Free Russia Foundation Launches #NoToWar Campaign

There must be a Ukrainian ‘Nuremberg Trial’ and it should be hosted in Mariupol

Apr 12 2022

By Vlada Smolinska

Over the weeks since the start of Russia’s brutal aggression against Ukraine, the world has witnessed in horror massive, purposeful, and unremorseful violations of international humanitarian law perpetrated against the people of Ukraine by Russian armed forces. Convicting those responsible for carrying out flagrant crimes against international law in Ukraine, in particular war crimes, is not just a matter of keeping faith with high moral standards and the rule of law by the international community, but is an existential imperative for global governance.

Evidence of new crimes is uncovered every day, and these crimes are ongoing.  As you are reading this text, the world is learning about the horrific events in towns and villages 20 km from Kyiv – in particular, Bucha and Irpin — liberated from Russian occupiers. Ukrainian civilians – men, women, and children – shot dead in the back of their heads, with their hands tied behind their backs, lying on the ground in the streets for weeks. Bodies trampled by Russian tanks. Toddlers raped and tortured to death. Family members forced to watch. Mass graves with at least 280 people executed have been found.  Accounts of Russians shooting unarmed civilian refugees as they tried to evacuate cities and villages occupied by Russia soldiers.

As the world is processing, shell-shocked, the photos of the Russian genocide in tiny Bucha, we must remember that an even greater catastrophe is unfolding in Mariupol –– a city the size of Miami. Russia’s forces have besieged the city for over a month now, leaving residents without water, food, and electric power, under constant shelling and bombing. Residential buildings, hospitals, schools, kindergartens have been intentionally leveled to the ground by air strikes.

Most of the sites hit by the Russians in Ukraine were clearly marked as in-use by civilians. This includes Mariupol maternity hospital and Mariupol theater, clearly marked with the word “дети” — Russian for “children” — in huge letters visible from the sky. As a result, the number of civilians killed could be as high as 25, 000 according to the Mariupol Mayor’s advisor.

Yet, Russia has not stopped there. On April 11, in Mariupol, Russian armed forces used chemical weapons, presumably sarin — a nerve agent prohibited by international law, against both military and civilians. Exposure to Sarin is lethal even at very low concentrations, such that death can occur due to suffocation from respiratory paralysis within one to ten minutes after direct inhalation of a lethal dose, unless antidotes are quickly administered. People who absorb a non-lethal dose, but do not receive immediate medical treatment, may suffer permanent neurological damage. Mariupol residents subjected to prolonged siege do not have access to medical treatment. While the standard recommendations for civilians exposed to chemical weapons attacks are to close all the windows and remain close to a source of running water, residents of Mariupol no longer have either glass windows or running water.

That Russian armed forces were prepared to employ chemical weapons in their military assault against Ukraine was foreshadowed by their typical false-flag information line accusing the Ukrainian side of readiness to use chemical or biological weapons. The United States and United Kingdom highlighted the propaganda approach and its meaning, issuing warnings that the Russians likely intended to employ such devices themselves and assign blame to Ukrainian defenders.

Russia’s deliberate genocide of the Ukrainian population, including Mariupol residents, is readily discerned.  In the wake of the initial international outcry in response to the horrific tragedy of Bucha, Russia deployed mobile crematoria in Mariupol to cover up its crimes.

Carla Del Ponte, the former chief prosecutor of United Nations war crimes tribunals for Yugoslavia and Rwanda, asserted there were clear war crimes being committed by Russians in Ukraine and called for an international arrest warrant to be issued for Russian President Vladimir Putin.

President Biden publicly called Putin a war criminal. U.S. Secretary of State Blinken declared that the U.S. government assessed that members of Russia’s forces had committed war crimes in Ukraine.

Now, these powerful words must be followed with effective actions. Putin must be brought before a tribunal to be tried and sentenced for his crimes. Russia as a State must be held responsible for each and every violation of international law, including the Chemical Weapons Convention of 1993.

Bring Putin and his Regime to Justice

Putin’s regime proclaimed “denazification” to be the main goal of its war — what they call a “special military operation” — against Ukraine. Yet even a superficial examination of the situation and history dispels this ruse.

