Kremlin says death penalty possible for US fighters said held by pro-Russia separatists | International

DNIPRO, Ukraine — Fears mounted Tuesday over the fate of two Americans reportedly taken captive while fighting for Ukraine, as Russia declared that international protections for prisoners of war did not apply to foreign “mercenaries” and that capital punishment could not be ruled out if they were put on trial in separatist territory.

Those comments out of Moscow came as U.S. Attorney General Merrick Garland visited Ukraine to meet with the country’s top prosecutor and offer U.S. assistance in investigating and prosecuting alleged war crimes committed by Russian troops during the nearly 4-month-old war.

The trip came against a backdrop of intense fighting for a pair of strategically important cities in eastern Ukraine, a bloody war of attrition in which Russian forces are trying to wear down outgunned Ukrainian troops with unrelenting artillery barrages.

Western countries including the United States are sending Ukraine more heavy weaponry to try to counter Moscow’s military superiority in the battle for the country’s industrial heartland, but Ukraine has repeatedly appealed for additional armaments.

In his latest overnight address to compatriots, Ukrainian President Volodymyr Zelenskyy denounced Russia’s “brutal offensive” in the region, known as the Donbas. He acknowledged difficult fighting as Moscow presses its advance on the twin cities of Severodonetsk and Lysychansk, which are separated by a river.

Ukrainian defenders of Severodonetsk are concentrated in a besieged industrial complex, where civilians are sheltering as well under sustained Russian shellfire.

In the environs of both cities, there were signs that the Ukrainian defenses were crumbling.

A Ukrainian commander, who asked his name not be used so he could speak freely, described a Russian advance in the front-line village of Toshkivka, saying his battalion was forced to withdraw after losing too many fighters.

“There aren’t enough forces or weapons,” he said. “For every shot of ours, the Russians respond with 20.”

Later, the head of the district military administration, Roman Vlasenko, told Ukrainian television that the village was “controlled entirely by the Russians.”

Moscow’s threat against captives purportedly held by pro-Russian separatists was delivered by Kremlin spokesman Dmitry Peskov in a call with reporters Tuesday. He said foreign fighters who have taken up arms for Ukraine are mercenaries, not prisoners of war, and thus are not entitled to protections under the Geneva Convention, which forbid prosecution of captured fighters for lawful participation in combat.

Two captured Britons and a Moroccan were sentenced to death earlier this month in what British authorities described as a show trial held in Russian-controlled separatist territory. The episode prompted speculation the captives would be used to try to extract concessions such as a prisoner swap.

The two Americans — Alexander Drueke, 39, and Andy Tai Ngoc Huynh, 27 — went missing this month while fighting near Ukraine’s second-largest city, Kharkiv, 25 miles from the Russian border. Both are military veterans from Alabama.

Russia’s state-controlled RT network last week showed interviews with the pair at what it said was a detention center in the self-declared Donetsk People’s Republic, or DPR, a separatist statelet recognized only by Russia. Russia has a moratorium on the death penalty, but the DPR does not.

The U.S. State Department says it still cannot confirm that two and possibly three U.S. citizens have been captured, as their families assert, nor the whereabouts of the men.

A senior State Department official, briefing reporters in Washington on the condition of anonymity, said Moscow had responded to official U.S. and British queries by saying it was not a Russian matter, because any such captives would have been in the hands of separatists.

U.S. officials said Tuesday the government has “vigorously” protested the Kremlin’s assertion that foreigners captured fighting in Ukraine, including Americans, would not be covered by the Geneva conventions.

State Department spokesman Ned Price said U.S. diplomats have made repeated inquiries to the Russian government, as well as to the International Committee of the Red Cross, Ukrainian officials and others, to get information on the missing men.

From the Russian government, Price said, “We have not received any formal or official response.”

U.S. officials said the Russian evasiveness is typical of how Moscow responds to all cases of captured, arrested or otherwise detained American citizens, including that of U.S. basketball star Brittney Griner. A planned telephone call from Griner to her wife in the United States failed to take place despite numerous attempts. The couple blamed the U.S. Embassy. The White House said Tuesday the call would be rescheduled.

