Human rights activist: Ukraine must ensure normal life in controlled parts of Kursk Oblast
Since Ukraine established control over part of the territory of the Russian Federation, it must bear responsibility for ensuring the normal living conditions for the local population.
Source: Roman Martynovskyi, human rights activist and co-founder of the Regional Center for Human Rights, in an interview with Ukrainska Pravda
Quote from Martynovskyi: "Ukraine will not be penalised for the fact that the Armed Forces of Ukraine entered Russian territory. We have the right to self-defence. This fully complies with the UN Charter. In fact, nothing changes for us. However, a serious issue arises – Ukraine will have to fulfil the obligations of an occupying state in accordance with international humanitarian law."
Details: He said as soon as Ukraine established control over part of Russia's territory, it became responsible for ensuring the normal functioning of the population, including providing food, medical care, and other social services.
Quote from Martynovskyi: "And, as strange as it may sound, we must respect the Russian Federation's laws that are in force in this territory. We cannot simply come in and say, 'Your laws no longer apply here. Everything will be done our way now.'"
Details: The human rights activist emphasised that the Ukrainian authorities must ensure that the medical system continues to function in the occupied territory of the Russian Federation. He clarified that if some local doctors have fled or refuse to perform their duties, Ukraine should bring in its own medical personnel. However, in such a case, it is important to clearly define the duration of their work, for example, 3–6 months. They should not remain in the occupied territories permanently, as this could be seen as a sign of colonisation.
Martynovskyi also added that the Ukrainian authorities must ensure law and order by implementing their own law enforcement and judicial systems in the occupied territories.
Quote from Martynovskyi: "We can easily bring our own police into Russia. However, it's not so straightforward with the courts. Ukraine does not have the right to move a suspected criminal from Russia, for example, to a court in Sumy Oblast because that would be considered deportation.
The occupied territory is currently small, so one district court would be sufficient. But the question arises about how to handle appeals. To ensure citizens' right to appeal, we would need to establish an appellate court as well. And then there’s the issue of cassation. If we do not address all these levels, the European Court of Human Rights (ECHR) might find that Ukraine is engaging in discrimination against citizens in the occupied territories."
Details: Martynovskyi noted that Ukraine could be held accountable by the European Court of Human Rights, the UN Human Rights Committee, and the International Court of Justice if it violates conventions ratified by both Ukraine and Russia.
Background:
- On 6 August, Ukraine’s defence forces began a raid in Kursk Oblast of the Russian Federation.
- As of 20 August, Ukrainian forces control more than 1,260 sq km of territory and 93 settlements in Kursk Oblast, Russia.
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