The official transcript of Day 68 of the Nuremberg Tribunal, established at the end of the Second World War to try and convict Nazi leaders, says: “Before their retreat from Mariupol the German occupational authorities burned down all the 68 schools, 17 kindergartens…and the Palace of the Pioneers.”

Reading this passage, one gets an eerie sense that the quote describes the present. With the single exception of the Soviet-era Palace of Pioneers, the contemporary Russian Nazis have followed in the footsteps of the original German Nazis.

All these are horrendous, fully documented crimes that warrant prosecution under international criminal law:

  • Killing of tens of thousands of civilians, including children and volunteers who were bringing food and water to people in need;
  • Using chemical weapons;
  • Wantonly targeting for destruction Mariupol hospitals, homes, schools and kindergartens; and
  • Shelling of people moving through the so-called “green corridors” (for humanitarian evacuation to safety).

There is a critical issue to keep in mind with respect to bringing Russians to justice for their crimes –– the International Criminal Court (ICC) lacks status to prosecute Russia’s leaders and military personnel because Russia is no longer a signatory to the Rome Statute establishing it.

In theory, the UN Security Council (UNSC) could ask — and thus empower — the ICC to investigate these offenses. However, Russia is a UNSC Permanent Member and would most definitely veto any such motion.

A more viable option thus would be the establishment of a special tribunal to prosecute the crime of aggression in Ukraine — a Ukrainian “Nuremberg Tribunal”.

The Precedent of the Nuremberg Tribunal

On August 8, 1945, after the end of the World War II, the Allied powers — the United States, Great Britain, France, and the Soviet Union — established the International Military Tribunal (IMT) to consider cases of crimes against peace, war crimes, crimes against humanity, and conspiracy to commit any of those crimes.

The Allies chose Nuremberg, Germany, as the venue for the trial owing to its role as the epicenter of the Nazi propaganda rallies leading up to the war. Nuremberg was supposed to symbolize the death of Nazi Germany.

While more than three quarters of the city lay in rubble, there was one facility in Nuremberg — the Palace of Justice — that was sufficiently spacious and undamaged to accommodate the trial. Thus, in November 1945, the court convened in the Palace of Justice in Nuremberg.

When the trial began, there was no electricity, no water supply, and no sewage in Nuremberg. So the Allies assigned highest priority to early resolution of these critical issues for the resident Germans themselves. Democratization, denazification, and demilitarization followed the reconstruction works. Realizing that their well-being depended on the occupying authorities, the Germans were more accepting of the Tribunal.

The outcome of the Nuremberg Tribunal set an important precedent. New categories of crimes were defined: the crime of genocide, killing of groups, crimes against humanity, the killing of individuals. It established the concept that rule of law stands above any individual state and that criminals among a nation’s top officials can and would be prosecuted, tried, and convicted.

Why is Mariupol the right place for a tribunal

Mariupol holds profound symbolism within the chronicles of the Russo-Ukrainian war. It is a city that will forever preserve in history the horrific crimes of the Russian Federation against Ukrainians and Ukraine. Lives lost forever, young girls — some under the age of 10 — tortured and raped by the Russian army, destroyed hospitals, residential buildings, schools, and kindergartens.

This is not the first time that Mariupol has had to fight back Russian forces. In 2014, when Russia occupied Crimea and invaded eastern Ukraine, Mariupol was occupied for a month by Russia’s army and Russia-backed forces. However, the situation in the city back then cannot be compared to what hundreds of thousands of Mariupol residents are facing now.

“Before the barbarity of the killing of children, of innocents and unarmed civilians, there are no strategic reasons that hold up,” — Pope Francis said in his Sunday Angelus address regarding Russia’s army having besieged and attacked the city named in honor of Mary. The only thing to do is “to stop the unacceptable armed aggression before it reduces the cities to cemeteries”, — he added.

Once Russian military aggression has been defeated, an international coalition must be prepared to help Ukraine rebuild Mariupol.  Greece and Italy has already made such proposals.  And, as the rebuilding takes place, a war crimes tribunal must be held in the city.

Putin himself, those who issued criminal orders, and those who carried out such orders — those who personally used force, inflicted torture, or otherwise criminally abused civilians, as well as conducted other crimes in violation of international law, humanity, and common decency in Ukraine –– must bear full responsibility in accordance with international law.

