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Putin has declared war, but not just against Ukraine, with his proposed constitutional changes
http://khpg.org ^ | 16.01.2020 | Halya Coynash

Posted on 01/17/2020 6:50:59 AM PST by UMCRevMom@aol.com

Russian President Vladimir Putin has added Zakhar Prylepin, Russian writer and Donbas fighter to the so-called 'working group' for the constitutional amendments he announced on 15 January. Prylepin's inclusion is a grave affront to all Ukrainians, however the changes Putin is planning are likely to have even more serious ramifications for Ukraine. While well-known Ukrainian journalist Vitaly Portnikov is doubtless correct in saying that Putin's plans are akin to a declaration of war against Ukraine, they are also an assault on international law and, therefore, a challenge to the European structures and leaders who are increasingly seeking so-called 'dialogue' with Russia.

Most western commentators have viewed the announced changes in terms of the role Putin is likely carving out for himself after his fourth official presidential term ends in 2024. Since nobody imagined he planned to relinquish power, how he retains it may prove less momentous than the fundamental shift in Russia's position that he declared.

Putin is proposing to guarantee in Russia's Constitution the priority of that document "in our legal realm" This means that the requirements of international legislation and agreements, as well as the decisions of international bodies can function on Russian territory only in that part which does not result in restrictions of human and civil rights and liberties, and does not contradict our Constitution."

Putin began moving in this direction back in 2015 when a law was passed allowing Russia to flout the European Court of Human Rights by claiming that it's judgements are in violation of Russia's Constitution. In November 2016, literally the day after the International Criminal Court's Office of the Prosecutor recognized Russia's occupation of Crimea as an 'international armed conflict', Putin announced that Russia would not be joining the International Criminal Court. International media widely reported that Russia was leaving ICC which was not strictly correct. Since it had never ratified the Rome Statute and was not, therefore, a member, he could only petulantly say they didn't want to join. In October 2019 he did, however, revoke an additional Protocol to the Geneva Convention on the protection of victims of international armed conflict which Russia's Soviet predecessors had ratified.

Russia may have become accustomed to flouting international commitments with relative impunity, however liability for war crimes, crimes against humanity, etc, cannot be removed by simply declaring withdrawal from or unwillingness to ratify international agreements. Russia can refuse to cooperate as much as it likes with an ICC investigation, however any individuals suspected of involvement in war crimes could still end up before the Court.

Until now, Russia's outrageous opt-out clause when it didn't wish to comply with a European Court of Human Rights [ECHR] judgement has been used very infrequently. This, however, will almost certainly change after the new constitutional amendments that Putin is proposing.

As Portnikov points out, Putin will ensure that Russia’s illegal annexation of Crimea is firmly set down in this revised Constitution, with this also binding the hands of Putin's successors. Russia's President has thus, Portnikov says, "programmed the conflict between Russia and Ukraine for years or decades, even after he renounces power. This conflict will now be strengthened not only by the military, economic and political scope of the Russian regime, but fixed in Russia’s legal field, in its Constitution."

Portnikov goes on to suggest that these changes "will allow the Kremlin to prepare for new conflicts and seizures and no longer fear either international condemnation or Ukrainian suits."

In relation to individual applications to the European Court of Human Rights, this is probably true. The Court, after all, cannot recognize Crimea as anything but Ukrainian territory and Russia will therefore claim that its judgements breach its Constitution, even if the latter was passed in full awareness that it was violating international law and international agreements.

With other international bodies, the situation will hopefully not be as simple as Putin is assuming and not only because a country cannot so easily shrug off charges of war crimes, etc. Putin may be declaring war on Ukraine through this move, but he is also placing Russia in conflict with the United Nations, all international bodies and democratic countries. This is true as a general principle, since no country can be allowed to claim its 'right' to violate international law. The situation, however, will become especially acute if, as excepted, Russia seeks to 'enshrine' its illegal land-grab in the Constitution. The west's reaction to Russia's invasion and annexation of Crimea was pitifully weak in 2014, and became even weaker in June 2019 when the Parliamentary Assembly of the Council of Europe capitulated to Russia and allowed its return, despite all the reasons for the sanctions against it being still in place. Those who supported Russia’s return then and who advocate 'normalization' of relations with a country waging undeclared war against Ukraine repeat, mantra-like, the claim that 'dialogue is needed'. What dialogue would they propose – save a second shameful Munich Agreement - once Russia flagrantly asserts its 'sovereign right' to spit on all international law?


