Mykola Gnatovskyy on the establishment of a Special Tribunal to Investigate the Crimes of Aggression against Ukraine

Democracy in Question?

Guests featured in this episode:

Mykola Gnatovskyy, a renowned Ukrainian legal scholar who was recently elected to serve as judge at the European Court of Human Rights. Before taking up this very prestigious nine-year appointment at the ECHR, Mykola was a professor at the Institute of International Relations, Taras Shevchenko National University of Kyiv. He also advised the Ukrainian Minister for Foreign Affairs on international criminal justice, and was a member of the International Expert Board on Crimes Committed during Armed Conflict at the Office of the Prosecutor General of Ukraine.

From 2015 until 2021, Mykola served three consecutive terms as President of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.

In March of this 2022, he was one of the original signatories, together with Ukraine's Minister of Foreign Affairs and the former British Prime Minister, Gordon Brown, calling for the establishment of a special tribunal to investigate Russia for the crime of aggression against Ukraine.

GLOSSARY:

What is the International Criminal Court?
(01:58 or p.1 in the transcript)

International Criminal Court (ICC): permanent judicial body established by the Rome Statute of the International Criminal Court (1998) to investigate, prosecute, and try individuals accused of genocide, war crimes, and crimes against humanity and to impose prison sentences upon individuals who are found guilty of such crimes. On July 1, 2002, after the requisite number of countries (60) ratified the agreement, the court began sittings. It is headquartered in the Netherlands at The Hague: source

What is the War in Ukraine?
(04:32 or p.2 in the transcript)

In early November 2021 Russia began building up military forces along the borders of Ukraine, for the second time in a year. Over 100,000 Russian military personnel and assets were deployed in Crimea and in the Voronezh, Kursk and Bryansk regions of western Russia. Further Russian forces were deployed to Belarus for a series of exercises close to the Ukrainian border and Russian naval assets from the Baltic and Northern fleets deployed for exercises in the Black Sea. Tensions escalated following a US intelligence assessment in December 2021, which suggested that Russia could be planning an invasion of Ukraine in early 2022. On 24 February 2022 Russia launched military action in Ukraine, with forces crossing into the country from Belarus in the north, Russia in the east and Crimea in the south. Russia’s actions came just days after President Putin officially recognized the self-declared independence of the Donetsk People’s Republic (DPR) and Luhansk People’s Republic (LPR), the regions of eastern Ukraine that are under the control of Russian-backed separatist forces, and deployed “peacekeeping” forces to the region: source

What is the massacre in Eastern Anatolia?
(07:18 or p.2 in the transcript)

Massacre in Eastern Anatolia, also known as Armenian Genocide: campaign of deportation and mass killing conducted against the Armenian subjects of the Ottoman Empire by the Young Turk government during World War I (1914–18). Armenians charge that the campaign was a deliberate attempt to destroy the Armenian people and, thus, an act of genocide. The Turkish government has resisted calls to recognize it as such, contending that, although atrocities took place, there was no official policy of extermination implemented against the Armenian people as a group: source

What is the Wagner Group?
(17:02 or p.5 in the transcript)

Wagner Group: a network of businesses and groups of mercenaries that have been linked by overlaps in ownership and logistics networks. Entities making up the network have been described in sanctions designations by the U.S. Treasury as being involved in a wide range of activities, including working to suppress pro-democracy protests, spreading disinformation, mining for gold and diamonds, and engaging in paramilitary activity. The group, such as it is, first appeared in Ukraine in 2014, where it assisted the Russian military in the annexation of Crimea. Since then, paramilitaries and businesses have branched out to Syria—where they have fought in support of embattled President Bashar al-Assad while securing a foothold in the country’s energy sector—as well as to Libya, Sudan, Madagascar, Mozambique, and the Central African Republic: source

What is the occupation of Crimea and Eastern Ukraine?
(31:38 or p. 8 in the transcript)

The Crisis in Crimea and Eastern Ukraine: on 22 February 2014, President Yanukovych disappeared from Ukraine and a new government was installed by the Ukrainian parliament. Later that month unidentified military figures, widely thought in the West to be Russian personnel (this was later confirmed), surrounded the airports in Crimea, a majority-Russian peninsula in Ukraine and the Crimean autonomous assembly was taken over by pro-Russian forces. In March 2014 a declaration of independence was issued by the assembly and a subsequent referendum on union with Russia was held. Since then, Russia has maintained its control over Crimea and supported pro-Russian separatist forces who also took control of parts of the Donetsk and Luhansk regions of eastern Ukraine (the Donbas) in 2014. Fighting between Russian-supported separatists and Ukrainian government forces has continued in the Donbas for the last eight years despite the negotiation of the Minsk Agreements in 2014/2015 which called for a ceasefire, the withdrawal of all foreign armed groups and constitutional reform recognizing the special status of Donetsk and Luhansk: source

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