The Ukrainian Weekly, 2020
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CHRIST IS BORN! ХРИСТОС НАРОДИВСЯ! THE UKRAINIAN WEEKLY Published by the Ukrainian National Association Inc., a fraternal non-profit association Vol. LXXXVIII No. 51 THE UKRAINIAN WEEKLY SUNDAY, DECEMBER 20, 2020 $2.00 Ukrainian government introduces new measures International Criminal Court pushes in response to COVID-19 pandemic for full probe of war crimes in Ukraine by Mark Raczkieywcz KYIV – Ukraine reached another legal breakthrough on the world arena in its efforts to hold Russia accountable for war mongering and human rights abuses in the country when the International Criminal Court (ICC) on December 11 decided to recommend a full-fledged probe. ICC Prosecutor Fatou Bensouda said there was enough evidence to “believe that a broad range of conduct constituting war crimes and crimes against humanity” have occurred and, therefore, warrant further investigation by the court. The key findings came after the court’s six-year preliminary examination, which was mostly based on Ukraine providing Cabinet of Ministers “detailed information” on events that Ukrainian Prime Minister Shmyhal discussed new COVID-19 measures during a encompass the pro-democracy Euro- ICC Prosecutor Fatou Bensouda Cabinet of Ministers meeting on December 9, while Minister of Health Maksym Maidan protests that erupted in November Stepanov joined the meeting via videoconference. 2013, Russia’s illegal annexation of aggression, war crimes and crimes against Ukraine’s Crimean peninsula in early 2014 humanity committed by individuals, not by Roman Tymotsko The new “lockdown” measures will not and its covert invasion of the two eastern- countries. begin until after New Year’s and Christmas most regions of Luhansk and Donetsk. “The day will come when Russian crimi- KYIV – The Cabinet of Ministers of celebrations have concluded. Critics of the The next step, the prosecutor said, is to nals will certainly appear before the court,” Ukraine has adopted a new resolution to new measure have pointed out that, in “request authorization from the judges of Mr. Kuleba said. implement strict “lockdown” measures in waiting to implement the new restrictions the Pre-Trial Chamber of the court to open Neither Ukraine nor Russia are mem- Ukraine for January 8-24 in response to the until after the holidays, Ukraine might see an investigation.” bers of the ICC. However, Ukraine has stat- COVID-19 pandemic. The resolution came an additional spike in COVID-19 cases. Writing on Twitter on December 11, ed in 2014 and 2015 that it will accept the during an extraordinary meeting of Mr. Shmyhal stressed that the govern- Ukrainian Foreign Affairs Minister Dmytro court’s jurisdiction in the Donbas war and Ukraine’s government on December 9, and ment hoped citizens and businesses would Kuleba described the news as a “historic Russia’s annexation of Crimea. Ukrainian Prime Minister Denys Shmyhal understand the logic the government used decision,” saying that “international justice Russia does not acknowledge the ICC’s said that this decision was made following to make the decision to implement the new is not quick, but inevitable.” jurisdiction. discussions with business representatives, The ICC’s probe focused on alleged local authorities, and epidemiologists. (Continued on page 8) transgressions that include genocide, (Continued on page 5) Ukraine soccer association appeals cancellation of Nations League game against Switzerland by Mark Raczkiewycz ions (UEFA), previously determined that the match be forfeited. KYIV – Ukrainian soccer’s governing The CAS gave no timetable regarding body, the Ukrainian Association of Football when a verdict would be issued in (UAF), has taken legal action for reprieve Ukraine’s appeal. Ukraine appealed to the over a game against Switzerland in CAS after UEFA’s appeals body had on Europe’s Nations League tournament that November 25 awarded three points to was cancelled last month as a result of Switzerland while holding Ukraine respon- players testing positive for COVID-19 prior sible for the match not taking place due to to the match. coronavirus-related rules in place for The Lausanne-based Court of Arbitrat- national soccer teams. ion for Sport (CAS) in Switzerland The two sides were scheduled to play in announced on December 11 that it had reg- the league’s top-tier division on November istered UAF’s appeal. It is usually consid- 17 but local authorities decided to cancel ered the final judicial body for sport-relat- the fixture after several Ukrainian players ed disputes, although a final appeal can be tested positive for COVID-19. UEFA defers made to the Swiss Supreme Court. to local public health officials on such deci- A panel of three arbitrators will decide sions in each country where matches take whether Ukraine has the right to resched- place. ule the match, determine the outcome by The entire Ukrainian national team dele- drawing lots or rule that the match be for- Ukrainian Association of Football gation was subsequently placed into