The new law is a toxic addition to the growing array of draconian criminal legislation adopted in recent years in the name of “state security.” Such legislation criminalizes “confidential cooperation” with foreign governments or international organizations that are considered contrary to Russia’s broadly defined “state security,” and it is punishable with up to eight years in prison. Repeat offenses of calling for sanctions against Russia are punishable with up to three years.
The law is apparently aimed at further undermining international efforts to secure accountability for crimes committed by Russian nationals, including in Ukraine. It comes after ICC judges issued arrest warrants for Russian President Vladimir Putin and his children’s rights commissioner, Maria Lvova-Belova, on March 17. The judges found reasonable grounds to believe that Putin and Lvova-Belova bear criminal responsibility for the alleged unlawful deportation and transfer of Ukrainian children from occupied areas of Ukraine to Russia.
The new law is a response to the ICC’s arrest warrants and targets foreign state bodies, such as Ukrainian courts and the District Court of The Hague in the Netherlands, which handed down a long-awaited ruling on November 17, 2022, related to Malaysia Airlines flight MH17, which was shot down over eastern Ukraine in July 2014. The Dutch court convicted two Russian nationals and a Ukrainian in absentia of murder for their role in the downing of the plane. Ukrainian authorities have also been conducting their own criminal investigations into serious crimes committed by Russian forces in Ukraine as part of the Russia-Ukraine war.
Russian human rights defenders are concerned that the law may be used to criminally prosecute calls for or assistance to ensure the enforcement of decisions by international judicial bodies in which Russia is not a member, including the European Court of Human Rights (ECtHR). Of note, Human Rights Watch is already aware of four cases in which applicants who had been awarded just satisfaction by the ECtHR for violations of their rights under the European Convention chose to drop their claims in light of the new law.
The international community should publicly make clear that they will remain undaunted in their support for judicial bodies like the ICC and will not tolerate Russia’s attempted obstruction of their crucial work. The adoption of this disturbing law is another move by Russian authorities to systematically stifle any effort to seek justice and deter scrutiny of Russia’s conduct abroad.
In addition to the new law, Russia passed another bill in its lower house of parliament in December, which would provide effective immunity for certain crimes committed in Russia-occupied areas of Donetska, Luhanska, Zaporizka, and Khersonska regions of Ukraine while acting “in the interests of the Russian Federation.” These laws are raising concerns about Russia’s commitment to human rights and accountability for their actions, especially in territories where they have military presence.
In conclusion, the adoption of these laws highlights Russia’s disregard for international justice and human rights. It underscores the need for continued efforts by the international community and human rights organizations to hold Russian officials and military personnel accountable for their actions. Furthermore, it emphasizes the importance of justice and accountability for victims of serious crimes, regardless of where they occur.
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