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Russian accusation Ukrainian carrying out a genocide against the Russian-speaking population of the Donetsk and Luhansk regions (Donbass) - Legal considerations

Page with all the IPSEs stored in the archive related to the Context Russian accusation Ukrainian carrying out a genocide against the Russian-speaking population of the Donetsk and Luhansk regions (Donbass) - Legal considerations.
The IPSEs are presented in chronological order based on when the IPSEs have been pronounced.

Alexander Hinton
Alexander Hinton

“It is well-documented that since 2014, both sides have committed human rights violation in Donbas and innocent people have been killed and abused. But there is no credible evidence that genocide is taking place. None. Russia has made vague references to mass graves and civilian attacks. If it had proof, you can be sure Russia would have provided it long ago. Russia should have done so [formally bring its genocide claims before the UN] and pressed for action at the UN if it had credible concerns. It claims that Ukrainians are attacking ethnic Russians and Russian speakers who Russia claims to be obliged to protect. That sounds reasonable in the abstract, but, again, Russia has not provided any credible proof to support its claim … It didn't do so because Russia's goal isn't to save lives but to conquer Ukraine. Lavrov's accusation is just another attempt to mask an invasion.”

author
Director of the Center for the Study of Genocide and Human Rights at Rutgers University
09 Mar 2022 10 4
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Nataliya Sekretareva
Nataliya Sekretareva

“Some casualties are lawful under international humanitarian law provided they do not cause excessive incidental loss of civilian life. Other attacks, depending on the context, could constitute war crimes, crimes against humanity or genocide. What distinguishes the crime of genocide is the context: The attacks on civilians should be committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such. So, answering your question, only genocide is committed with the intent to erase a group. To claim that Ukraine had been committing genocide in Donbas, Russia would have to prove that the Ukrainian government had been pursuing a deliberate policy of killing or otherwise targeting some national, ethnic, racial or religious group with the intent to destroy this group. The mere fact that the deaths occurred during an armed confrontation cannot constitute genocide, especially considering that Ukraine did not even control the territory in question since 2015. How would the state perpetrate a genocide on the territories it doesn't even have access to?”

author
Russian human rights lawyer
09 Mar 2022 5 4
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