Foreign nationals fighting on the side of Ukraine in the Donbass, if in the future ratification of the Rome Statute of the International criminal court in the Hague, will be forced to obey international law and be held accountable for war crimes.
This opinion in comments to the correspondent of ГолосUA said political analyst Alexei Yakubina.
“The legal status of those foreigners who come and fight in Ukraine on both sides, is extremely unreliable. Since the return to their country, they can be punished for crimes against humanity. That is why many of them are afraid to go back and try to naturalize in Ukraine”, – said the analyst.
A. Yakubina also noted that the same rules that are spelled out in the law on the legal status of persons without citizenship and foreigners fighting on the side of Ukraine (adopted on first reading at a meeting of the Verkhovna Rada on 2 October), are more palliative in nature. That is the nature of palliatives.
“Sooner or later, the question of the participation of foreigners in the fighting in the Donbass, will be wider. Especially if the new government after the elections in 2019 will decide to ratify the Rome Statute. And to vote for its ratification will be possible after June of next year. Thus, foreigners residing in the territory of Ukraine, will fall under the purview of the Statute”, – explained the expert.
He also added that if the peacekeeping mission will be launched, in the context of the process of reconciliation of the parties will have to apply transitional justice.
“This model aims to divide those who committed war crimes from those who did not commit them. Also, it takes into account and compensation on both sides of the material losses to the civilian population. As well as the creation of hybrid courts, under the auspices of the Hague Tribunal for the trial of war criminals. Each case will be considered individually,” – said the analyst.
Therefore, according to the experts, even though those rules which may be adopted by the Parliament of Ukraine to foreigners and persons without citizenship, their status may be revised in the future in the context of international norms.
“This means that you can escape responsibility they will not succeed. Because they may be judged on the territory of Ukraine and on the territory of those countries which citizens they are. If these countries had previously ratified the Rome Statute”, – summed A. Yakubina.
Recall that on 2 September a draft law “On amendments to some legislative acts concerning the legal status of foreigners and persons without citizenship, who participated in the defense of the territorial integrity and inviolability of Ukraine” (No. 3433) in the first reading voted 252 deputies.
The bill proposes to make amendments to the laws of Ukraine on the legal status of foreigners and persons without citizenship, on citizenship of Ukraine. The changes will allow us to recognize foreigners and persons without citizenship who took part in the defense of the territorial integrity of Ukraine in the territory of the country legally, and provide them with a simplified procedure for obtaining citizenship.