CHAPTER 3

CLEAR WAR CRIMES

Even if Chechnya is accepted as a part of Russian Federation as claimed by the Kremlin thesis, the binding edicts of the Geneva Convention to which Russia is also a party can not be ignored.

Especially the 3rd clause of the Convention explains the principles to be obeyed, in case a non-international armed conflict arises in one of the party countries. If Chechnya is a member of Russia, then the 3rd clause of the Geneva Convention is in use. Furthermore, these edicts of Geneva Convention are binding the sides in international conflicts too.

As Russia claims "Chechnya is her domestic problem" she considers Chechnya as a part of Russia. By doing this, Russia is trying to obtain a mandate from international law for his non-law abiding actions in a land that she has been holding under occupation for 400 years. On the other hand, the articles of the Geneva Convention are very clear. The countries that do not abide with these edicts lose the position of "fighting side" and they may be become liable to persecution for war crimes they have committed. In spite of these provisions, Russia, although she was devoid of any human lawful means, was able to put pressure on many countries during the voting related to Russian aggression in the Chechnya in United Nations Human Rights Commission and European Council Parliaments House and was able to obtain satisfactory results for her aims.. (76)

The common article 3 of the Geneva Convention to which Russia is also a party, states what constitutes a minimum of humane treatment. The following acts, committed against the persons mentioned above, are and must remain prohibited at all times and in all places:

a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

b) Taking of hostages;

c) Outrages upon personal dignity, in particular, humiliating and degrading treatment;

d) The passing of sentences and carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

Although the war that Russia conducts in Chechnya is full of these violations, the international society is very careful not to spell "war criminals" for Russian authorities.

Shortly, Geneva Conventions to which Russia is also a party mentions not a war among two or more states but an armed strife in the land of one of the member states of Geneva Convention. Even if Chechnya as an independent state is at war with Russia, the articles of the Geneva Conventions are still valid. Similarly, the Chechen side, whatever her legal status is also liable to articles of the Geneva Conventions. Besides, the Chechen side is also a party to this Convention. Indeed, the elected President of the Republic Chechen-Ichkeria, Aslan Maskhadov in his letter to the Sweden Federal Council on May 2001 has stated that the Republic Chechen-Ichkeria is a party to the articles and protocols of the Geneva Convention and the Chechen armed forces will abide by the principles of war laws. (77)

As Chechnya was not able to obtain her "de jure" independence, it has been impossible for her to sign the Geneva Conventions.

Crime of Genocide

Russia is using mass destruction weapons, which were prohibited by international treaties in Chechnya. Russia has made half population of Chechnya refugees. It has been killing and torturing children, women, old people and unarmed men without discrimination between civilians and combatants. All these actions make Russia's war crimes file very thick.

Although Russia has been breaching all the rules in the "Convention on the Prevention and Punishment of the Crime of Genocide", the reason why Russia is not tried at La Hague International Justice Court is political. The present equilibrium of power centers do not permit the trial of any of the Russian leaders

According to Convention on the Prevention and Punishment of the Crime of Genocide, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

" Killing members of the group;

" Causing serious bodily or mental harm to members of the group;

" Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

" Imposing measures intended to prevent births within the group;

" Forcibly transferring children of the group to another group.

The Difficulties applying at European Court of Human Rights

The violence and oppression politics that were directed by Russia not only against at Chechens but against at all Caucasus was inherited by USSR and similar politics was pursued during that era. Unfortunately, in our new era where the international law has obtained such a respectful position, the Russian atrocities continued during the new federative regime.

The prevailing cultural and religious system in Caucasus and especially in Chechnya is entirely different from Russia's preferences. It is also very important to realize that, in Chechnya these oppressions are directed to a people of different ethnical, religious, historical and cultural identity. Many esteemed international organizations like United Nations Commission on Human Rights, OSCE, Parliamentary Assembly for Council of Europe, Amnesty International, Society for Threatened Peoples, Human Rights Watch, Commission of International Lawyers, International Helsinki Federation, Institute of East European Democracy, Physicians for Human Rights, Physicians for Global Survival, Council of World Churches have described the crimes committed by the Russian armies in their special reports. Although these reports did not prevent Russians from their crimes, at least these crimes against humanity and oppression were recorded.

