Dr. Roman Nekoliak’s biography states: “Roman Nekoliak (° 1992) ambitious young professional with a demonstrated history of working in the civic&social organization in Ukraine and Belgium. A Law graduate from Yaroslav Mudryi National Law University (BA, MA Kharkiv). Afterward, he continues to study law at V. M. Koretsky Institute of State and Law in Kyiv, where he achieved his Ph.D. in 2018. Furthermore, he graduated from LLM program in International and European Law, Gent University mainly focused on IHL, EU institutional law and human rights. European Solidarity Corps volunteer in Ieper, “In Flanders Fields Museum” Research Center at West Flanders (2017) . Former Council of Europe DGI trainee in Strasbourg (2020). Roman became professionally involved as a human rights defender at the Center for Civil Liberties (CCL) in 2021, where he has since been responsible for international relations, advocacy and communications. He speaks Dutch, English, Russian and Ukrainian. Interested in modern politics, history, cultural diplomacy, World War I, philosophy and the history of European unification. My hobby is the history of the First World War, literature, theatre, philosophy, jogging and badminton. Currently, I am reading Hemingway The Sun Also Rises novel, the plot is set in 1920 Paris.”
Here we talk about international human rights and the Russo-Ukrainian war.
Scott Douglas Jacobsen: The Center for Civil Liberties won the Nobel Peace Prize in 2022, which, as far as I know, is a first for a Ukrainian human rights organization. I only became aware of the Center for Civil Liberties in August of this year when meeting Oleksandra Romantsova, the Executive Director. This started a longer-term commitment to human rights work in Ukraine. I returned from visiting several cities in Ukraine over two weeks from late November to early December a couple of days ago. I learned a lot and began to comprehend the nuances of war in a state, especially as one is closer to the frontline cities being shelled versus a farther city with more security, distance, and defenses in place against missile and drone attacks, for example. How did you become interested in international human rights, originally?
Dr. Roman Nekoliak: I became a law student through an interest in 20th-century conflicts. In great detail, I read and studied the events of both World Wars. I believe that to prevent the deterioration of international order, we need to learn the grievances of our past.
In the course of the 20th century, failing twice to liberate humanity from the horrors of world war and witnessing the most terrifying, inhuman events (Holocaust), the international community put a great effort into the development of International humanitarian law. The adoption of the Geneva Conventions (GC) in 1949 brought radical changes – the convention straightened the applicability of IHL by regulating IAC (international armed conflict) more thoughtfully and paying more attention to NIAC (non-international armed conflict). Nowadays, the following controversial question arises: Can IHL in its current state, address the instruments of modern warfare and the instruments of hybrid war alleged to Russian Federation?
While the Geneva Convention exists to anticipate and prevent human rights violations via the promotion of IHL compliance, the Rome Statute adoption on the 17th of July 1998 enables criminal prosecution. The ICC began operations on the 1st of July 2002, upon the entry into force of the Rome Statute, a multilateral treaty.
The Rome Statute grants the ICC jurisdiction over our main crimes: The crime of genocide, crimes against humanity, war crimes and the crime of aggression. Yet, neither Ukraine nor Russia is a state party to the ICC Rome Statute. However, Ukraine lodged two declarations (first from 21.11.2013 to 22.02.2014, second from 20 February onwards) with the Court, thereby accepting ICC jurisdiction over the alleged crimes committed on the territory of Ukraine. Russia on the other hand withdrew its signature from the Rome Statute (2016).
Correct law application is crucial for thousands of soldiers and non-combatants from both sides of barricades. For instance, the application of the Geneva Convention III, among others, defines guarantees and standards of imprisonment assigned to prisoners. Rebels, on the other hand, enjoy minimal standards of imprisonment guaranteed by international customary law, international human rights law and national criminal legislation. Such issues as combatant status, use of deadly force, status-based targeting, humanitarian assistance, restrictions on weapons and methods of warfare are those significant implications of conflict classification.
My aim is to commit my life best to peace work, research, reconciliation and humanitarian activity. Thus, I consider the Center for Civil Liberties as a perfect place for my professional and personal development. I am willing to continue my work in public international law, international relations, peaceful settlement of disputes field.
Jacobsen: What was the early story of human rights abuse in 2014/15 by the Russian Federation against Ukraine?
