Skip to main content

tv   [untitled]    June 24, 2022 12:30am-1:01am EEST

12:30 am
and at the moment he should be here to protect our country, don't worry, father is close by. they live with the thought of the future of their own and other people's children, to a flourishing country, they risk their lives so that this future will be peace and every father will soon win and soon we will be together at home, it will be good i love you the city kisses and hugs you glory to ukraine at home because of the war in ukraine all the stadiums fell silent the silence was broken by the russian shelling explosions of russian rockets and russian phosphorus bombs what broke the
12:31 am
screams of ukrainian women and the tears of ukrainian children the majority of russian athletes have fallen silent, this silence continues to kill ukrainians, ukrainian stadiums have fallen silent, however, we athletes around the world should not remain silent, calls on everyone to support the boycott of russian national and team athletes while the war in ukraine continues, support ukraine at the sports fund, silence kills with the support of the ministry of youth and sports of ukraine, deadly ukrainian pyrotechnics are harvesting today
12:32 am
hundreds of shells and rockets thousands of mines and we will clear every corner of our native land so that on warm paths our children ran barefoot in order to grow golden wheat again under the peaceful ukrainian sky , we will overcome before the village, we will win what you don't news , together we are strong, the social team continues the night broadcast on the air andriy degtyarenko, the creation of a special tribunal regarding aggression against ukraine currently depends on the political will of ukraine's international partners about this in an interview with the public , ambassador with a special mandate of the ministry of foreign affairs of ukraine anton korenevych, the diplomat said that he hopes that the creation of such a tribunal - this is a matter of months. he insists that the jurisdiction of such a tribunal should begin from the end of february 2014. our colleague
12:33 am
olena ramovska asked anton korenevich what term russian president putin can get, what will happen to other claims of ukraine in the event of the creation of such a tribunal, and what russia's compensation for damages caused to ukraine and ukrainians might look like or on the dock is such an absolute goal, mr. korenevich. i congratulate you on the social occasion and congratulate you on your new position. now i need to address you, mr. ambassador. until recently, you headed the permanent representation of the president in the autonomous republic of crimea now you are the ambassador on special assignment of the ministry of foreign affairs of ukraine and your main focus of your activity is work on the promotion of the creation of a special tribunal within the framework of which it is possible to punish those people who are responsible for russia's war against ukraine, is it
12:34 am
correct? i understand what we are saying about the creation of a tribunal like the infamous nuremberg tribunal or the tribunal that was in the affairs of the former yugoslavia, actually in your question there are uh and uh let's say things that combining this tribunal with the other one, there are things that are still not similar. well, the first thing that is definitely combined is that the nuremberg tribunal . atrocities that were committed and these two tribunals worked with certain categories of crimes. yes, then there were three categories of crimes, and then genocide was logically added to them, so the tribunals worked with such categories such as crimes against peace, what we today call crimes of aggression are crimes against humanity, which in 1945 also included
12:35 am
genocide, and then it already became a separate category, a full-fledged international crime independent and war crimes, that's why bürger and tokyo worked with these categories, a special tribunal on the crime of aggression against ukraine is proposed to be established by ukraine as a reaction to the largest war in europe after 1945, and we believe that the reaction to this war to this aggression of the russian federation should be similar, well, the reaction then in the 45th year of the creation of the nuremberg and tokyo military tribunals is what unites them, but there is also what separates them from a legal point of view, it is the fact that the tribunal that ukraine proposes to create will relate to only one crime, the crime of aggression , which was then called crimes against peace at the new york and tokyo tribunals. this is a very specific crime, it means that the higher political or military leadership carried out an order to carry out an act of aggression against
12:36 am
of the relevant state, so our tribunal will have one crime in its jurisdiction, only the crime of aggression, this is due to the fact that other international crimes are already covered by the jurisdiction of the international criminal court, the crime of genocide, crimes against humanity, war crimes because you they said it looks like it will be about the punishment of specific people who are responsible for russia's aggression against ukraine. that is, this is the tribunal within the framework of which the president of russia, vladimir putin, can be convicted of any crime - this is individual criminal responsibility, yes, people are responsible for crimes, and if we say that crimes of aggression are a crime, specific natural persons must definitely be responsible for it, and it happened in international law that the crime of aggression is a crime committed by the highest political and military leadership of the state. why, because they can give appropriate orders for the start of an
12:37 am
aggressive war, therefore, this is the leader of the russian federation, the highest officials of the russian federation, the higher military leadership of the russian federation federations are actually those persons who should obviously be responsible before the newly created tribunal, but we will leave this issue to the prosecutors and judges of the tribunal, they will already decide after it is created as an international lawyer with experience, believe that vladimir putin will be punished within the framework of the tribunal , you know, first of all, if i didn't believe all this, i could do something else, yes, as a lawyer, a lawyer can apply himself in many areas. i think, and for me, it is not only the fact of punishment that is important and presence at the dock, although it is definitely very important, and it is such an absolute legal victory. let's put it this way, in this context , certain intermediate