TOPICS: Editorial; Foreign Affairs; News/Current Events; Russia
KEYWORDS: propaganda; putin; russia; ukraine

1 posted on 01/17/2020 6:50:59 AM PST by UMCRevMom@aol.com
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To: UMCRevMom@aol.com

I get being concerned about Putin, but this could have been written by anyone in on the Dem corruption scheme there as well.


2 posted on 01/17/2020 6:59:39 AM PST by aynrandfreak (Being a Democrat means never having to say you're sorry)
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To: UMCRevMom@aol.com

“This means that the requirements of international legislation and agreements, as well as the decisions of international bodies can function on Russian territory only in that part which does not result in restrictions of human and civil rights and liberties, and does not contradict our Constitution.”

Clearly an assault upon Europe. This is precisely why the globalist order hates him. That includes Democrats and neocons.


3 posted on 01/17/2020 7:19:54 AM PST by DesertRhino (Dog is man's best friend, and moslems hate dogs. Add that up. ....)
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To: DesertRhino

He’s Putin. What’s not to hate?


4 posted on 01/17/2020 7:54:02 AM PST by nuconvert ( Warning: Accused of being a radical militarist. Approach with caution.)
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To: UMCRevMom@aol.com

US give up your Nukes and we’ll protect you. Ukraine invaded! Never mind.


5 posted on 01/17/2020 8:03:18 AM PST by Harpotoo (Being a socialist is a lot easier than having to WORK like the rest of US:-))
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To: UMCRevMom@aol.com

The world would be safer without Putin.


6 posted on 01/17/2020 8:12:39 AM PST by rrrod
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To: rrrod

Technically, the world would be safer without human beings.


7 posted on 01/17/2020 8:24:41 AM PST by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
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To: UMCRevMom@aol.com

I actually don’t have a problem with Russia saying that it has no obligations to a European Union court.

Because neither does the USA.


8 posted on 01/17/2020 8:42:45 AM PST by MeganC (There is nothing feminine about feminism.)
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To: DesertRhino
Clearly an assault upon Europe.

Merkel is Europe and she has no intention of letting a little thing like this get in the way of her collusion with pootie poot.

9 posted on 01/17/2020 8:54:41 AM PST by Sirius Lee (They are openly stating that they intend to murder us. Prep if you want to live.)
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To: UCANSEE2
Technically, the world would be safer without human beings.

But specifically it would be safer without certain individuals, and persecutor Putin is one, although there are worse, and he does espouse some right values.

10 posted on 01/17/2020 9:15:02 AM PST by daniel1212 ( Trust the risen Lord Jesus to save you as a damned and destitute sinner + be baptized + follow Him)
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To: UMCRevMom@aol.com

Putin will only permanently leave the Kremlin feet first.


11 posted on 01/17/2020 11:10:45 AM PST by tlozo
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To: UMCRevMom@aol.com

“”Putin’s plans are akin to a declaration of war against Ukraine,””

Did Russia’s invasion of Ukraine go unnoticed by their seizure of Crimea? Semantics?


12 posted on 01/17/2020 12:51:00 PM PST by Thank You Rush
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To: nuconvert

“He’s Putin. What’s not to hate?”

Hey, the man covers Fats Domino’s Blueberry Hill and he’s not trying to ban oversize soft drinks or guns in America. He could be worse, he could be campaigning to elect Tom Steyer or Bernie Sanders or Fauxcahontas.


13 posted on 01/18/2020 4:32:23 AM PST by RipSawyer (I need some green first and then we'll talk a new deal!)
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To: RipSawyer

Except he’s killed & disappeared more people than the Clintons


14 posted on 01/18/2020 5:42:15 AM PST by nuconvert ( Warning: Accused of being a radical militarist. Approach with caution.)
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