PUBLIC INITIATIVE: CONSOLIDATION IN LOBBYING FOR IMMEDIATE RECOGNITION OF DNR/LNR AS TERRORIST ORGANIZATIONS
Falcon Born
SEPTEMBER 22, 2014 ROMAN BURKO The InformNapalm team conducted an analysis of foreign press, publications, and statements about the war in the Donbass (Eastern Ukraine), which indicates that the international media, in every possible way, is trying to avoid the term “Terrorists” to describe the forces of the “DNR” and “LNR”. Although in Ukraine the ATO (Anti-Terrorist Operation) has been ongoing for sixth months already, foreign politicians and commentators still modestly talk about insurgents, militias, and separatists.
Several lawyers clarified the reason for such selectivity: for terrorism charges it is necessary to officially recognize the DNR / LNR as terrorist organizations. The Ukrainian authorities are very confused with regard to this situation, and the international community has generally failed to take steps in this direction. Charges of terrorism are very serious. In contrast to a situation of accepting the need to at times negotiate with separatists, no one negotiates with terrorists. The international community recognizes it must act against terrorists, strictly and collectively. Recognizing an organization as a terrorist organization means giving up the position of an outside observer, and taking responsibility for the eradication of this evil. Also the world community is not rushing to recognize DNR / LNR members as terrorist organizations, because it will inevitably lead to the logical conclusion that Putin’s Russia sponsors international terrorism. Of course, it’s easier for them to continue to turn a blind eye on the obvious fact that international terrorism cannot be defeated just by ignoring it, and that’s where the real danger comes from. The downing of flight MH-17 and the murder of the Honorary Consul of Lithuania in Donbass is a clear confirmation of the dangers of ignoring Russian sponsored terrorism. Ukraine needs international recognition of the `separatists’ as terrorist organizations, as it will increase the isolation level of the bandits, and will facilitate the provision of more effective assistance to Ukraine. It appears that the EU is planning to review this issue of the 23rd September 2014. Regardless of the outcome, we should make every effort to lobby the idea of recognizing the DNR / LNR as terrorist organizations. To do this, we need to understand – by whom and how these kinds of decisions are made. The easiest way in this case is to address countries that have official lists of terrorist organizations. For example, in U.S. State Department has lists of terrorist organizations, and the process is quite simple (Proposals are made by the Secretary of State and the Prosecutor General, and Congress should ratify such proposals).
The process is similar in the UK, Canada and Australia. The process is more complicated in international organizations, because unanimous agreement of member countries is required. In the case of the EU the decision is made by the Council of Ministers (the Ministers of Foreign Affairs). Any of the 28 states can block the proposition. In the United Nations the 15 members of the Security Council must agree (do not forget that Russia is a permanent member there). It is not easy to understand the legal basis for declaring an organization a terrorist organization in Ukraine (Article 258 of the Penal Code and the Law “On Combating Terrorism”). The law mentions the term “terrorist organization” and “responsibility” for its creation. But he law does not provide for a list of terrorist organizations, nor of the mechanisms of their recognition (besides the levelling of charges against those involved in of the creation of such an organization). The Anti-Terrorist Operation was declared in April 13-14 by Acting President Turchinov (According to the decision of the National Security Council). On May 16th, the General Prosecutor of Ukraine (GPU) started pre-trial investigation about the actions of the leaders of breakaway “republics” which have signs of terrorist organizations. This can be considered as recognition from Ukrainian side of these organizations as terrorist organizations. But as far as we know, there has not been a single decision of court charging DNR / LNR members for creating a terrorist organization, nor about the creation of separatist structures themselves. There is a political statement, the decision of the “Verkhovna Rada” on July 22 “On the tragic loss of life as a result of a terrorist act on the territory of Ukraine.” However, political statements are not enough – there should be a clear legal position from Ukrainian side. We should start from our legal system otherwise it will be meaningless to demand something from our foreign partners. Let’s think together about the way to effectively deliver this simple message to our leadership, so we will raise this question on international platforms! We ask to all fellow journalists, public figures, activists, volunteers, politicians and citizens of Ukraine to take part in the dissemination of this information and lobbying for Government action at decision-making level. Together we will win!