Nekoliak: CCL began documenting war crimes independently starting in 2014 with the War in Donbas. The organization has also been actively working towards the release of Ukrainian political prisoners and civilian hostages illegally detained in Russia and in temporarily occupied Crimea. CCL conducted extensive public campaigns to engage the European community and help release them. The campaigns included #saveOlegSentsov, which eventually led to the release of Crimean filmmaker and activist Oleg Sentsov in a prisoner swap, and the #PrisonersVoice project, which contributed to numerous releases.
These crimes are massive and systemic. Over 100 torture chambers have been identified in 8 regions of Ukraine. Ukrainian detainees are massively tortured, deprived of legal aid and the possibility of contacting their relatives.
Jacobsen: What is the story or narrative, typically, given around annexation and invasion – pre-full scale – from the Russian Federation and from Western countries? Are there any points at which the standard narratives by both parties are wrong – any premises in their arguments?
Nekoliak: Russia has violated the main principle of international law, violating Article 2.4 of the Charter of the United Nation, where in the democratic modern world aggression or attack against a sovereign independent state is unthinkable. The mistake made by the Russian government on 24th of February 2022 created a direct line where the democratic world ends. The world order cannot allow states to act as they think suited best, legal rules and norms establish common coexistence and development, and going against those legal norms should be condemned.
In the past sometimes politicians of the West underestimated Russia and its political regime. It was convenient to trade with Russia since dictators always deliver gas and oil and everyone turn a blind eye on Russian 2014 invasion.
The present war is a chance for a world community to get together and make the right choices. To stop its over-dependence on authoritarian state natural resources. To stop “business as usual” and put human rights first.
Ukraine is a part of a democratic world, a part of the West. Today Ukraine was attacked, tomorrow Finland, Poland, Estonia? The attack on Ukraine is an attack on democratic values and the UN system as a whole.
It is Russian nihilism, cynicism and neo-imperial thinking. But we believe that “even war has rules” (ICRC slogan) and that the UN system is a valuable tool of peace and security in the world, even if it partly fails Ukraine in 2022.
What worries me is a public discourse in the EU that depict Ukraine as a part of the “Russian sphere of interest”.
Here you can see a table from the State Centre for Political Education, Baden-Wurttemberg. It’s only available in German. It provides a great overview of arguments in the debate about whether Ukraine should join the EU. Some “contra” arguments are “chauvinistic” and have clear pro-Russian connotations.
For ex. “Due to its history, Ukraine belongs more to the Russian than to the European area. Together with Belarus, Ukraine belonged to the former territory of “Kyivan Rus”. It’s like saying.
“For years, East Prussia and Baltics were ruled by Baltic Germans, Hanseatic League and Teutonic Order; therefore, it belong to Germany”… A lot has changed since Middle Ages, and we know how it ended in 1945.
Such arguments are from the cold war, from the 1950s. We want to challenge some Europeans fear of Ukraine entering the EU. Accession will make both nations stronger, more efficient and ready for the challenges of the future *(here we speak not only about the present war, but climate change and hunger).
Depicting Ukraine as a “Russian sphere of interest” is wrong.
Remember what the Sykes-Picot Agreement did for the Middle East. *(A 1916 secret treaty between the United Kingdom and France, with assent from the Russian Empire and the Kingdom of Italy, to define their mutually agreed spheres of influence and control in an eventual partition of the Ottoman Empire.)
Remember how colonial power drew the map of Africa *(Berlin Conference of 1884–1885) and how it ended – decades of civil war and political turmoil.
Remember what the Munich Agreement 1938, by Germany, the United Kingdom, France, and Italy did to Czechoslovakia and how it ended *(Second World War).
There is no place for secret agreements, neo-colonialism, the sphere of interest and dictators drawing borders.
Ukraine has been showing interest in joining the EU and NATO for a long time already, it took two revolutions and a war to start for some states to finally see that there are no so-called “brother nations”, and that Ukraine has completely different values which align with values of the democratic world, and it is shown through the resistance of Ukrainians from the very begging of war. As a result, public opinion is seen through the mass media with slogans such as “Ukraine protects the democratic world”. The international community starts to understand that war in Ukraine is not limited to Ukrainian territorial borders; the attack made by the Russian Federation is not only against Ukraine but also against Europe.
Russia taught impunity to its soldiers, and now for them, war crimes are a method of waging war. If we don’t stop them, they will go as far as they can get.
The support is derived from a fact of the collective unity of democratic countries to repel Russian aggression and to stop the brutality of mass human rights violations.
