Human rights as a weapon

An interview with Ivan Lishchyna, the Ukrainian deputy minister of justice, and government commissioner of the European Court of Human Rights. Interviewer: Tomasz Lachowski

TOMASZ LACHOWSKI: Since 2014 part of the Ukrainian territory has been constantly occupied by the Russian Federation and Kremlin-backed troops, widely referred to as pro-Russian separatists. Among the many different diplomatic, political and military instruments undertaken by the Ukrainian authorities, Kyiv also uses strict legal tools to succeed in its effort to dispose of the occupants on Ukrainian soil. How can human rights help in achieving this goal?

IVAN LISHCHYNA: First of all we need to come to some general terms with what we are discussing. We have to distinguish two territories that are currently occupied by the Russian Federation: Crimea and a part of the Donetsk and Luhansk oblasts (referred to as ORDLO in Ukrainian law). From the point of view of the European Convention on Human Rights (ECHR) and from the Ukrainian standpoint, there is no difference in the legal regimes between them: they are both occupied by Russian forces and unlawfully held by the Kremlin.