On the way to settlement
We went to our goal for a long time and hard, and in one day we "took away the whole country at once"! Yes, the main goal is still ahead, but in one moment there were hundreds of urgent cases, each of which should be done immediately. Such an urgent matter is, in particular, post-conflict resolution.
Reconciliation or reconciling a way out of a violent conflict is a comprehensive process that involves seeking justice, forgiveness, healing, and so on. It is long-term and consists of legal, educational, social and other mechanisms. Reconciliation is not just "hug, my brothers", but it is too. Violent conflicts produce a wide range of violators and criminals - state and non-state, generals and soldiers, both in the military and in the civilian sense of the word. We must record, describe and systematize all crimes, at least strive for it.
For what? For the administration of justice. Justice in the process of negotiating a way out of a violent conflict has different dimensions:
• Punishment
• Restorative
• Establishing truth and historical justice
• Compensatory justice through reparations policy
But it must be justice itself - not revenge, not settling accounts, not self-judgment. In order to deal with such an array of violations, it is necessary to carry out a huge amount of painstaking work on their recording, systematization, legal evaluation. The Public Commission for the Investigation and Prevention of Human Rights Violations in Ukraine has been doing this for almost a month, and the front of the work is only growing.
In addition to the purely criminal liability of individuals, the list of which is also constantly updated and growing, there are others. In the course of conciliation, administrative liability may also apply:
· Disciplinary measures outside the criminal court system
· Disqualification (or "lustration") of servicemen, judges and other officials
But in seeking justice, we must keep in mind that the range of offenses is very wide. The range of offenders is just as wide. Offenders and criminals usually differ according to the nature of their guilt - criminal, political, moral, which accordingly defines them as direct and indirect, individual and collective.
Criminal guilt is an essential factor in determining the direct perpetrators, which are determined in accordance with national law or international law. They are personally liable in the criminal court.
Indirect criminals are politically and morally responsible. Their violations are determined by:
· Receiving direct or indirect benefits from the results of the crimes of others;
· Inaction when they have witnessed human rights violations;
· Unintentional damage.
Obtaining indirect benefits, in particular, can be considered the possibility of manipulation by the government of the country under the conditions of providing it with the so-called "unconditional" loan. A direct advantage may be the consent of the security forces to receive higher rates and the coefficient for years of service, even if they did not directly shoot at peaceful protesters. Although in this case it may be a question of delimitation of responsibilities of ordinary law enforcement officers and their commanders.
There are many examples of inaction in our case. This is the inaction of the prosecutor's office, the Security Service of Ukraine, etc. to initiate proceedings against those who were involved in violence during the protests. This is the inaction of local and national authorities in numerous cases of illegal decisions and actions when it came to their jurisdiction.
They did not kill, torture, or physically insult, but they are involved in one way or another in what happened. Therefore, their accountability and responsibility are an essential part of the post-conflict resolution process.
Witnesses and observers are also indirect offenders. They know what is happening, but are silent.
It is also important to pay attention to collective responsibility. It can apply to various professional or political groups - doctors, business, media. The line between silence and active support for human rights violations is very thin.
The media, which carried distorted false information, increased panic, fueled hysteria, and so on. Freedom of the press does not mean freedom of manipulation, but given the very sensitive issue, the evidence must be devoid of emotional color and qualified in accordance with the norms of both Ukrainian and international law and similar practices.
The issue of business responsibility has been raised many times, and people have made their choice by launching a broad campaign to boycott goods and services, but this issue also needs to be researched, analyzed, systematized, and proven cases must be brought to a logical conclusion. This will help create a more effective anti-corruption system in general in the future.
Comprehensive measures must be taken to avoid impunity, as impunity produces new forms of violence. Justification - "such were the times" - cannot be accepted
to attention. Because political motives can sometimes only cover up criminal purposes - control over money laundering, corruption, and other illegal actions.
The above is only about measures of a political and legal nature, but that's not all. It is important to take a comprehensive approach that covers education, culture, archiving, and so on. Only in this case can we hope that together we will be able to build a new country, close to the ideals of our aspirations and responsible to the Heavenly Hundred.