by Kit Klarenberg
Part 3 - Kiev goes in for the kill
The ICJ has now effectively confirmed that the entire mainstream narrative of what happened in Crimea and Donbas over the previous decade was fraudulent. Some legal scholars have argued Ukraine’s acquittal on charges of genocide to be inevitable. Yet, many statements made by Ukrainian nationalists since Maidan unambiguously indicate such an intent.
Moreover, in June 2020, a British immigration court granted asylum to Ukrainian citizens who fled the country to avoid conscription. They successfully argued that military service in Donbas would necessarily entail perpetrating and being implicated in “acts contrary to the basic rules of human conduct” – in other words, war crimes – against the civilian population.
The Court’s ruling noted the Ukrainian military routinely engaged in “unlawful capture and detention of civilians with no legal or military justification…motivated by the need for ‘currency’ for prisoner exchanges.” It added there was “systemic mistreatment” of detainees during the “anti-terrorist operation” in Donbas. This included “torture and other conduct that is cruel, inhumane and degrading treatment.” An “attitude and atmosphere of impunity for those involved in mistreating detainees” was observed.
Moreover, in June 2020, a British immigration court granted asylum to Ukrainian citizens who fled the country to avoid conscription. They successfully argued that military service in Donbas would necessarily entail perpetrating and being implicated in “acts contrary to the basic rules of human conduct” – in other words, war crimes – against the civilian population.
The Court’s ruling noted the Ukrainian military routinely engaged in “unlawful capture and detention of civilians with no legal or military justification…motivated by the need for ‘currency’ for prisoner exchanges.” It added there was “systemic mistreatment” of detainees during the “anti-terrorist operation” in Donbas. This included “torture and other conduct that is cruel, inhumane and degrading treatment.” An “attitude and atmosphere of impunity for those involved in mistreating detainees” was observed.
The judgment also recorded “widespread civilian loss of life and the extensive destruction of residential property” in Donbas, “attributable to poorly targeted and disproportionate attacks carried out by the Ukrainian military.” Water installations, it recorded, “have been a particular and repeated target by Ukrainian armed forces, despite civilian maintenance and transport vehicles being clearly marked…and despite the protected status such installations enjoy” under international law.
All of this could quite reasonably be argued to constitute genocide. Regardless, the British asylum judgment amply underlines who Ukraine was truly fighting all along – its own citizens. Moscow could furthermore reasonably cite recent disclosures from Angela Merkel and Francois Hollande that the 2014-15 Minsk Accords were, in fact, a con, never intended to be implemented, buying Kiev time to bolster its stockpiles of Western weapons, vehicles, and ammunition, as yet further proof of Ukraine’s malign intentions in Donbas.
The Accords did not provide for secession or independence for the Donetsk and Lugansk People’s Republics but for their full autonomy within Ukraine. Russia was named a mediator, not a party, to the conflict. Kiev was to resolve the dispute directly with rebel leaders. These were crucial legal distinctions about which Ukraine and its overseas backers were immensely displeased. They repeatedly attempted over subsequent years to compel Moscow to designate itself formally as a party to the conflict despite Russia’s minimal role in the conflict.
All of this could quite reasonably be argued to constitute genocide. Regardless, the British asylum judgment amply underlines who Ukraine was truly fighting all along – its own citizens. Moscow could furthermore reasonably cite recent disclosures from Angela Merkel and Francois Hollande that the 2014-15 Minsk Accords were, in fact, a con, never intended to be implemented, buying Kiev time to bolster its stockpiles of Western weapons, vehicles, and ammunition, as yet further proof of Ukraine’s malign intentions in Donbas.
The Accords did not provide for secession or independence for the Donetsk and Lugansk People’s Republics but for their full autonomy within Ukraine. Russia was named a mediator, not a party, to the conflict. Kiev was to resolve the dispute directly with rebel leaders. These were crucial legal distinctions about which Ukraine and its overseas backers were immensely displeased. They repeatedly attempted over subsequent years to compel Moscow to designate itself formally as a party to the conflict despite Russia’s minimal role in the conflict.
