One of the first decisions of the European Union in response to Russia's full-scale aggression against Ukraine was to ban the broadcasting of Russian propaganda media Sputnik and RT/Russia Today (RT English, RT UK, RT Germany, RT France and RT Spanish) in the EU. In a statement at the time, EU High Representative for Foreign Affairs and Security Policy Josep Borrell said that the Kremlin's systematic manipulation of information and disinformation "is being used as an operational tool in its offensive against Ukraine" and poses a "significant and direct threat to European public order and security".
The line between freedom of speech and calls for genocide
The topic of one of the panel discussions at this year's Lviv BookForum was propaganda and the fine line between freedom of speech and genocidal rhetoric that prompted Russian soldiers to commit massacres of Ukrainians in Bucha, Irpin, Izium - everywhere in Ukraine where they set foot.
The discussion was moderated by British journalist and writer Peter Pomerantsev. He recalled how in 2014 he had dealings with investigative journalists in Washington, DC:
"They went to various high institutions and said: 'Impose sanctions against those who spit propaganda. Impose sanctions against Prigozhin" (Russian businessman Yevgeny Prigozhin is the owner of the private military company Wagner PMC and the founder of the Internet Research Agency, an army of information bots - Ed.) And the officials answered them: "Do not touch freedom of speech".
The hour-long discussion of opinion leaders in the field of law, journalism, and countering disinformation failed to provide a clear answer to the stated topic. However, the speakers agreed with the thesis voiced by Lyuba Tsybulska, an advisor to the Centre for Strategic Communications and Information Security: "If we do not punish those who made war crimes in Ukraine possible with their words, we are in danger. Democracies around the world are in great danger.
The speakers also agreed with her assertion that the dehumanisation of Ukrainians in the Russian Federation had been systemic for years; after the Revolution of Dignity, with the annexation of Crimea and the temporary occupation of certain areas of Donetsk and Luhansk regions, it intensified, and on 24 February 2022, the festering pustule of Russian anti-Ukrainian propaganda burst.
Observing the work of international tribunals, we see that the system of real defence is working. Defence counsels are proactive, effectively rebutting inadequate evidence or a weak prosecution case. Especially in cases that are difficult to prove, such as genocide in the actions of propagandists," Maksym Yelena, an expert at the Institute for Peace and Understanding and the Ukraine. Five in the Morning" coalition, Maxim Eligulashvili.
"I think we need to effectively use all possible judicial mechanisms. Otherwise, the conviction of Russian war-mongers exclusively by Ukrainian national courts at the current stage of investigation and submission by the prosecutor's office may look like a politically motivated prosecution.
Given the importance of specific figures, such cases also highlight the guilt of the entire Russian industry and the large number of people who work in it. In fact, we are talking about the guilt of a huge propaganda machine in Russia. The Russian state built it. Russians, as consumers and popularisers of media content, supported it.
It is not enough to pick up a certain number of even the most demonstrative quotes to prove the guilt of genocide. Using the example of the Rwandan tribunal, it is necessary to build a logic of proof that will confirm the reality of the propagandists' calls and war crimes committed on the territory of Ukraine during these 8 years of war.
What arguments can be used to prove that the Russian Federation has been inciting hatred towards Ukraine from every iron? This is an urgent question for those who will defend our national interests in courts of various levels.
That is why, at the level of the "Ukraine. Five in the Morning" coalition, we are currently working with our partners on a comprehensive architecture for proving this crime, adapting various strategies and mechanisms."
04.11.2022
