://www. ex.ua/76677715) [CC-BY-SA-3.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia Commons, http://commons.wikimedia.org/wiki/File:2014-03-09_-_Perevalne_military_base_-_0180.JPG. -
ENGLISH Only
FSC.DEL/163/16 15 September 2016 ENGLISH only Permanent Mission of Ukraine to the International Organizations in Vienna Statement by the Delegation of Ukraine at the 828th FSC Plenary Meeting (14 September 2016 at 10.00, Hofburg) (Agenda item 2) Mr. Chairman, As this is the first regular plenary meeting of the FSC in the third trimester of 2016 let me first of all warmly welcome the new FSC Chairmanship of Portugal and wish them every success in guiding our work in the third trimester of 2016. We are grateful to H.E. Dr. Augusto Santos Silva, Minister for Foreign Affairs of Portugal, for his opening statement outlining the main priorities and planned activities of the FSC Chairmanship. Mr. Chairman, Distinguished colleagues, Over the FSC summer recess the security situation in Donbas along the contact line had been markedly deteriorating. Continuous ceasefire violations by the combined Russian-separatist forces had been on a sharp rise in August, which further worsened the humanitarian situation. The attacks employed battle tanks, infantry fighting vehicles, 152mm artillery, 120mm and 82mm mortars along the entire line of contact with an average intensity of 94 times per day. Over past two months 43 Ukrainian soldiers lost their lives and 192 were wounded. In compliance with the recent arrangement on silence regime from 1 September, Ukrainian armed forces strictly observed the ceasefire. During the first day the security situation across the contact line became controlled, number of attacks decreased significantly, and the use of prohibited by Minsk agreements weapons, stopped. However, after two days the combined Russian-separatist forces again launched attacks using mortars of caliber 82mm and 120 mm. -
The Ukrainian Weekly 2014, No.36
www.ukrweekly.com INSIDE: Analysis: Putin’s war for “Novorossiya” – page 2 Flashmobs demonstrate diaspora unity with Ukraine – page 5 Over 2,500 at Ukrainian Folk Festival at Tryzubivka – page 11 THEPublished U by theKRAINIAN Ukrainian National Association Inc., a fraternal W non-profit associationEEKLY Vol. LXXXII No. 36 THE UKRAINIAN WEEKLY SUNDAY, SEPTEMBER 7, 2014 $2.00 Europe’s leaders frustrated Paslawsky honored as hero with burial at Askold’s Grave in their failure to halt Putin by Zenon Zawada by Zenon Zawada KYIV – The way his friends and acquaintances tell it, you couldn’t find KYIV – If Europe’s leaders needed a splash of anyone more devoted to Ukraine than cold water to realize just what kind of force they’re Mark Paslawsky, 55, who grew up in New up against, Russian President Vladimir Putin pro- Jersey, settled in his ancestral homeland vided it on August 27, when his soldiers took con- upon its independence and followed in trol of the strategic port city of Novoazovsk in the his father’s footsteps to defend its land Donetsk region that was invaded three days earlier. from Muscovite occupation. Until that point, the Russian armed forces Only a week had passed since he covertly supported pro-Russian separatists in was killed on August 19 in the Donbas Donbas with unmarked mercenaries. With the dis- war, yet Paslawsky was already being organized separatists facing imminent defeat, how- spoken of as a Ukrainian legend at his ever, the Russian military resorted to an open inva- funeral in Kyiv on August 26. sion, amid persistent denials of doing so and Enshrining that legendary status was despite evidence gathered by Western govern- the Ukrainian government’s approval of ments. -
Bat Census in Crimean Caves