As a 2019 report published by the Soros-funded International Crisis Group (ICG), “Rebels Without A Cause” found, “the conflict in eastern Ukraine started as a grassroots movement… Demonstrations were led by local citizens claiming to represent the region’s Russian-speaking majority.” Moscow only began providing financial and material support to the rebels after Ukraine’s “counter-terror” operation in Donbas started in April 2014. And it was meager at that.
The ICG found that Russia’s position was consistent: the two breakaway republics remain autonomous subjects within Ukraine. This frequently put the Kremlin at significant odds with the rebel leadership, who acted in their own interests and rarely followed orders. The report concluded that Moscow was ultimately “beholden” to the breakaway republics, not vice versa. Rebel fighters wouldn’t put down their arms even if Vladimir Putin personally demanded them to.
Given present-day events, the report’s conclusions are eerie. The ICG declared the situation in Donbas “ought not to be narrowly defined as a matter of Russian occupation” and criticized Kiev’s “tendency to conflate” the Kremlin and the rebels. It expressed hope that newly-elected President Volodymyr Zelensky could “peacefully reunify with the rebel-held territories” and “[engage] the alienated east.”
The 2017 ICJ case explicitly concerned validating allegations of Russia’s direct, active involvement in Donbas. We are left to ponder whether this lawfare effort was intended to secure Kiev’s specious legal grounds for claiming it was invaded in 2014. After all, this could, in turn, have precipitated an all-out Western proxy war in Donbas of the kind that erupted in February 2022.
Given present-day events, the report’s conclusions are eerie. The ICG declared the situation in Donbas “ought not to be narrowly defined as a matter of Russian occupation” and criticized Kiev’s “tendency to conflate” the Kremlin and the rebels. It expressed hope that newly-elected President Volodymyr Zelensky could “peacefully reunify with the rebel-held territories” and “[engage] the alienated east.”
The 2017 ICJ case explicitly concerned validating allegations of Russia’s direct, active involvement in Donbas. We are left to ponder whether this lawfare effort was intended to secure Kiev’s specious legal grounds for claiming it was invaded in 2014. After all, this could, in turn, have precipitated an all-out Western proxy war in Donbas of the kind that erupted in February 2022.
At the start of that month, French President Emmanuel Macron reaffirmed his commitment to Minsk, claiming he had Zelensky’s personal assurance it would be implemented. However, on February 11, talks between representatives of France, Germany, Russia, and Ukraine collapsed after nine hours without tangible results. Notably, Kiev rejected demands for “direct dialogue” with the rebels, insisting Moscow formally designate itself a party to the conflict in keeping with its past obstructionist position.
Then, as documented in multiple contemporary eyewitness reports from OSCE observers, mass Ukrainian artillery shelling of Donbas erupted. On February 15, alarmed representatives of the Duma, led by Russia’s influential Communist Party, formally requested that the Kremlin recognize the Donetsk and Lugansk People’s Republics. Putin initially refused, reiterating his commitment to Minsk. The shelling intensified. A February 19 OSCE report recorded 591 ceasefire violations over the past 24 hours, including 553 explosions in rebel-held areas.
Then, as documented in multiple contemporary eyewitness reports from OSCE observers, mass Ukrainian artillery shelling of Donbas erupted. On February 15, alarmed representatives of the Duma, led by Russia’s influential Communist Party, formally requested that the Kremlin recognize the Donetsk and Lugansk People’s Republics. Putin initially refused, reiterating his commitment to Minsk. The shelling intensified. A February 19 OSCE report recorded 591 ceasefire violations over the past 24 hours, including 553 explosions in rebel-held areas.
Civilians were harmed in the strikes, and civilian structures, including schools, were apparently targeted directly. Meanwhile, that same day, Donetsk rebels claimed they thwarted two sabotage attacks by Polish-speaking operatives on ammonia and oil reservoirs in their territory. Perhaps not coincidentally, in January 2022, it was revealed that the CIA had been training a secret paramilitary army in Ukraine to carry out precisely such strikes in the event of a Russian invasion since 2015.
So, on February 21, the Kremlin formally accepted the Duma’s plea from a week earlier to recognize Donetsk and Lugansk as independent republics. And now here we are.
So, on February 21, the Kremlin formally accepted the Duma’s plea from a week earlier to recognize Donetsk and Lugansk as independent republics. And now here we are.
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