If we do not want to live in a world where the rules are determined by whoever has the most powerful military potential, rather than the rule of law, this state of affairs must change.
It is in the interest of the international community (not only Ukraine) to uncover war crimes and prosecute responsible ones. The war in Ukraine from the very begging received support and the international society understands the necessity to reinforce international law. Especially in the context of war, which is significantly more difficult. Reestablishing justice, bringing responsible to the court, and reestablishing basic human rights will allow the international community to see that despite how difficult it is, international law works and crime is not left unpunished. This will allow the establishment of a concert base for further development and cooperation.
Jacobsen: How did the human rights abuse evolve leading into the full-scale invasion on February 24, 2022?
Nekoliak: The Putin crimes become possible because after SWW the totalitarian Soviet regime was never held accountable. Stalin’s crimes were not judged nor properly understood by the Russian population. And now Putin claims that Stalin was “an effective manager.” If Putin’s legacy is not condemned, the World will become a darker place.
We must break this circle of impunity. Not only for Ukrainians and not only for the other people who suffered from Russian brutality. But for the people who can become the next target of Russian aggression.
It is crucial to support Ukraine’s quest for victory. The attainment of victory in Ukraine, on its own terms, is not only imperative for the Ukrainian people and Europe but also for the entire world. The war, in addition to its devastating physical and emotional consequences, constitutes a direct assault on Ukraine’s domestic endeavors to establish a strong democracy. Anything less than a Ukrainian victory would likely result in further Russian aggression in the region, potentially discouraging or undermining democratization efforts in neighboring countries due to fears of escalating coercive actions by the Kremlin and additional malicious interference. Moreover, it could embolden other authoritarian leaders to engage in more audacious endeavors aimed at undermining democracy and human rights.
Jacobsen: What have been the most significant points of setback and progress on sustaining human rights and international law in the Russo-Ukrainian war?
Nekoliak: Currently, the conduct of hostilities is brutalized; soldiers are denied a quarter, POWs are tortured, and civilian Ukrainians are held captive by the Russian side. Russia is the de facto authority of 20% of Ukrainian territory, creating a grey zone of torture chambers and lawlessness. We find ourselves in a dark place. The justice is far away. The justice for victims of war crimes should not depend on the outcome of actual fighting.
We still look at the world through the lens of the Nuremberg Trials, where Nazi war criminals were tried only after the Nazi regime had collapsed. But we are living in a new reality now. Justice must not wait. A core international crimes must be investigated. We must establish a special tribunal now and hold Putin, Lukashenko and other war criminals accountable. Justice should not also depend on resilience of authoritarian regimes.
As the war enters its second year in Ukraine 2/3 of the world’s population lives under autocratic regimes. It is right to state that the Russian victory in Ukraine will deteriorate the situation further. While Ukrainian will establish a better track for the whole region.
Should Russia emerge as the victor in Ukraine, it would push the world towards a gloomy future where force governs and borders are established through violence, possibly escalating the next, even more devastating, confrontation in Europe. Moreover, it would heighten the prevailing perception that Western influence and the universal principles it upholds are experiencing a significant decline.
Conversely, if Ukraine triumphs, it would inspire optimism that a democratic sovereign state can resist its significantly larger authoritarian neighbor without succumbing. This would be a world where the determination and bravery of President Zelensky and the Ukrainian populace are celebrated. Help Ukraine emerge victorious.
Jacobsen: What are have been the most common forms of human rights abuse against Ukrainians in this war by Russia?
Nekoliak: Since the Russian full-scale invasion of Ukraine on 24 February 2022, Russia has committed numerous war crimes and other violations of IHL, population displacement, illegal referendum and caused massive loss of life (while UN have 10 000 confirmed cases the reality of South if Ukraine us much more grim), up to 2 millions underwent filtration and dicplacment. The list of Russia’s reported violations includes arbitrary detentions and arrests, extrajudicial executions, enforced disappearances of civilians with the complicity of representatives of military administrations, beatings and torture, rape, deportation and forced mobilization, indiscriminate attacks, and attacks deliberately targeting civilians and civilian infrastructure.
A similar set of war crimes were seen in other wars, also those wars where Russia was involved: Georgia, Chechnya, Syria, Mali and the list can be continued.