It may be asked why the Chechens did not take their cases to the European Court of Human Rights? The right of persecuted Chechen people at the European Court is reserved, but the obstacles against the applications of the Chechen people at the Court must be removed.
Firstly, Chechnya, after proclaiming her independence following the break up of the USSR, was not able to have means to galvanize her internal dynamics. While Chechnya was trying to shake off the terrible inheritance of the USSR, she was faced with the war of 1994-1996 against Russia. During this period she was not able to improve her economy, legal and educational systems. After the war, As Chechnya was trying to recover from the losses she sustained she was subjected to a desultory and unlawful Russian blockade. Furthermore it was attempted to make Chechnya a centre of criminals. In order to gain these aims, certain power centres that posed as threats against the stability of Chechen administration were created. Consequently, Russia used this "criminal" argument in international field to justify her aggression against Chechnya and she managed to portray the Chechens as criminals.

Chechnya was strangled and her attempts made to contact with the international world was prevented. Chechen individuals attempted to take their cases to the European Court of Human Rights many times. Since they did not have sufficient information how to proceed and they lacked the necessary financial resources, all their attempts failed.

It is obvious that the Chechens need help and enlightment. They did not have time and means to produce experienced lawyers who can take their cause to international courts. Therefore, The Chechens need the support of individuals and organizations with the experience of international laws as much as financial sources.

The Right to Life and Prohibition of Torture

It should be remembered that, Russia is a party of "European Convention on Human Rights" and "Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment" which proclaims the right to life, to protection against ethnical and religious persecution and torture, to freedom of thought, conscience and religion

"The right to life" that is guaranteed by these conventions can not be restricted and violated even in war times. In the first war which had attracted more attention from the international community and in the present (second) war labelled as "anti-terror operation", Russia has more than breached all these edicts in the conventions

The 3rd article of the European Convention of Human Rights and 7th article of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment forbids torture in the conflict time too.

As a result of the 1st article of European Convention on Human Rights, in order investigate the application of the clause of prohibiting torture, The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment was founded. According to the 8th article of this convention, a state party to the convention shall provide the Committee with the following facilities to carry out its task:

a. Access to its territory and the right to travel without restriction;

b. Full information on the places where persons deprived of their liberty are being held;

c. Unlimited access to any place where persons are deprived of their liberty, including the right to move inside such places without restriction.

The 9th Article of the International Covenant on Civil and Political Rights (ICCPR) and the 7th article of European Convention of Human Rights (ECHR) forbid arbitrary arrest or detention. According to these articles, anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

According to the 14th article of ICCPR and 6th article of ECHR, everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law and everyone must be informed promptly of the nature and cause of the charge against him;
As Russia did not proclaim public emergency she did not either announce that she will not abide by these conventions

Common Article 3 to the four Conventions applies to all armed conflicts of a non-international character and occurring in the territory of one of the High Contracting parties to the Convention. In such a case, persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those who are hors de combat for any other reason will in all circumstances be treated humanely without any adverse distinction. Additional 2. Protocol accepted on 7 June 1977 in which all the wounded, sick and shipwrecked must be respected and protected, medical personnel must be respected, protected and helped in the performance of their duties in aiding all the wounded and sick without discrimination

The Convention also mentions that; in the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.

The human right reports clearly show that The Russians keep shooting and killing people indiscriminately. They continue to torture, to beat, to inflict wounds, to bomb and to raid the houses. Most Russian actions are proved to be directed against civilian population and medical help units.

The reports compiled by Physicians for Human Rights on Aldi and Katır-Yurt have clearly showed that The Russians are systematically and intensely killing the civilian population. It is clearly proved that the Russian Federal soldiers kill not as a result of unavoidable war conditions, but arbitrarily and intentionally. Therefore they clearly commit war crimes. (International Humanitarian Law And Human Rights Law, Endless Brutaliy: War Crimes in Chechnya)

The only one concrete step taken by the international community has been to compile the Russian atrocities in detail and publish them. The weak protests against Russia have no effect. On the other hand, these crime reports will be invaluable sources for the probable trial of Russian authorities responsible for the crimes they committed in Chechnya.

Since it is impossible to expect from the Russian administration any justice related to the crimes committed in Chechnya, it is the responsibility of international mechanisms to establish justice in Chechnya.

Of course here the most important question to be dwelled upon is, whether is it possible to talk about such an international mechanism to respond this call or not.

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76- "European Council gave honour to Kremlin as returning vote right in the council to her in April 2000, in spite of tragedy and continuing invasion in Chechnya." Visa for massacre from Europe, 26.01.2001, Agency Caucasus,

http://www.kafkas.org.tr/ajans/26.01.2001%20%20Avrupadan%20soykirima%20vize.html
77- "Chechen Rebels bid for Geneva Conventions status," Associated Press, May 6, 2000; Quoting: Human Rights Watch, October 2000, "Welcome to Hell" Arbitrary Detention, Torture, and Extortion in Chechnya