2017 © eng: genocide-copyright
On December 9th 1948 the UN General Assembly adopted Genocide Convention. Soviet Ukraine signed the document in 1949, and in 1954 ratified it.
"Article II" Convention states:
«In the present Convention, 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:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.»
The author of the term "genocide" Raphael Lemkin called the mass murder of Ukrainian early 1930s, "a classic example of genocide." In addition to man-made starvation of Ukrainian peasants, Lemkin considered the destruction of Ukrainian intellectuals and elimination of the Ukrainian Autocephalous Orthodox Church as integral parts of the genocidal act.
In Ukraine, the first legal act, which qualified genocide was the Law "On the Holodomor of 1932 – 1933 in Ukraine", passed by Parliament on November 28, 2006. Article 1 of this document states: "Holodomor 1932 – 1933 in Ukraine is an act of genocide of the Ukrainian people.” The law became a political and legal basis for large-scale official investigation of the crime of genocide in Ukraine in 1932 – 1933.
Violating criminal case SSU guided by standards as national legislation and the international treaties which according to Art. 9 of the Constitution of Ukraine and art. 3 of the Criminal Code are part of criminal law.
Addition to UN Convention on the Prevention and Punishment of the Crime of Genocide for it of 1948 it deals with such international legal acts as the European Convention on the Protection of Human Rights and Fundamental Freedoms, dated November 4, 1950, International Covenant on Civil and Political Rights, dated 1966 and The UN Convention "On the Non-applicability of Statutory Limitations to War Crimes and Crimes Against Humanity", dated November 26, 1968.
During the investigation it was proven intent of the Soviet Union leadership to destroy the Ukrainian nation, which is a priority in the proof of the genocidal nature of the crime. The conclusion about the existence of intent to commit genocide and awareness of this can be done with the relevant facts and circumstances. That intention does not have to be clearly stated in the documents or oral expressed in public speeches. It can be argued, based on the facts and circumstances of the crime.
The resolution of the Appeal Court stated: “The pre-trial investigatory body has fully and comprehensively established the specific intent of J.V. Stalin (Dzhugashvili), V.M. Molotov (Skriabin), L.M. Kaganovich, P.P. Postyshev, S.V. Kossior, V.Ya. Chubar, and M.M. Khatayevich to destroy in part specifically the Ukrainian (and not any other) national group. It has also been objectively proven that this intent applied specifically to a part of the Ukrainian national group as such.” The subject of special attention of the Appeal Court was the question of retroaction according to Art. 442 of the Criminal Code of Ukraine. Based on the provisions of Art. 7 of the the European Convention on the Protection of Human Rights and Fundamental Freedoms and art. 1 of the UN Convention "On the Non-applicability of Statutory Limitations to War Crimes and Crimes Against Humanity", the court acknowledged that was "there are no legal prohibitions to apply Part. 1, Art. 442 of the Criminal Code of Ukraine in reverse time "action of persons who committed the genocide of 1932 – 1933 in Ukraine".
Through its activities on bilateral and multilateral levels Ukraine supports the establishment of historical truth and the commemorating of international community the memory of millions of Ukrainians, which was deliberately killed by Stalin's regime.
The problem of the denial of the Holodomor of 1932 – 1933 in Ukraine as a whole or its denial as a crime of genocide, as the problem of the denial of many other crimes of genocide, is not new. In particular for a long time it has been challenged the Armenian Genocide, the Holocaust as genocide and others.
That was the first reaction of the world to the Armenian genocide, then the Holodomor, which actually untied the hands of Hitler and convinced him of his impunity. The famous words of Hitler were: "Who after all speaks today about the annihilation of the Armenians?" Most objections of Holodomor as genocide have been heard from Russia today, which is the successor of the Soviet Union. That trend is very worrying for the citizens of Ukraine. That trend is very worried for the citizens of Ukraine. Annexation of Crimea and the Russian aggression East of Ukraine preceded statements of the Russian Federation about "one nation" Ukrainians and Russians and non-recognition of detached Ukrainian nation. All this is a source of concern to the Ukrainians, who survived the genocide.
A world where totalitarianism in various forms continues to exist, has to know truth about the Holodomor, because this knowledge will avoid such tragedies in the future. As international experience shows, the denial of genocides, their neglect become an extremely dangerous phenomenon that can’t be ignored.