In framework of permanent co-operation with United Nations’ bodies our Association sent this spring submission to UN Working Group on the use of mercenaries for preparing report on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination.
ARC’s submission, prepared by Professor Borys Babin and published at the UN web-sourses now, reminded to UN officials that Russia’s occupation of the Crimea, Donetsk and Luhansk, the subsequent full-scale invasion against Ukraine by Russia, and the crimes committed by Russian military and mercenaries against civilians, raised the question of codifying such terms as “criminal state” and “terrorist state” in international law.
ARC’s submission stressed on International Court of Justice’s judgment, done in January, 2024 in case 166 Ukraine v. Russian Federation that established violation the International Convention for the Suppression of the Financing of Terrorism by Russia in part of non-investigation allegations of the commission of terrorism financing offences by alleged offenders present in its territory
This case 166 showed that issue of common and differs on state-controlled terrorists and mercenaries and, respectively, their financing, is extremely important for modern international law, ARC stressed in its submission.
Also our Associaiton added to UN Working Group that Russia uses illegally own bank system to finance mercenaries on Russia-occupied territory of Ukraine, using as so-called “International Settlement Bank” “registered” in the fake “jurisdiction of South Ossetia” and some Russia’s state banks such as “Promsvyazbank” in the Russia-occupied Crimea, Donetsk, Kherson, Luhansk and Zaporizhzhya regions, that transfers money to Russia’s mercenaries via its “field military offices”.
ARC’s submission stressed that Russian “Sberbank” opened its illegal units in Crimea, especially in its Southern part where its bosses like German Gref have own criminal “commercial interest”, and it is also used there for financing Russia’s mercenaries.
ARC’s submission added also, that Russian invaders use for their financial machinations the structures of illegal “Post of Crimea” in Russia-occupied Crimea, parts of Kherson and Zaporizhzhya regions, also as illegal “Post of Donbas” in East of Ukraine, as de-facto structure units of “Post of Russia”.
Now UN Working Group published the above-mentoned Report A/79/305, done in accordance with General Assembly resolution 78/191 and Human Rights Council resolution 51/13, where it ascnowlkeged our Association’s input to relevant United Nations’ researchs.
In point 16 of this Report, UN Working Group confirms, referring to above-described ARC’s submission on Russian terrorists and mercenaries, that states are involved in the funding of mercenaries and related actors, including supporting recruitment costs, travel, provisioning, salary disbursements and sustainment.
Finalising the Report A/79/305, UN Working Group stresses that states are responsible for mercenaries’ conduct, when they outsource their functions and host non-State actors operating in their territory, including private military and security companies, and that states must ensure that mercenaries respect relevant legal rules, including international human rights and humanitarian standards.
Report A/79/305 also demands from states to effectively regulate private military and security companies to ensure that they respect relevant legal rules; to investigate, prosecute and sanction violations committed by mercenaries, mercenary-related actors and private military and security companies, including in relation to crimes committed at abroad, and ensure effective access to justice, accountability and remedy for victims.