12:38 am
stages are also important for me, the results. by the tribunal on him on his entourage. yes, this may not mean that he will be detained immediately today or tomorrow, but it is a complete delegitimization . international relations, this has already happened in the history of international law, when warrants were issued for the arrest of, say, the leaders of the states, the current presidents of the states, and at first they were indeed not detained for a certain time, but that meant that no one had anything to do with these people anymore. putin on the dock is such an absolute goal, but going towards it, we can get these very important intermediate results, which are also important. imagine a guilty verdict or an international warrant against these people, i think you and i are the same we will meet and be happy about such a result, and this is because it is also a very important link on the way to justice, the experience of the previous eight years of aggression has
12:39 am
shown that russia disregards international law, but we also have the experience of previous wars and previous such tribunals, which allow us to conclude that the restoration justice within the framework of such formats, we are talking about the period after the war, yes , in the case of the victory of ukraine, you know i am convinced that we are doing absolutely right . unconditional victory will be ours, but we must prepare the legal basis for holding russia accountable as a state and the highest political and military leadership of the russian federation, and the fact that someone there is neglecting something tomorrow, the day after tomorrow , the situation may change at the moment of arrival. on this day, we must be ready with cases - a file from the portfolio with the decision of international judges with the corresponding specific legal conclusions in order
12:40 am
for all this responsibility to take place, so i think that there are a lot of things we can do and we have to do it right now, in principle, we will do it now, the tribunal has not been created yet, you are actively working hard to ensure that it is created for a better understanding of the perspective of what time period and from whom we are waiting for some final decision in order for this tribunal to be created you see, in international law it is always very difficult to talk about deadlines because ah. it's one thing when you talk about deadlines in a situation where everything depends on you, and it's another thing when you talk about a certain project that should have international support. obviously, the international tribunal is a special tribunal for the crime of aggression against ukraine, it can be created with the participation of our international partners , that is, with the support and not only the support, but the direct participation of partners in this project , that is, they join the agreement on the creation of
12:41 am
this tribunal, respectively, key years, i would not like to i absolutely would not like to think this, and i think that our international partners also understand that it cannot be stretched out over such periods of time from subjective and subjective reasons and because we need a quick reaction to all these events, but the key thing, as i mentioned, is the political will of our partners, because the will of the president and the will of the minister of foreign affairs and the ukrainian people as a whole are not from our side. i am sure that there is an absolutely unshakable stance here and clearly we need this tribunal plus why do we need it quickly enough because we need to try criminals and in order to create criminals we need to launch mechanisms those mechanisms that currently exist they can also do it but conditionally prove the complicity of the person sitting in the kremlin in the
12:42 am
commission of a war crime in borodyanka is quite difficult to do, but it takes a lot of time, so it is necessary to prove all this in the comments from the person sitting in the kremlin to the russian soldier who committed the crime borodyans , crimes of aggression are much easier to prove, and i think that they can go to a guilty verdict. there are a few months ago, everything is there and everything is open and everything is visible, there is a general resolution, especially aggression against ukraine, there are many resolutions of the council of europe the decisions of the european union of other international organizations, therefore, the creation of this tribunal is not only that it will close this gap in international law that today there is no international court or tribunal that can work even as a crime of aggression against ukraine. it will also make it possible to bring to justice these highest officials in russia because it is faster to do this for the crime of aggression than for crimes against humanity or war crimes, hypothetically or theoretically, this is a
12:43 am
punishment for the highest officials as it can what are the terms of imprisonment or can there be some higher measure of punishment? how is it now in the 21st century? international courts and tribunals do not have the death penalty, and today international law stands for what is the highest punishment. the punishment is life imprisonment. then deprivation of liberty for a certain period. yes, for example, in the international criminal court. and this palette of responsibility is imprisonment for a term of up to 30 years, or according to feelings, we can imagine with you what the punishment can be, there is another the other side of the coin is that the crimes of aggression with him, as we have already discussed with you, today no international courts and tribunals worked after the nurburgring tokyo military tribunals, and there are no precedents and practices after 45-46, but it is absolutely ok well here it is absolutely normal i think that when we talk about punishment, we can really look at similar terms and precedents
12:44 am
