Highly Suspect

How Ukraine deals with those accused of collaboration with Russia

Introduction

As Ukraine faces multiple threats from Russian forces including long-range bombing of its cities and towns, attacks along a front line hundreds of miles long, plus energy shortages and many other challenges, it is also confronting difficult decisions about what to do with suspected collaborators.

Human rights activists in Ukraine say the current system is unfair and vague and are advocating for changes in the laws covering collaboration. They propose significant changes to current legislation as well as a better understanding from state bodies and the public of what constitutes collaboration, and how to address it.

Many Ukrainian communities have been under occupation since the invasion of 2014, and many more since the invasion of 2022. Despite some pushback by the Ukrainian military in late 2022 to retake towns occupied by Russian forces earlier that year, a new offensive in May 2024 has meant Russian reoccupation for some villages and towns in the Kharkiv region.

Both Russian invasions of 2014 and 2022 were helped by locals in Ukraine providing Kremlin forces with intelligence on military movements and locations of sensitive infrastructure. During the occupation of Ukrainian territories, some locals also collaborated with Russian troops.

Since the 2022 invasion, there are numerous examples of collaboration by civilians in Ukraine with Russian forces. In the city of Bucha, where Russia committed one of its worst massacres, mayor Anatoly Fedoruk said that at least some of the killings of civilians were the result of civilian cooperation with Russian troops. He reported that some Ukrainian civilians passed on “the names and addresses of pro-Ukrainian activists and officials in the city” to Russian troops.

Stories like these are not uncommon. In Kharkiv, government authorities reported instances of similar collaboration where individuals gave Russian troops specific names of residents who posed a threat or had access to wealth. In places occupied by Russian forces, reports of collaboration are common.

In Kupiansk, Mayor Gennady Matsegora surrendered the city without a fight and agreed to work with Russian occupiers. Prosecutors have opened and closed cases against policemen, mayors, judges, and other officials for collaboration with Russian forces during occupation.

Truth Hounds is a Ukrainian NGO known internationally for its work investigating war crimes since 2014. Research on how journalists have been targeted in the occupied territories of Ukraine noted that “According to several media professionals who have been captured by the Russians, they were either personally known by collaborators from the local authorities or their work was monitored during the occupation.”

But local Human Rights Defenders (HRDs) say the Ukrainian authorities’ response to those accused of collaborating often falls short of international law standards, and the legislation dealing with the issue is vague, inconsistently applied, and permits the prosecution of those providing vital services under occupation, including shelter and medical support work.

For countries resisting occupation, it’s a perennial challenge: how to deal with collaborators and what should count as collaboration.  While some locals under occupation enthusiastically act as informers for Russian forces, others act as online propagandists, posting on social media, encouraging the invasion. Some openly welcome Russian soldiers into their village or city.

However, there is no clear definition of what constitutes collaboration, and local activists say the laws are being applied with worrying double standards. Similar behaviors are sometimes identified as collaboration and sometimes not.

A series of draft laws under consideration to address the issue are generally designed to make the punishments more severe, rather than to address the realities of living under occupation.

Activists warn that the current application of the law risks estranging those living under long-term occupation from the Ukrainian state, as they will feel alienated if the Ukrainian authorities condemn them as collaborators.

Read the full report below.

Reports

Authors:

  • Brian Dooley
  • Maya Fernandez-Powell

Published on August 22, 2024

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