A final report on the BP Conservation project Bat census in Crimean caves Project country Ukraine Project area Crimean Mountains and South-Eastern steppe part (the Kerch peninsula) of the Crimea (Crimean Autonomous Republic) Project's terms May 2004 – May 2005 Project leader Lena Godlevska Address Ukraine, 01601, Kyiv-30, Bohdan Khmelnitsky Str., 15., MSP, Schmalhausen Institute of Zoology Telephone +38044-424-12-91 +38067-810-56-31 Fax +38044-424-12-91 E-mail [email protected] [email protected] Kyiv - 2007 CONTENTS CONTENTS....................................................................................................................................2 BACKGROUND ..............................................................................................................................4 1. DATABASE ON BATS' RECORDS OF THE REGION ........................................................................6 1.1. General............................................................................................................................6 1.2. List of literary sources used in the database ..................................................................7 2. FIELDWORK ............................................................................................................................10 2.1. Methods.........................................................................................................................10 2.2. List and short description of examined underground cavities......................................10 -
Ukraine 2014 International Religious Freedom Report
UKRAINE 2014 INTERNATIONAL RELIGIOUS FREEDOM REPORT In February Russian forces occupied Crimea. On March 18, Russia announced Crimea had become part of Russia. UN General Assembly Resolution 68/262, adopted on March 27, and entitled “Territorial Integrity of Ukraine,” states the Autonomous Republic of Crimea remains internationally recognized as within Ukraine’s international borders. The U.S. government does not recognize the attempted annexation of Crimea by the Russian Federation and considers Crimea still to be a part of Ukraine. UKRAINE Executive Summary The constitution protects freedom of religion and belief and provides for the separation of church and state. According to the law on religion, the objective of domestic religious policy is to foster the creation of a tolerant society and provide for freedom of conscience and worship. Religious leaders urged an end to politically-motivated religious assaults and other violence in the stand-off between the Yanukovych government and anti-regime protesters. Religious and political groups both called for the Yanukovych government to cease threats to end the religious activities of the Ukrainian Greek Catholic Church (UGCC) after the UGCC had ministered to the protesters, and to end its incitement of anti-Semitic acts as part of a public campaign to discredit the political opposition. Following the changeover to a transitional administration and then under the Poroshenko government, religious leaders called for dialogue and reconciliation between all sectarian and political groups in support of national unity. In April Russian-backed separatists proclaimed the so-called Donetsk and Luhansk People’s Republics (“DPR” and “LPR”) in the region known as the “Donbas.” The separatists kidnapped, beat, and threatened Protestants, Catholics, and members of the Ukrainian Orthodox Church of the Kyiv Patriarchate (UOC-KP) and participated in anti-Semitic acts. -
Hybrid Conflict: the Roles of Russia, North Korea and China
Hybrid Conflict: The Roles of Russia, North Korea and China Edited by: Frans-Paul van der Putten, Minke Meijnders, Sico van der Meer and Tony van der Togt A report by the Dutch National Network of Safety and Security Analysts (ANV) May 2018 Hybrid Conflict: The Roles of Russia, North Korea and China Edited by: Frans-Paul van der Putten, Minke Meijnders, Sico van der Meer and Tony van der Togt A report by the Dutch National Network of Safety and Security Analysts (ANV) May 2018 About the National Network of Safety and Security Analysts This report is the outcome of a project conducted by the Clingendael Institute as a member of the Dutch National Network of Safety and Security Analysts (ANV) on behalf of the National Coordinator for Security and Counterterrorism (NCTV) of the Netherlands. The ANV is a knowledge network that was established in 2010. The ANV consists of a permanent core of six organisations surrounded by a network of organisations such as knowledge institutions, research agencies, civil services, safety regions, critical infrastructure sectors, private companies and consultancy firms which are