Evhen Tsybulenko
Ph.D., Professor
Kyiv International University
Kyiv, Ukraine
Senior Lecturer
TalTech Law School
Tallinn, Estonia
[email protected]
It is impossible to win a war without a clear understanding of how it should end. When we discuss the Russo-Ukrainian war, it is crucial to remember that this is not merely a conflict between two nations; it is a battle between civilization and new barbarians, a rising axis of evil (Russia-Iran-North Korea, with the lingering indirect backing of communist China) that repudiates not just the fundamental tenets of law of war but also the ruled by law world order and human ethics as a whole. When US Secretary of Defense Lloyd Austin asserts that «The United States aims for a free and sovereign Ukraine capable of defending itself today and deterring further Russian aggression in the future,» this does not offer a lasting solution. Russia will recuperate and embark with renewed vigor, and the new objective will not only be Ukraine; it will be NATO territory, where they will test their strength. Additionally, this will serve as a green light to all dictators worldwide. We are already witnessing Hamas assaults on Israel, Venezuela’s preparations to annex two-thirds of Guyana’s territory, and the PRC’s potential invasion of Taiwan, which could result not only in the collapse of the global economy but also a nuclear war.
Is this assertion an overstatement? Let’s examine the facts. As of today, the Ukrainian Prosecutor General’s Office has officially registered 111,996 (!) war crimes (yes, over one hundred thousand, and this figure continues to rise every day; by the time this article is published, this number will be much higher). The actual figure can be verified on the authority’s official website, which provides an updated table with the number of crimes also in English: https://gp.gov.ua/. These crimes are primarily documented in liberated territories. The situation in occupied territories can only be speculated upon, but the number of crimes could easily be double or even triple the current figure.
The mass graves near Mariupol, which can be seen from satellites, speak volumes. This is not merely about supporting or opposing the war; it is about war crimes. It is impossible to accuse the Ukrainian prosecution of manipulation, as experts from the International Criminal Court and numerous international organizations are already involved in gathering evidence. Considering the size of the Russian military contingent, it implies that virtually every Russian soldier at all levels – from privates, sergeants, junior and senior officers to generals, and even the supreme commander-in-chief (conscripts, contract soldiers, regulars) – has individually or as part of their units committed war crimes. These are ordinary sons, brothers, fathers, and husbands.
Upon examining the list of war crimes provided in Article 8 of the Statute of the International Criminal Court, it becomes evident that there is not a single war crime that has not been committed en masse by the Russian occupiers. These crimes range from the killing of civilians, rape, and theft of toilets and dog kennels (and this is not an exaggeration) by ordinary soldiers to the deliberate destruction of critical civilian infrastructure at the strategic level and the state policy of abducting children, for which, by the way, the International Criminal Court has already issued an arrest warrant for Putin.
Investigating such a vast number of crimes poses significant technical challenges. Therefore, it will require maximum coordination of efforts among Ukrainian courts, courts of other countries that operate based on the principle of universal jurisdiction, an international criminal court, and a separate tribunal for the crime of aggression, which I hope will be established.
Undoubtedly, the current Russian regime will go to great lengths to protect Putin and other criminals, making it imperative for the international community to provide unwavering support to Ukraine, ensuring that Russia suffers a decisive military defeat. If the West makes concessions at Ukraine’s expense, it will not only make it challenging to punish criminals in the near future but will also lead to the complete collapse of the world order based on the rule of law.
That is why the West must forget about political strife and make every effort to ensure that Russia suffers a heavy military defeat and ceases to exist within its current borders. The country must be divided into small democratic states, nuclear weapons must be removed, reparations must be paid, criminals must be punished, and the population must undergo a de-ruscification procedure following the example of the de-nazification of Germany after the Second World War.
It is important to define Ruscism, which is finally mentioned and its practices condemned in an official NATO document: UNITED AND RESOLUTE IN SUPPORT OF UKRAINE, DECLARATION 482. Many believe that Ruscism is Russian fascism. Meanwhile, I am sure that it is much deeper and more dangerous. This is a unique Russian phenomenon that was formed as a result of not even decades but centuries of negative selection on the territory of present-day Russia. This is a completely unique mixture of fascism, Nazism, communism, the imperial “Great Russian” mentality, and Orthodox obscurantism. That is why the term is absolutely accurate, and, as a purely Russian phenomenon, it should be called accordingly. And, yes, Ruscism must disappear like its predecessor, Nazism!