22 February 2022, New York/ Kyiv
Parliamentarians for Global Action strongly condemn the Russian Federation’s recognition of the so-called Donetsk and Luhansk People’s Republics (LPR/DPR) in eastern Ukraine as independent States and the order to deploy Russian troops into these regions. Collectively known as Donbass, these two regions are part of Ukraine but have been occupied by pro- Russian separatists since 2014.
These unacceptable actions constitute a manifest violation of international law, the UN Charter, the sovereignty, independence, and territorial integrity of Ukraine, as well as the Minsk Agreements. They impact not only Ukraine, but us all as they constitute a threat to peace and security to the international communityMs. Kasthuri Patto, MP (Malaysia), PGA’s President
For many months, up to 190,000 soldiers of the Russian armed forces have been amassing near the Ukrainian border. With the today’s incursion into eastern Ukraine, Russia has violated again one of the most important norms of international law – the prohibition on the threat or use of force, enshrined in Article 2(4) of the Charter of the United Nations.
Further, the military invasion of Russian forces, irrespective of the pretext used, also breaches another central provision of international law- the peremptory prohibition of aggression (a jus cogens norm), criminalised also under the Rome Statute of the International Criminal Court (ICC). The UN General Assembly has defined aggression as “[t]he invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof”.
Ms. Maryna Bardina, MP (Ukraine), PGA Member, emphasises the importance of implementing the sanctions by international partners:
The Verkhovna Rada has just adopted astatementurging our international partners to support our country’s inviolability by bolstering our defence and imposing strong sectoral, economic and personal sanctions against Russia and its authorities. This simply must be done in response to recognition by Russia of the independence of illegal entities in certain areas of Donetsk and Luhansk regions - a blatant violation of international law. In this context, we welcome and appreciate powerful sanctions imposed by the UK against Russian banks and individuals, the German Chancellor’s decision to suspend the certification of the Nord Stream 2 pipeline, as well as the EU’s sanctions against Russian persons, companies, and those in State Duma who voted in favour of the recognition. We urge all states to reject Russia’s unlawful decision to recognise the independence of the illegal self-proclaimed entities with decisive sanctions.
Ms. Oleksandra Matvyichuk, Chairwoman of Centre for Civil Liberties of Ukraine, echoed the importance of the response by both the West and Ukraine:
By recognizing the so-called LPR/DPR and deploying troops to the occupied Donbass, President Putin deliberately took a step towards aggravating the situation. Now a lot depends on the West, because if its reaction is beyond the level of a serious challenge, President Putin will be tempted to increase pressure on Ukraine.
It would be crucial for Ukraine to demonstrate its readiness to bring to accountability for war crimes on the consequences of the violations of a possible escalation of the situation. In order to be able to do so, Ukraine has to immediately ratify the Rome Statute of the ICC and promulgate the International Humanitarian Law implementation bill 2689 adopted already in May 2021.
The Russian Federation’s decision, implemented by a decree signed by the Russian President, further represents a unilateral violation the 2014-15 Minsk Peace Agreements that, although still unimplemented, have until now been consideredas the only basis for a settlement of the conflict in Donbass. While the Minsk II agreementprovides fora special status of these regions inside Ukraine, it stipulates the full return of these areas to the control of the Ukrainian government.
On behalf of PGA and the international community, we urge Russia to reverse its unlawful recognition, uphold its international commitment to a rules - based international order, and abide by the norms and principles all members of the United Nations must adhere to and abide by. Mr. Ali Ehsassi, MP (Canada), Member of PGA’s Executive Board
The ICC’s jurisdiction
The crime of aggression is one of the four core crimes subject to the jurisdiction of the ICC, which has been conducting a preliminary examination over the situation in Ukraine since 2014. However, the ICC will not be able to adjudicate on the crime of aggression in relation to the conflict in Ukraine, as its jurisdictional remit is limited in consideration of this crime. Specifically, the jurisdictional regime concerning the crime of aggression is limited to ICC States Parties that have accepted the jurisdiction over the crime of aggression. Accordingly, as Russia is not an ICC member-state, such an action is not a matter that the Office of the Prosecutor of the ICC can investigate.
However, the ICC could prosecute the crimes of genocide, crimes against humanity, and war crimes committed as a result of the armed invasion on the basis of two “ad hoc” declarations submitted by Ukraine in 2014 and 2015 that granted the ICC jurisdiction to consider the perpetration of international crimes committed on Ukrainian territory since 20 February 2014. In 2020, the ICC Office of the Prosecutor concluded that there is a reasonable basis to believe that a broad range of grave conduct constituting war crimes and crimes against humanity were committed. The next step will be to request authorisation from the Judges of the Pre-Trial Chamber of the Court to open an investigation.
