Ukraine Passes Law to Shoot Deserters

The Ukrainian parliament has approved a motion to allow commanders in the armed forces to fire at army deserters and use force against servicemen for “negligence” or “drinking alcohol” while on duty.

The motion was discussed in a session yesterday afternoon, with 260 MPs passing it out of a total 320, according to Ukrainian news agency Unian - surpassing the necessary 226 votes needed to pass the bill. It will now be added as an amendment to the current Ukrainian legislation on the regulations imposed on commanders' actions toward their charges.

The act will allow commanders to “utilise drastic measures” - defined by the UN as the use of force and firearms - towards officers caught acting “negligently” or in violation to the code of conduct during combat duty or while they are on border patrol. The new act adds “drinking alcoholic or low-alcoholic beverages” while on duty as an offence punishable by force.

Human Rights Watch (HRW), an international watchdog documenting violations of human rights, has spoken out against the move. “Using force to harm or kill when someone is ‘negligent, deserts or drinks alcohol while on duty’ is unlawful under international law,” Yulia Gorbunova, a HRW researcher in Ukraine says.

“It is a disproportionate response which could constitute punishment in violation of international standards,” she adds. “Force in the army can only be used in self defense or where the person is posing an imminent threat to others. Shoot to kill would be an extrajudicial execution and is unlawful,” Gorbunova concludes.

When asked if there was a serious problem with discipline and desertion within the Ukrainian army, the Ukrainian armed forces did not comment.

Balázs Jarábik, a researcher for the Carnegie Endowment for Peace, specialising in central and eastern Europe, believes the new law is not as surprising as it seems, but rather “an old Soviet practice.” Asked if the new law indicates a lack of commitment in Ukrainian troops he replied “Not at all.”

“The armed forces are very committed - look at the battle for Donetsk airport or the fierce fight for Debaltsevo. Kiev could not even order those folks to withdraw,” he said referring to the fierce  battle for Donetsk’s airport which has been ongoing since September, and the Ukrainian forces defence of the small town of Debaltsevo in the face of advancing rebel militants.

According to Jarábik, Kiev’s major military challenges are to do with its administration, and issues regarding recruitment and allegations of corrupt leadership are particularly problematic.

“Crucially, Ukraine failed to ensure the necessary quantity of soldiers altogether in the standard four mobilization rounds during the last annual cycle,” Jarábik adds. According to a statement made by the deputy commander of Ukraine’s armed forces Vladimir Talaylay, 78,000 people had been called up for duty by last month, but only 46,000 new recruits were enlisted into the military as a result.

The Ukrainian armed forces announced earlier this week they may resort to call up women aged over 20 in the next recruitment cycle to make up the numbers.

Along with Ukraine’s troops a series of volunteer battalions have formed with the backing of wealthy businessmen, the most famous of whom is Igor Kolomoyski, who reportedly funds the volunteer Aidar, Azov, Dnepr-1, Dnepr-2 and Donbas battalions.

The existence of such units has remained a controversial topic as there are no universal rules about who regulates their practices.  

“Many of the volunteer battalions partially assimilated in the army are paid for by oligarchs,” Jarabik says. “Ukrainians increased their military spending this year but indeed corruption remains a big issue,” Jarábik adds. 

“The Ukrainian population is increasingly tired under economic duress as well, as what they perceive as Russian aggression. They don’t think their post-Maidan leadership treat them with the necessary honesty and dignity.”

According to UN figures the conflict in eastern Ukraine has already killed over 5,000 people and displaced close to a million both internally and externally.