RUSSIA/UKRAINE: ILLEGITIMATE RESULTS OF SHAM ‘REFERENDA’ MUST NOT ENABLE ILLEGAL ANNEXATION OF OCCUPIED AREAS

The “referenda results” do not change the legal status under international law of the Ukrainian territories occupied by Russia

Responding to Russia’s announcement of the “results” of the so-called “referenda” in the Ukrainian territories it occupies in the Donetsk, Kherson, Luhansk and Zaporizhzhia regions, Denis Krivosheev, Amnesty International’s Deputy Director for Eastern Europe and Central Asia, said:

“There is no legitimacy whatsoever in the results of these sham “referenda” announced by the Russian authorities. It is absurd that the Russian authorities would think these so-called votes, which took place at gunpoint in the presence of Russian soldiers and their proxies, are in any way credible. The whole exercise, which is illegal under international law, is nothing more than another deplorable act in Russia’s strategy of aggression against Ukraine.”  

“The “referenda results” do not change the legal status under international law of the Ukrainian territories occupied by Russia, no matter what Russia chooses to declare next. As with Crimea, any moves towards annexation will be illegal, and constitute yet another flagrant violation of international law by Russia.

The “referenda results” do not change the legal status under international law of the Ukrainian territories occupied by Russia

Denis Krivosheev, Amnesty International’s Deputy Director for Eastern Europe and Central Asia

“Amnesty International reiterates its call on Russia to respect its obligations as the occupying power under international humanitarian law. We also call for the immediate cessation of all unlawful actions by Russia, including its war of aggression against Ukraine and accompanying human rights violations. All those responsible for crimes under international law, including war crimes, must face justice.”

Background

On Tuesday, the Russia-backed “administrations” of occupied Kherson and Zaporizhzhia regions of Ukraine and the de facto authorities of the so-called Donetsk and Luhansk “People’s Republics” announced the results of the unlawful “referenda” on joining Russia. The organizers claimed very high turnout and majorities of between 87% to 99.2% in favour of joining Russia. This “voting” and any other measures by Russia or its proxies to change the status of occupied territory is a flagrant violation of the Fourth Geneva Convention.

The head of the Council of Federation (the Russian Parliament’s upper house), Valentina Matvienko, said the chamber – which is required to approve annexation under Russian law – may consider the formal incorporation of territories on 4 October.

The “referenda” were hastily arranged, taking place over five days with voting organized at so-called polling stations only on the last day, 27 September. Apart from the last day, “ballots” were collected from residents at their home by organizers who went door to door. According to reports in the media and on social media, “voting” at home and at polling stations was often carried out in the presence of heavily armed uniformed men.

Amnesty International has received reports of brutal reprisals by the occupying authorities against local people who displayed or were suspected of disloyalty to Russia and its occupying forces. These reprisals include abductions, unlawful deprivation of liberty and torture as well as unlawful killings. The organization has documented such cases in territories liberated by Ukrainian forces.