Call-up for military service in Crimea – the violation of international law

crimea

The military call-up has started in Russia and in the annexed Crimea. International community expressed its deep concern regarding the actions of Russian officials, because it does not recognize Crimea as Russian territory, but as Ukrainian territory. High Representative of the European Union for Foreign Affairs and Security Policy Josep Borrell stated that Russia’ actions were harsh violations of both European and international law.

According to the information collected by human rights protection organization “Human Rights Watch” (HRW), Russia has been increasing the number of persons called-up in Crimea (from 500 in 2015 to 3300 in 2020). Dodging conscription is a felony offence in Russia and is punished by fine or 2 years of imprisonment (p.1 art.328 of the Criminal Code of Russian Federation). According to HRW, in the period of 2017-2019, 71 penal proceedings have been initiated in this regard in Crimea and 63 penal proceedings have already received court-martial convictions. In fact, the number of these proceedings is much bigger because the access to the information is restricted by Russian authorities. In most cases the convicted persons were fined in the amount of 5000 to 60000 rubles (app. $77-1000).

Taking into account that international organizations collected numerous facts proving that Crimean people were forced to adopt Russian citizenship (residents of Crimea had no choice, most of them obtained Russian citizenship automatically and those expressing will to save Ukrainian citizenship faced with intimidations and oppressions) there is clear violation of Geneva Convention of 12 August 1949.

The call-up of residents of occupied lands to the army of country-occupant and permanent propaganda to join Russian military forces breach article 51 of Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, August 1949: «The Occupying Power may not compel protected persons to serve in its armed or auxiliary forces. No pressure or propaganda which aims at securing voluntary enlistment is permitted». The Convention directly prohibits any pressure or propaganda in favor of enlistment. The fact that most part of called-up persons are transferred outside the Crimean Peninsula means violation of article 49 of mentioned convention.

«As an occupying power, Russia not only has no right to conscript people in Crimea, but its draft is blatantly violating international law,» Hugh Williamson, Europe and Central Asia director of HRW said.

It is worth mentioning that it is not only the large list of crimes of Russia in Crimea, it is the aggression against neighborhood country, occupation of its territory, forceful adoption of Russian citizenship and forcing of Crimean residents to join Russian military forces under the threat of criminal liability in case of refuse.

In addition, against the backdrop of world pandemic of COVID-19 and COVID-19 registered in Crimea, Russia ignores the danger of spreading the virus among persons called-up in Crimea and in Russia in general. The health and the lives of called-up persons are in great danger.

The actions of Russia are direct violation of international law and finally it will be the case of Hague Criminal court trial. That is why the work done by international organizations in Crimea is very important, as they collect and represent to the world the evidences for future trials against current Russian regime.

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