when we talk about war crimes, crimes against humanity, crimes of genocide, well, that is, it can be , i don't know, conditionally 10-20-30 years, it's life of course, the judges should decide, not you and me here, but this is an international crime and an international one is traditionally considered more serious than the crime enshrined in the criminal code of the state, the so -called general criminal and ordinal crime , therefore well, this should be a significant measure of responsibility, you said that there is a lot in the question the establishment of the tribunal depends on our foreign partners, and here there are certain analogies with what we have observed in recent weeks regarding the status of a candidate for eu accession, so there were countries that said that they are not sure that ukraine needs to issue this status, but now it depends on those countries on which the creation of this tribunal depends, what are the moods there and are there countries that are afraid that such a tribunal can be created, i actually think that the question is very
12:45 am
simple, in fact, it is a question of political will and the question of how we bring to justice those who have committed crimes of aggression against ukraine or not, if not , then we simply have to sign that crimes of aggression against ukraine will not be punished, which means that neither will ukraine against any other state it is possible to attack at any moment, knowing that punishment will not come. it seems to me that this is the wrong way, and now if we believe that criminals should be punished for the crimes of aggression against ukraine, then the way of a special tribunal is the only possible way. there is no other way, as we have already discussed with you the international criminal court objectively cannot work with this crime ah the international criminal court absolutely has to do its job, we support its activities absolutely it conducts an investigation of the situation in ukraine but it cannot work with crimes of aggression and the national courts of ukraine also cannot work with the crime of aggression when we are talking about the top leadership of russia because in the national
12:46 am
jurisdiction they will have official immunity ukraine cannot try the leaders of another state of russia any other state therefore in fact this there is only one possible option, and it is an option that must be used. i am convinced of this. those of our viewers who have already suffered from the war, in particular, i will respond to the full-scale invasion of russia into ukraine, at which international court they can to calculate already a-a maybe there is something that they do not know, so where could they turn to , because of course most of these people are now trying to take some steps at the national level, including the judicial branch, well, of course, there is the european court of human rights and it is important that despite the fact that the russian federation is no longer a member of the council of europe, and despite the fact that the russian federation has made a statement that it is withdrawing from the european convention on the protection of human rights and still by september 16. it remains entirely with the european court of human
12:47 am
rights, so there is still the possibility of filing lawsuits with the european court of human rights. and this is definitely a very important mechanism for individual complaints , for citizens . and the ukrainian initiated another process, another very important mechanism and tool - this is the creation of the e-e commission for compensation for the damage caused by the armed aggression of the russian federation, this is the so-called the tool of the kleimska mishinsta, which existed during the last decades, e.e., regarding kuwait and cancer regarding eritrea, ethiopia. now it exists regarding relations and the wound and the usa in the gas is sitting because of that. and this is a different process. - legal mechanisms that fill these gaps, because currently there is no mechanism that
12:48 am
would work with compensations, is it correct? on the subject, it is very similar to that. that is, we must definitely have funds, and the aggressor has to have a mechanism, a quasi-judicial commission, where every victim, a citizen of ukraine, could apply and receive compensation accordingly , work is also being carried out there, so i think that ukraine will actively continue to move within these two processes, what will it look like, and does this mean for the russians that each of them will pay for what russia has done once in ukraine throughout the history of the issue of compensation payments, and in particular activities of commercial commissions, they were based on two main rules. the first is that the relevant decision was taken by the un security council. we understand that this will not happen yet, since russia is a permanent member with the right method, and accordingly the resolution will not be simply adopted because it will be advised or with the voluntary consent of the
12:49 am
parties, this has also happened. yes, when the states were both states, did they sign an agreement that they are ready to make compensation, maybe the russian federation will return to this option during this time, but there are other mechanisms that should be considered, in particular, the sovereign immunity of the russian federation, as well as its property and ownership of its financial resources, these are quite complex legal and technical issues, but it all boils down to having the opportunity for these compensations to be paid precisely for account of the aggressor state of the russian federation and here this is a really complicated matter, and now this mechanism is being developed, how it will be built, but obviously we understand that many states of the world have many of russian assets a and it could be used in one way or another, including for the purpose of receiving these compensations by every citizen of
12:50 am
ukraine who suffered because all these mechanisms are in place just so that not only the state pays reparations to the state and a so that its individual citizen is a person were able to get compensation from the car for the damage that was caused by the war, there are many conversations, now i am probably gluing the genocide in ukraine, eh, you as an international lawyer how do you evaluate such conversations and which court or international authority can deal with this issue unconditionally the issue of the crime of genocide it is complicated by the fact that the main element of the crime of genocide is the subjective side of it men's rea special intent to exterminate in whole or in part one of the four protected national ethnic racial or religious groups that is conditional murder can be intentional murder article 115 of the criminal code of the code of ukraine, and likewise , murder can be genocide if it is personally aimed at exterminating ukrainians, the ukrainian people as a
12:51 am