The best way to hold those responsible is via a special war crimes tribunal, following the example of Nuremberg.

The best place to administer such justice is Mariupol.

Free Russia Foundation Condemns the Signing of the Treaty on the “Incorporation of New Territories into Russia,” De Facto the Annexation of the Occupied Territories of Ukraine

Sep 30 2022

On Friday, September 30, 2022, Russian President Vladimir Putin and the heads of the self-proclaimed “Luhansk People’s Republic” and “Donetsk People’s Republic,” as well as the occupation administrations of Zaporizhia and Kherson regions, signed treaties in the Kremlin on “joining Russia.”

Free Russia Foundation strongly condemns the decision of Vladimir Putin and his administration to continue the illegal annexation of the occupied territories in Ukraine. The forcible change of international borders at the expense of another sovereign state and the so-called “referenda” that preceded it are a serious violation of the foundations of international law and cannot be recognized under any circumstances.

Natalia Arno, president of Free Russia Foundation: “Today Vladimir Putin has de facto announced the illegal annexation of the occupied territory of a sovereign state. The signing of this treaty is a blatant violation of the fundamental norms of international law and the Charter of the United Nations, of which Russia is a member. Such actions by the Russian President, together with previously announced military mobilization and nuclear blackmail, only lead to an escalation of the conflict and new human sacrifices. In the modern world, borders cannot be redrawn at gunpoint. Russia’s actions are illegal and unacceptable to the civilized world.”

Free Russia Foundation, which provides support to Russian activists, journalists, and human rights defenders, calls on all countries and international organizations to join us in resolute and public condemnation of Russian military aggression and its illegal actions to tear away the territory of sovereign Ukraine. We urge you to call on the Kremlin to cease its hostilities and leave the territories it has seized.

Free Russia Foundation Condemns the Kremlin’s Decision to Annex the Occupied Territories of Ukraine and Preparations for Mobilization in Russia

Sep 20 2022

On September 20, 2022, the occupation authorities of the self-proclaimed republics “LNR” and “DNR” and other occupied territories of Ukraine, Zaporozhye and Kherson regions, hastily announced that they would hold “referendums on joining Russia” in the near future. The authorities of the “LNR” and “DNR” added that the vote will take place as early as this week, from September 23 to 27, 2022.

On the same day, the Russian State Duma introduced the concepts of “mobilization,” “martial law” and “wartime” into the Russian Criminal Code. The deputies voted for the law in the third reading unanimously — all 389 of them. Now voluntary surrender, looting and unauthorized abandonment of a unit during combat operations will result in imprisonment.

From the first day of the war unleashed by Putin’s regime and its allies against independent Ukraine, Free Russia Foundation, which supports Russian activists, journalists, and human rights activists forced to leave the country because of direct security threats, has condemned the crimes of Putin’s regime against independent Ukraine. We respect the territorial integrity and sovereignty of states and consider human life and freedom to be of the highest value.

The forthcoming “referendums”, mobilization, and martial law are a collapse of the whole system of “Putin’s stability,” the illusion of which the Kremlin has been trying to maintain since the beginning of the full-scale war with Ukraine. Vladimir Putin is preparing to blatantly violate international law once again and launch an attack on democracy and freedom in Ukraine and Europe. Any statements by the Kremlin that residents of the occupied territories of Ukraine want to become part of Russia are false.

Three decades ago, the Ukrainian people proclaimed the independence of their state. Since 2014, the world has seen that Vladimir Putin has undermined Ukraine’s sovereignty and any attempts at anti-war protest in Russia through military force, repressive legislation, false statements, and massive state propaganda. Despite all the suffering inflicted on Ukraine, Putin has failed to achieve this goal: Ukrainians continue to show fortitude and determination to defend their country at any cost, and Russian anti-war resistance continues despite repression.

We consider any attempts to tear away Ukrainian territory through so-called “referendums” categorically unacceptable and call on state institutions and international human rights organizations to join the demand for an immediate end to the war and the liberation of the occupied territories. Any war brings suffering to humanity and endangers peace. We will not allow a totalitarian dictatorship to prevail and we will continue to fight for Ukraine’s independence and Russia’s democratic future.