man- feited. Europe’s governing body of soccer, Ukrainian national soccer team coach Andriy Shevchenko speaks with reporters dur- the Union of European Football Associat- ing a press conference. (Continued on page 16) 2 THE UKRAINIAN WEEKLY SUNDAY, DECEMBER 20, 2020 No. 51 ANALYSIS Ukrainian-U.K. defense cooperation: Anti-corruption agency’s powers restored rubles, but later the fine was increased to 50,000 rubles, with the deadline date for The Ukrainian Parliament has voted to dismantling extended to December 3. Will London have Kyiv’s back? restore the powers of the National Anti- Ukrainian authorities issued a statement in Corruption Agency (NAZK) as Kyiv is seek- Moreover, London promised to send Royal response, which read: “The Representative by Ihor Kabanenko ing to secure new loans from the Navy ships to the region in order to boost Office of the President of Ukraine in the Eurasia Daily Monitor International Monetary Fund (IMF) to fight Ukraine’s ability to combat threats in the Autonomous Republic of Crimea condemns a sharp economic slump triggered by the On October 7, in the presence of Black Sea (Eurointegration.com.ua, August the latest violations of the occupying state coronavirus pandemic. NAZK’s chief Ukrainian President Volodymyr Zelenskyy, 19). A month after this visit, more than of the Russian Federation against the Oleksandr Novikov hailed the December 15 who was paying an official visit to the 450 British paratroopers, together with Crimean Diocese of the Orthodox Church of vote at the Verkhovna Rada, saying it would United Kingdom, Ukraine’s Defense their Ukrainian counterparts, practiced an Ukraine and its faithful. The decision of the allow the agency to “tackle corruption.” Mr. Minister Andriy Taran and the UK’s airdrop near Mykolaiv, the important port- so-called ‘court’ and further demands to Novikov said that “NAZK resumes all its Secretary of State for Defense Ben Wallace industrial center in southern Ukraine. The dismantle the Burning Bush Church in operations in all major directions now.” In signed a memorandum on enhancing bilat- drop was the largest exercise of this type Yevpatoria are aimed at ousting the October, Ukraine’s Constitutional Court eral cooperation in the military and mili- Ukrainian church from the temporarily carried out by the U.K. in more than 20 struck down some anti-corruption legisla- tary-technical spheres (President.gov.ua, occupied Crimean peninsula. Russia wants years. This show of force notably occurred tion and curbed the powers of the NAZK, October 7; see EDM, October 29). An there to be one Ukrainian Church in as Russia was stepping up its large-scale sparking tensions between President important aspect of this document was a Crimea, an important center of unity of strategic-operational military exercise Volodymyr Zelenskyy, the opposition, and funding pledge from the UK’s export credit Ukrainians.” Similar calls by the Russian Kavkaz 2020 near Ukraine’s boarders members of the court. The U.S. Embassy in agency in the amount of 1.25 billion occupiers to dismantle the church were (UNIAN, September 19). In their joint Kyiv said the European Union, the United pounds ($1.68 billion) for the construction issued on July 23. The so-called “Yevpatoria operation in Ukraine, the U.K. troops effec- States, and several other nations were fol- of missile boats and new naval infrastruc- City Court” also issued a decision in tively covered their hosts’ backs. So, the lowing developments surrounding the ture in Ukraine. November 2019 to dismantle the church. symbolic advantage of such military col- Constitutional Court’s ruling with “growing Missile boats and naval bases are criti- The Prosecutors Office of the Autonomous laboration between a NATO state and non- concern.” The Verkhovna Rada’s move cally important to Ukraine’s capacity to Republic of Crimea and the city of NATO partner was clearly on display. comes amid international concerns over deter an enemy as well as respond in a cri- Sevastopol said it would provide an appro- It is instructive to view the joint Kyiv’s slow progress on reforms and anti- sis in the Black Sea and the Sea of Azov. priate legal assessment of these actions of UK-Ukrainian paratrooper operation near corruption efforts that have hobbled the These capabilities are crucial to Ukraine in representatives of the occupation authori- Mykolaiv as well as the broader defense implementation of a $5 billion program this closed maritime theater considering ties as part of the criminal proceedings. partnership against the background of the agreed in June with the IMF. Ukraine’s Russia’s overwhelming superiority when it “Such actions of the occupiers,” the office lessons learned from the recent Karabakh economy is expected to contract by 5 per- comes to anti-ship missiles. At least eight added, “are a direct violation of interna- war in the South Caucasus. Defense cent this year, dragged into recession by the UK-designed missile boats equipped with tional humanitarian law and another con- experts from around the world continue to COVID-19 pandemic.