The first war in Georgia was marked by supression of the Georgian population in Abkhazia, it could be compared to what has happened in occupied Bucha, Irpin and Berdyansk. Inhuman treatment, torture of civilians and mass killing. Hundreds of civilians in mass graves, shocked the international community, it is disturbing and painful to see these photos in the media, but it is the way to speak up and keep attention to what is exactly Ukrainians living through right now.
Another example is child abduction done by the Nazi Germany during WWII, forcibly taking children mostly from Poland aiming for the further prosperity of the Aryan race. The Russian actions right now are not that different, due to this day Russian government is accountable for the relocation of more than 13 thousand Ukrainian children.
The issue of comparison between the war in Ukraine and any other armed conflict is that it is not about establishing which war was the bloodiest, but what we can do now to hold responsible individuals accountable for their crimes and learn from past experiences.
Also, there is a significant difference in when exactly the investigation is taken place because we take the war in Georgia in 2008. Even though the war was rather short, both parties reported violations of humanitarian law and war crimes. Nevertheless, parties were conducting research with limited support from the international partners and only in 2016 ICC was involved. However, in 8 years rather significant information can be lost. That is exactly why war crimes in Ukraine should be documented constantly. And that is why several national organizations, including the Center for Civil Liberties, as well as international partners, are working towards the war crimes documentation and bringing individuals to justice.
So, as of now we collected more than 52 000 episodes of a war crimes. Each episode is registered with a specific provision of the Rome Statute. The General Prosecurors case database is more than 120 000 cases.
Jacobsen: What does the Ukrainian state most need from the international community in terms of support to reclaim annexed territory, making justice from the catalogued human rights abuse rather than only having a record of the crimes, and rebuilding that which has been destroyed by the Russian Federation?
Nekoliak: Since the Russian 2014 invasion Ukraine’s civil society organizations have joined national resistance and defense efforts, expanding on their traditional advocacy and watchdog roles. In this regard, the Center for Civil Liberties (CCL) has had a crucial role in gathering records of war crimes after Russia’s latest invasion, building on its experience documenting war crimes and torture since the start of the War in Donbas in 2014. Justice should not depend on how and when the hostilities end. The legal problem with the invasion is the accountability gap. The International Criminal Court does not have jurisdiction over Russia’s invasion of Ukraine, a crime of aggression. So who will guarantee justice for all the victims? Who will give a chance for justice to the hundreds of thousands of victims who will not be lucky enough to be selected by the International Criminal Court? To bring justice closer, it is important for Ukraine to ratify the Rome Statute and address the issue of universal jurisdiction.
It is obvious already at this stage that the national system will not be able to handle this enormous scope of work. It is therefore important to find ways to increase the capability of the national system to respond to appeals for justice from all of the victims of this war. Instruments should be found or created to help Ukrainian national investigations and administration of justice, for example, under the model of a special international tribunal.
Jacobsen: How can individuals and organizations support the Center for Civil Liberties in particular or the Ukrainian people more broadly?
Nekoliak: I will ask Europeans to be patient and prepare for a long war. To see their Ukrainian, Syrian, Sudan, Afghan or Ethiopian neighbors as not temporary.
It is also crucial to create more internship opportunities/places for Ukrainians in local universities, especially law schools and global and European studies.
Ukrainian youth should be able to apply for internships at the European Commission (Blue Book traineeships) and the European Parliament (Schuman traineeship), and then go back to start a civil service in Ukraine’s diplomatic missions abroad, the MFA, the Ministry of Justice, the Ministry of Economy and European Integration, the Office of the Vice Prime Minister for European and Euro-Atlantic Integration of Ukraine, and other relevant departments.
I was selected for a traineeship in EUROSTAT for the October 2022- Jan 2023 session, but Marshal Law prevented me from traveling abroad from Kyiv.
I would ask Ukrainian refugees in various EU member states to integrate into local communities, learn the national language, become an active part of the workforce, study hard and draw the attention of the local population to the need for continued support for Ukraine during a full-scale invasion. Nobody knows when they will be able to come back home, therefore it’s important for them to continue leaving and don’t stay trapped in their minds at 5 am morning of 24 February 2022.
Jacobsen: Thank you for the opportunity and your time, Roman.
Further Internal Resources (Chronological, yyyy/mm/dd):
Remus Cernea on Independent War Correspondence in Ukraine (2023/08/25)
Ms. Oleksandra Romantsova on Ukraine and Putin (2023/09/01)
Oleksandra Romantsova on Prigozhin and Amnesty International (2023/12/03)
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Photo credit: Roman Nekoliak.