Intl Law Dismantled By Russian Occupation Of Crimea – Lawyer

What You Need To Know:

✓ International law mandates that Ukraine's law should be followed in Crimea
✓ UN should create a special court to deal with human rights violations in Ukraine
✓ Recommendations include creating an online database for Crimeans to give legal documents to protect their rights
✓ "Even during an occupation human rights still exist"

Ivanna Bilych, General Counsel for Razom (Together) For Ukraine, spoke with Hromadske's Angelina Karianka about the situation in Crimea.

"People do not know what to expect or what they are dealing with. That is why we try to explain to people what their rights are with respect to occupation. Even during an occupation human rights still exist."

There is confusion as to which law the Crimean citizens should follow, to which Bilych says; that as an occupied region, international law mandates that Crimea follow Ukraine's sovereign law. Russia is denying the status as an occupying power - a double violation of international law: occupying and applying their law to the region.

"Crimeans are in a unique situation. International law and international legal experts don't know how to deal with this situation," says Bilych.

Bilych argues that what would help Ukraine most is to have the UN create a special court to deal with the human rights violations that took place on Maidan and now in Crimea. "We came to the opinion that that would be the perfect solution."

"Using the Ukrainian laws by international judges those cases would be decided."

"The situation is unprecedented, we are witnessing the world international law and order that had been established after the WW2 has been completely dismantled by the Russian Federation," explains Bilych. "This puts the whole international community in a legal vacuum."

One of the recommendations that Bilych has is to create a database so that Crimeans can submit - anonymously or not - the legal documents to their rights such as the deed to their house, if they engaged in any legal decisions with the de facto occupying power in Russia. This would give the population great leverage against Russia and ensure security of the citizens there. These are recommendations for the International Community, but Ukraine has many obligations as well

"There are a lot of declarations, but not so many actions," explained Olena Sharvan, a lawyer for Razom accompanying Bilych.

An example is how there is no way for Crimean citizens to submit human rights violation complaints and Ukraine cannot pursue them. There are plans to reform the security in Kherson oblast, bordering Crimea, but yet again, action is needed.

When asked about the need for Ukraine to formally declare Russia as an occupying power and thus put responsibility for human rights violations on them, Razom lawyers said: "When the definition of occupation is met there is no need for a formal declaration," says Sharvan. "There is no formal application. Russia should obey international law.

Hromadske International's Angelina Kariakina spoke with Ivanna Bilych, Olena Sharvan and  Matheus De Moura Sena in June, 2015.