separate national group, respectively. that's all it definitely depends on the evidence from the testimony from the testimony and in fact it is necessary to get into the head of the criminals and find out why he committed these atrocities or did he commit these atrocities because it was his decision and he wanted to do so together with his fellow citizens in a specific area were these orders so relevant? were they orders that were also motivated by the fact that it was precisely against ukrainians , so the key thing here is precisely what the investigation will gather and what the investigating prosecutors will be able to establish. i personally think that definitely because of that what we see e from the field, so to speak, and it is very important from the public discussion, because well, it is clear that there is no journalism in russia, but what is published is by certain publications of the state of russia, russian, and in particular,
12:52 am
the infamous what russia should do with ukraine or the coming of russia in a new world well, there is incitement to the genocide. i think it can be proven absolutely, and we can see it now also in the statements of the highest officials of russia. well, that's why i think that everyone should work with this, but with regard to a specific crime. yes, who can work with this crime. this is an international criminal court because the international criminal court has jurisdiction, and with regard to the three categories of crimes in relation to the situation in ukraine - these are crimes of genocide, crimes against humanity, war crimes, therefore, if the prosecutor's office of the icc has enough facts , the same goes for the national courts of ukraine , we have an article in the criminal code 442 if they see that there are things that testify to this, it can be national proceedings in national courts, it is also very important to recognize certain events as genocide by the political and right-wing parliaments let's say that it is a more political act, but
12:53 am
it is definitely very important in the context of, you know, satisfaxi in the context of recognizing that what really happened is genocide, we already have eight decisions of the parliaments on the rubber today, there is definitely a lot of talk about geno because he zeltimeter is considered to be the most serious crime among crimes, the most evil of crimes that can be committed, but what crimes against humanity are considered crimes are better such massive ones that we see, including in our territory of ukraine with on the part of the russian military, therefore, i think that in all these three categories, both the ims and the national vessels , so far there were two in each of us, we still do not have crimes against humanity in the criminal code. i hope that this will be corrected soon, but they can and should work in the end, this is possible somewhat a philosophical question, but still, hmm, is the existing system of international law capable of adequately
12:54 am
reacting to the actions of russia in ukraine, or does it now need some kind of reformation, and ukraine may partially become a victim of the fact that this international the system is simply not able to respond adequately, of course, if you were to ask if something needs to be changed in the international system, the answer would be absolutely yes, is this system that was created in the post-war conditional world in the year 45, is it relevant, fully adequate today, it is obvious, but we have to use it to protect our national interests. therefore, we should look for those tools and mechanisms that give us the opportunity to use this system in a good sense, to use it to protect our rights and interests, because we are victims of aggression and we have to defend our positions, our interests, our rights , on the other hand, we see that there is really a loss and this aggression by russia, aggression from russia continues for the 14th year absolutely .
12:55 am
we believe that his temporal jurisdiction should begin at the end of february 14th and it should be a continuing crime, so returning to your question, there are gaps in this system of international law and these are just two mechanisms that are currently offered ukraine and my ukraine, which we are discussing with our international partners, a special tribunal for aggression and a compensation commission, these are just those things that do not exist, which can be created quite quickly and can show an effective result, so we are bringing it to our international partners and the same with our society is talking about the fact that these are the things that can be created and they will bring this system of international law a little more to an adequate reaction to the events that are caused by russia's aggression against ukraine. thank you for this conversation, and of course we conclude with the belief that justice will be restored. yes, and we will use all possible tools for this.
12:56 am
thank you. thank you. thank you . players of milia four with ukraine heard
12:57 am
their country, breathe, do , we are stepping into europe, we are strengthening the connection with the eu unconquered cities of ukraine dnipro, the space capital of ukraine with the
12:58 am
longest embankment in europe and the shortest metro arose in the place of the cossack landowners, freeholds and freedoms during the years of the hitler occupation, from 17 to 21,000 jews were all shot in the dnipro after the expulsion of the nazis, remained under the attack of enemy aircraft, but did not stop working for victory, as it does not stop, and now it is the first to meet those fleeing from the war and despite everything reliably holds the rear of the dnipro region, just space, and dnipro unconquered, we are going straight to the front line, where you want to fight , the trip will be the most dangerous during this time, well, with god, they
12:59 am
became the heroes of many films at the beginning of the war i forgot that i am the author of the project, i am doing something a little different , now i am holding the information front we cook together in the kitchen, we feed, we clean up, you are sporty, you kill the borscht , but they are good. the whole world saw what ukraine is!
1:00 am
under the dbr, they document the crime and the occupiers, the operatives are looking for the saboteurs, they identify the collaborators, we have a statute of limitations on the collaborators and war criminals, let us know by number 044 327:07 together we will win watch the project to find your kateryna osadchoi from the search for the missing every monday at 9:30 p.m.

8 Views

info Stream Only

Uploaded by TV Archive on