"Urjadovoy Courier", No 176, Kiev, December 9, 1993

Sergej Tenkov, juridical observer

International Tribunal for the war crimes committed in former Yugoslavia started its work in Hague on November, 17th. Unfortunately, this event wasn't lighted up appropriately though Ukraine expands its participation in UN peace mission on the territory of this state. At one time the idea of such tribunal as a first step towards the permanent international trial body for the investigation of human rights violation was supported by well-known Ukrainian officials and scientists. The appeal on this matter was signed by Vasil Durdinets, Sergej Golovatij, Dmitro Pavlychko and many other deputies of the Supreme Rada that adhere to various political views.

Thus the deliberation of the fact that the national security of Ukraine is an integral part of the collective international security on the whole is permanently being formed. That is especially important in the situation when the number of the regional conflicts and local wars in the area of the former USSR and the socialist camp on the whole has an alarming tendency to increase. Some of them are taking place already at our boarders... If the moral standards, international law, priority of human values are only codified prejudices for some persons than the self-existance of definite peoples, ethnical groups is possible only in terms of the practical realization of the above principles in life.

Main international conventions, pacts, protocols on the human rights ratified by Ukraine now constitute an integral part of our national legislation in accordance with the law "On the implementation of the international treaties in Ukraine territory". All-humane values become more and more significant and are reflected both in separate Ukrainian laws and in the draft of the Constitution.

But, as it turns out, the definition itself is not quite exact. Although because some countries don't accept such a universal approach. Thus, a conference on human rights in the Afro-Asian states took place in Bangkok. It was noted that in 1948 when the Declaration on human rights had being elaborated and adopted most of these states still were the colonies and didn't take part in this process. Representatives of the definite Islamic circles declared that the Koran and the moral-ethical postulates fixed in it are higher than any Western declarations and pacts. The approach to this problem also differs in some African states where the leaders are confident that in the situation of permanent struggle for survival, in circumstances of starvation, epidemics, inter-ethnical fights the conversation about provision of such rights as the right for freedom of speech or freedom of assembly are just irrelevant.

It's necessary to confess that some of the states that accept and even ratify the main international documents on human rights in practice use only those that suit their internal and international policy, interests of the ruling party and definite leaders. The principle of harmonic correlation between the rights of a nation and the rights of an individual demand further elaboration and adjustment to the concrete social and economical terms, including Ukraine.

Democracy, rights of a nation, rights of a person... Goal or only means to achieve it? If it's a goal - to what extent does it define the means? If still it's only means to achieve something - then what is that something? Speaking about Ukraine these questions demand the immediate solving at the highest level, and the answers must become the basis of our state ideology.

Back to the all-world experience, it's needed to notify that the criteria of a civilized policy of a separate state is not a confessed ideology but first of all the means by which this policy or ideology is being implemented into real life. Unfortunately, terror, genocide and "ethnical cleaning" can mask by any slogans, approve by any references to the higher ideals. Enough to recall that nearly two thirds of all the nowadays military conflicts were initiated on the religious ground.

While the blood is shedding the main right of an individual - the right to live - demands the immediate protection. That's why the activity of the international tribunal for the investigation of the human right violation will be of great significance. Among its main tasks - to institute criminal proceedings against persons guilty for the crimes committed against humanity, genocide, war crimes and conformably their punishment. Tribunal refused to use death penalty. What is interesting that it's statute excludes the judgements by default when a defendant is absent. Today the international tribunal is a special judicial UN body for war crimes committed in former Yugoslavia. The collection of signatures for its establishment was organized in Ukraine by the activists of the Transnational Radical Party.

Ancient philosophers defined three conditions of security for any state: to predict the danger; to escape it if possible; to resist if the necessity arises. That's why the active role of Ukraine and her support of international initiatives on humanitarian law becomes an urgent necessity.