engaged in the production of the National Risk Assessment (NRA) and underlying studies depending on the knowledge requirement. The permanent core consists of: • The National Institute for Public Health and the Environment (RIVM) • The Research and Documentation Centre (WODC), Ministry of Security and Justice • The General Intelligence and Security Service of the Netherlands (AIVD) • The Netherlands Organisation for Applied Scientific Research (TNO) • The Netherlands Institute of International Relations ‘Clingendael’ • The International Institute of Social Studies (ISS) of the Erasmus University Rotterdam May 2018 © The Netherlands Institute of International Relations ‘Clingendael’. -
Case Concerning Application of The
INTERNATIONAL COURT OF JUSTICE CASE CONCERNING APPLICATION OF THE INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF THE FINANCING OF TERRORISM AND OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (UKRAINE V. RUSSIAN FEDERATION) VOLUME III OF THE ANNEXES TO THE WRITTEN STATEMENT OF OBSERVATIONS AND SUBMISSIONS ON THE PRELIMINARY OBJECTIONS OF THE RUSSIAN FEDERATION SUBMITTED BY UKRAINE 14 JANUARY 2019 TABLE OF CONTENTS Albin Eser, Mental Elements, in THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT (Antonio Cassese et al. eds., OUP 2002) Doug Cassel, Corporate Aiding and Abetting of Human Rights Violations: Confusion in the Courts, Northwestern Journal of International Human Rights, Vol. 6 (2008) Antonio Vallini, Mens Rea: Mistake of Fact and Mistake of Law, in THE OXFORD COMPANION TO INTERNATIONAL CRIMINAL JUSTICE (Antonio Cassese ed., 2009) Kai Ambos, Treatise on International Criminal Law, Vol. I: Foundations and General Part (2013) William A. Schabas, The International Criminal Court: A Commentary on the Rome Statute (2d ed., OUP, 2016) Richard Gardiner, TREATY INTERPRETATION (2d ed., 2015) Lee Jarvis & Tim Legrand, The Proscription or Listing of Terrorist Organisations: Understanding, Assessment, and International Comparisons, Terrorism and Political Violence, Vol. 30 (2018) CBS News, “Multiple Kidnappings for Ransom” Funding ISIS, Source Says (21 August 2014) Lingvo Universal Russian-to-English Dictionary, направлять (software ed., 2018) Lingvo Universal Russian-to-English Dictionary, умышленно (software ed., 2018) OHCHR, Report On the Human Rights Situation in Ukraine (16 August to 15 November 2018) U.N. General Assembly Resolution No. 71/205, U.N. Doc. A/RES/71/205, Situation of Human Rights in the Autonomous Republic of Crimea and the City of Sevastopol, Ukraine (19 December 2017) 1 U.N. -
The Crimea Platform: Strategy, Consolidation, Synergy Consequences of the Occupation
The Crimea Platform: strategy, consolidation, synergy Consequences of the occupation After the beginning of the Russian occupation of Crimea in 2014 two aspects stand out as the most visible consequences of the occupation: Militarization of Crimea and surrounding waters of the Black and Azov seas • threats to the security of the Black sea region and the Mediterranean basin • potential carriers of nuclear weapons (combat aircraft, missile systems, warships) are deployed in the occupied Crimea. For example, Kalibr cruise missile if armed with a nuclear warhead has a range up to 2,600 km Widespread gross violations of human rights law and international humanitarian law • The Russian occupation administration pursues the policy of forcible demographic change, political persecutions, criminalization of free speech, racial discrimination, curtailing religious freedoms, suppressing the Ukrainian language The ongoing militarisation Russian forces in Crimea Deployment of occupational forces Before December 2025 the occupation 2020 projection (January 2014) UKRAINE 12500 32500 43000 BSF – 195 255 81 BSF 0 81 BSF 0 92 410 800 SS 24 283 340 30 31 22 100 150 MS 12 22 6 41 810 37 50 90 AS 8 22 2 BSF – 12 16 197 2 15 Simferopol 26 68* 76* PB 68 27 4 2 7* 8* 127 Perevalne Belbek Sevastopol The Black Sea * Including “Kaliber”-type cruise missile carriers in Novorossiysk Source: Ministry of Defense of Ukraine Russian military activities disrupt freedom of navigation The Kerch Strait (the only maritime route to/from the Sea of Azov) is occupied and controlled