by Karl Pomeroy
March 21, 2015
The 2014 American-led coup shattered Ukraine’s administrative integrity. President Viktor Yanukovich’s violent overthrow broke constitutional law, and his pseudo-impeachment in absentia did not restore due process. The voiding of Ukraine’s constitution nullified the criteria for rulership, leaving them open to anyone’s guess.
Out of this legal vacuum, four governments emerged, one just as valid as another. Russia took Crimea, the Donetsk People’s Republic took the southeast Donetsk Oblast, the Lugansk People’s Republic took the eastern Lugansk Oblast, and the Turchinov-Yatsenyuk-Poroshenko regime took the rest of former Ukraine.
By legal logic, the only legitimate leader of Ukraine is Yanukovich, who is alive, did not resign, and was not lawfully impeached, these being the only constitutional provisions for termination of office. With the legal President’s exile, all laws are out. Delineation of territory falls to military conquest. Foreign leaders often claim there is no military solution. The real problem is, there is no legal solution — other than the return of Yanukovich.
The Kiev regime pretends to the world it rightfully rules Ukraine, including all of its former territory. This pretense is for public relations purposes. The claim has no validity. But if all laws are out, to what criteria shall the world turn?
Technical law? That would bring Yanukovich back. The will of the people? That would render all of the Donetsk, Lugansk and Kharkov Oblasts, and possibly others, under self-rule. Humaneness and civility? That would remove from the Kiev government all Nazi sympathizers. Nonintervention? That would unleash the war, and possibly bring victory for Novorossiya. Maximum profits for financial interests heavily invested in Urkraine?
Alas, the latter criterion was the one applied in Minsk. I challenge the Normandy Four to be explicit about their criteria. They fear the will of the people, disdain humaneness and civility, show contempt for constitutional law, and feign virtue by rejecting a military solution. All they respect is corporate financial power.
The sadness of all this is that Donbass fights alone. The people are fighting for their right to live, and seemingly fighting the whole world. This is not a football game, where the world picks sides for fun. This is a nightmare and a tragedy. The world needs to take into account the real experience of the people, and place that first and foremost as the true criterion for rulership.
Below is a report revealing the horrendously arrogant policies of Kiev, the article that inspired the preceding commentary:
Poroshenko: Peacekeeping in Donbas is Ukraine’s prerogative,
needs Minsk format discussion
March 20, 2015
The deployment of an EU police mission or a UN peacekeeping force to Ukraine is the exclusive prerogative of the Ukrainian state, Ukrainian President Petro Poroshenko stated. “This is the territory of Ukraine. And we hate the idea that any other state will decide if the United Nations’ peacekeepers should be there or not. And we are very much interested, that it should be also a possibility for the European Union police mission – or in the United Nations Security Council, peacekeeping mission would be mostly represented by the European Union. We trust them, these are our partners. And we think this is a very effective way to solve the question,” Poroshenko told Euronews in an interview published on the channel website.
He was responding to the Euronews opinion: “The problem is that it is very difficult to bring peacekeepers in the field without the consensus of the other side.”
“No, we don’t have any other side, this is the territory of Ukraine,” the president underlined. As the peacekeeping mission decision may be vetoed at the UN Security Council, Poroshenko suggested: “And that’s why we would need to have that discussion the same way that we have in Minsk, that would be a unanimous decision, to have peacekeepers.”
“And there is no argument for anybody to be against that,” he remarked. “Yes we have support, we have a confirmation” from the European Union and NATO, Poroshenko continued. “Look, what is the problem? After the Crimea’s annexation and after the occupation of Donbas, the post-war security system in the world, the global security system, are not working, why is it happening? Because unfortunately one of the permanent members of the Security Council of the United Nations became an aggressor,” he said.
Ukraine has made “a peacekeeping request: a statement to the United Nations Security Council and to the United Nations Secretary General, Ban Ki-moon, for opening the discussion for inviting peacekeepers in Ukraine,” Poroshenko said. “Where do we need these peacekeepers? First, on our border, because the border is a key element of the sovereignty and we need peacekeepers to close these borders to stop supplying troops, ammunition and weapons to Ukrainian territory, very simple. And second, the peacekeepers alongside the buffer zone, with the touch line which was set here just to guarantee peace and stability,” he said in conclusion.
A brief article that responds well to these circumstances:
Criminal cases initiated against Poroshenko,
Yatseniuk and Turchynov
February 18, 2015
The Chief Prosecutor’s office of the Donetsk People’s Republic has initiated criminal proceedings under the criminal code against President of Ukraine Petro Poroshenko, Prime Minister Arseniy Yatsenyuk and Secretary of the RNBO Oleksandr Turchynov. They are suspected of starting the war in the Donbass. “To initiate proceedings under the criminal code on the planning, preparation, launching and waging of an aggressive war by government officials of Ukraine, on the basis of the composition of lawlessness under Art. 423 Including 2 of the criminal code of the DPR,” RIA Novosti cited the Prosecutor’s office of the DPR.
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