Центр міжнародного захисту прав людини
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Центр міжнародного захисту прав людини (ЦМЗПЛ) створено у 2010 році. Його метою є проведення наукових досліджень та навчальної діяльності у сфері міжнародного захисту прав людини та участь в інформаційно-аналітичному забезпеченні законотворчої та правозастосовної діяльності в Україні.
Центр сприяє впровадженню принципових засад нової вищої освіти в НаУКМА – поєднанню навчання з науковою роботою на всіх етапах підготовки фахівців. Центр проводить дослідження в рамках загальної наукової концепції НаУКМА – “Україна: людина, суспільство, природа”.
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Item The Genocide Against the Russian Speaking Population of Donbass Region : Reality or Myth? : (Legal Analysis)(2016) Anosova, Yu.The article analyses allegations of the Investigative Committee of the Russian Federation concerning the genocide of the Russian‐speaking population in Donbass region. The jurisdictional basis of the allegations is discussed, as well as the possibility of Ukrainian high officials to apply immunities. The author also provides a detailed comparison of the provisions of the Russian legislation dealing with the crime of genocide with the corresponding provisions of the Genocide Convention. Based on the case law of the ad hoc international criminal tribunals and the International Court of Justice, the validity of the qualification of the situation in the Eastern Ukraine as genocide is concerned. Specifically, the article considers the issue of designation of a group as "national" and "Russian‐speaking", and analyses specific features of Ukrainian language legislation which might have led to respective allegations.Item The Hegemony of a Ruling Party as a Common Element in the Armenian Genocide, the Holodomor and the Holocaust(2023) Antonovych, MyroslavaWith the development of comparative genocide as the second generation of genocide studies over the last decades it became important to examine the Holodomor as a crime of genocide committed by the Communist party of the Soviet Union in comparative perspective with other genocides. In this article, the author offers a comparative analysis of the Holodomor with cases of genocide in the first half of the 20th century – namely, the Armenian genocide of the Ottoman Empire and the Holocaust of Nazi Germany – from the perspective of perpetrators (organizers). The author compares the three genocides as crimes under international law in terms of one of the mental elements of genocide that characterizes each of them, noting the similarities in ruling political parties as organizers of those crimes who exercised the collective intent in each of the case of genocide under analyses. The author argues that hegemony of a ruling party: the Ittihadists, the Communists, and the Nazis which substituted the state organization was a common element in the genocides perpetrated in the Ottoman Empire, the Soviet Union, and the Third Reich. Moreover, in the ongoing Russian genocide against the Ukrainian nation with culmination since 24 February 2022, it is again the ruling party – Yedinaya Rosiya (Single Russia) which is the foundation of Russian totalitarian regime that organized this crime of genocide.Item Individual and Collective Intent in the Crime of Genocide (on the example of the Holodomor-Genocide against the Ukrainian Nation)(2020) Antonovych, MyroslavaThe article deals with the definition of the concept of intent to commit genocide in the Statute of the International Criminal Court, in the document "Elements of Crimes" adopted by the International Criminal Court, as well as in decisions of the International Criminal Tribunal for the Former Yugoslavia, International Criminal Tribunal for Rwanda, International Criminal Court and in practice of the International Court of Justice. The author reveals constitutive elements of the concept of intent to commit genocide: intent to be engaged in the conduct which would cause destructive consequences for a national, ethnic, religious or racial group as such; intent to reach these consequences; or awareness that they will occur as a result of this conduct in the ordinary course of events. The author indicates slightly different approaches of the international criminal tribunals and courts to knowledge of the consequences as a result of destruction of a group. It is stated that the intent should not necessarily be fixed in documents or formulated in public oral speeches, but may also be certified by facts and circumstances of a crime. The author analyzes different circumstances which may evidence the intent to commit genocide. Special attention is paid to differentiation between individual and collective intent to commit genocide. The author examines the intent to commit genocide in the Holodomor organized against the Ukrainian national and ethnic group.Item Understanding Russia's Actions in Ukraine as the Crime of Genocide(2023) Azarov, Denys; Koval, Dmytro; Nuridzhanian, Gaiane; Venher, VolodymyrThe new wave of Russia’s aggression against Ukraine that began on 24 February 2022, and the intensification of the armed conflict accompanied by grave breaches of international humanitarian law, has received significant scholarly attention. Many academic interventions have examined the developments in Ukraine through the frameworks of jus ad bellum and jus in bello. Some, however, have applied a genocide lens to make sense of reported numerous and widespread violations of international humanitarian and human rights law. This article contributes to the latter stream of scholarship by contextualizing the arguments for the existence of genocidal intent behind the seemingly unrelated crimes committed by the armed forces of the Russian Federation all over Ukraine. The authors pay particular attention to the language and pseudo-historical references used by Russia’s leaders as a justification for the invasion of Ukraine and argue that these statements and expressions indicate the existence of genocidal intent. This article also reflects on the issue of the systematic destruction of cultural heritage of Ukraine as further evidence of the intent to destroy the Ukrainian nation understood as a protected national group under the Genocide Convention, at least in part. Finally, the authors analyse the genocidal acts that have apparently been committed, including killings; the causing of serious bodily or mental harm; the forcible transfer of Ukrainian children to Russia, and the deliberate infliction of conditions of life aimed at the physical destruction of the Ukrainian nation. It is stressed that there are reasonable grounds to believe that the destruction of the Ukrainian nation by Russia has been pursued through commission of these prohibited acts. Their nature and large-scale character serve as further evidence of genocidal intent to destroy the Ukrainian nation.