Free Russia Foundation announces the appointment of Vladimir Milov as Vice President for International Advocacy

Sep 01 2022

September 1, 2022. Washington, DC. Free Russia Foundation announces the appointment of Russian politician, publicist, economist, and energy expert Vladimir Milov as FRF Vice President for International Advocacy.

In her announcement of Vladimir’s new role, Natalia Arno, President of Free Russia Foundation, remarked: “I am delighted to welcome this distinguished Russian civil society leader to our team. I am certain that Vladimir will become our force multiplier and make a profound contribution to FRF’s mission, including strengthening civil society in Russia, standing up for democracy defenders who oppose war, both inside and outside the country, building coalitions and mobilizing supporters. Vladimir Milov’s professional skills and extensive experience in human rights advocacy will help us come up with effective and innovative approaches to combat the authoritarian regime and repression that the current Russian government has unleashed against citizens of Russia, Ukraine, and Belarus.”

Vladimir Milov was born on June 18, 1972. From 1997—2002 he worked in government agencies, more than 4 years of which were in senior positions, from assistant to the Chairman of the Federal Energy Commission to the Deputy Minister of Energy of Russia.

Vladimir Milov has bravely and publicly called out the authorities for monopolizing the economy, and encroaching into public and political life of Russian citizens. Milov’s profile as an opposition leader rose thanks to his joint project with Boris Nemtsov. The report titled “Putin. Results,” condemned the activities of the Russian government during Putin’s presidency. In 2010, Mr. Milov headed the Democratic Choice movement, which later served as the basis for the creation of a political party with the same name.

In 2016, Mr. Milov became an associate of the unregistered presidential candidate Alexei Navalny. On May 11, 2017, he began hosting a weekly segment on the economy, “Where’s the Money?” on the NavalnyLIVE broadcast on YouTube.

In April of 2021, he left Russia for Lithuania amidst persecution of Alexei Navalny’s organizations. In February of 2022, he categorically condemned Russia’s invasion of Ukraine. On May 6, 2022, the Russian Ministry of Justice added Vladimir Milov to the list of media outlets considered as “foreign agents.” Vladimir Milov is a regular guest expert for the world’s leading media outlets — CNN, CNBC, The New York Times, The Financial Times, The Washington Post, The Economist, The Wall Street Journal.

Kara-Murza faces a new charge as the Kremlin cracks down on its opponents

Aug 04 2022

Russian pro-democracy politician Vladimir Kara-Murza, who’s been in jail since April for allegedly spreading “disinformation” about the Russian military, now also stands accused of “carrying out the activities of an undesirable organization,” which names Free Russia Foundation in the newly filed charge.

Free Russia Foundation, unconstitutionally designated as an “undesirable” organization by the Russian government in June 2019, did not organize an event on political prisoners in Moscow in 2021. FRF does not have any presence or programs inside Russia. Additionally, FRF has never conducted any work in the State of Arizona.

FRF strongly condemns the new charges brought against Vladimir Kara-Murza by Russian authorities and demands the dropping of all charges against him and calls for his immediate release.

“All actions of the Kremlin directed against Russian opposition politicians and activists have nothing in common with establishing the truth. They are instead aimed solely at getting rid of opponents of Putin’s regime,” FRF President Arno stated.

Free Russian Foundation and Boris Nemtsov Foundation launch “Russians for Change” fundraising campaign

Jul 25 2022

Russia is not Putin. We are Russia.

We aim at sharing this message with our friends around the world — therefore, in cooperation with Boris Nemtsov Foundation we are launching “Russians for Change” fundraising campaign.

We are going to be telling the stories of active pro-democracy anti-war Russians who have not lost their hope. US nationals also participate in this campaign: Francis Fukuyama, investigative journalist Casey Michel, and alumni of Boris Nemtsov Foundation media school.

Thank you for your donation:

The Boris Nemtsov Foundation for Freedom honors the political legacy of Boris Nemtsov, a Russian liberal opposition politician assassinated in Moscow in 2015. It promotes freedom of speech and education along with the vision that Russia is a part of Europe.