Russian authorities have set up numerous obstacles for U.S. consular officers to meet with Griner, much as they have done for other detainees, the anonymous senior State Department official said. Arrested at the Moscow airport in February on drug charges, Griner has regular phone contact with her Russian lawyers, the official said, but U.S. consular personnel have not seen her since May 19.

Garland’s unannounced trip to Ukraine to meet with the country’s prosecutor general, Iryna Venediktova, came as Ukrainian authorities are attempting to deal with more than 15,000 war crimes complaints. Other countries, including France and Britain, have also stepped in to offer technical, forensic and legal assistance to Ukraine in investigating and prosecuting alleged atrocities.

After his visit, Garland vowed that “there is no place to hide” from accountability for war crimes.

Moscow says evidence of grisly crimes against civilians in previously occupied areas of Ukraine, including a string of towns and suburbs outside the capital Kyiv, is fabricated.

Reverberations from Russia’s Feb. 24 invasion of Ukraine, meanwhile, continued to be felt worldwide, including looming food shortages caused by Ukraine’s inability to ship grain from Black Sea ports blockaded by Russia, and a fuel crunch in Europe triggered by Moscow’s reduction of natural gas supplies. The Kremlin blames both crises on the West.

Although Russian warships make it impossible for commercial shipping traffic to reach Ukrainian ports, Ukraine has staged attacks challenging Moscow’s maritime superiority in the Black Sea. British military intelligence said Tuesday that Ukraine’s claim last week to have successfully attacked a Russian naval tug with Harpoon anti-ship missiles was “almost certainly” accurate.

NATO has refrained from direct confrontation with Russia while supporting Ukraine. But a potential flashpoint has emerged in the Russian enclave of Kaliningrad, which borders alliance member Lithuania, a Baltic state that is accustomed to threats from Moscow.

Russia’s security chief on Tuesday threatened “significant negative consequences” over Lithuania’s refusal to allow land transit of some goods to the tiny patch of Russian territory. The remarks by Nikolai Patrushev, the secretary of Russia’s security council, came on a visit to Kaliningrad and were reported by the RIA-Novosti news agency.

Also Tuesday, the Russian Foreign Ministry summoned the European Union’s envoy to Russia to press the issue, according to news reports. The ministry had already summoned Lithuania’s top diplomat to demand the reversal of what it called the “openly hostile” moves.

The government in Vilnius says the partial blockages are in line with European Union sanctions. Kaliningrad remains accessible by sea.

This is not the first time in the course of the war that Moscow has menaced NATO members on the alliance’s eastern flank, raising fears of a wider confrontation. It has previously aimed harsh rhetoric at Poland, which has been instrumental in shipping weaponry to Ukraine, and has taken in the largest number of Ukrainian refugees.

As fighting in the east grows fiercer, Zelenskyy said Russia’s offensive against Severodonetsk and other eastern areas was intensifying in part because of Moscow’s fears that Ukraine is advancing in its aspirations to join the EU. Although the process will likely take years, EU meetings later this week are expected to yield formal support for creating a path for Ukrainian membership in the bloc.

“Russia is very nervous about our activity,” Zelenskyy said.

In his overnight address to the nation, the president also extended thanks to Hollywood actor-director Ben Stiller, with whom he met on Monday.

Stiller, who has most recently garnered critical acclaim for the streaming TV series “Severance,” is a goodwill ambassador for the U.N. refugee agency. As part of a visit to the region, he met with refugees and officials, including U.S. Ambassador Bridget Brink, and visited a Kyiv suburb devastated during a Russian occupation early in the war.

“I am grateful to Ben for his constant attention to the needs of Ukrainians,” said Zelensky, who shares with Stiller a background as a comic actor. Stiller in turn described the Ukrainian leader as his “hero.”

(Bulos reported from Dnipro and King and Wilkinson from Washington.)

©2022 Los Angeles Times. Visit at latimes.com. Distributed by Tribune Content Agency, LLC.


Israeli settlers at risk of losing special West Bank status | Politics

JERUSALEM (AP) — Israeli settlers in the occupied West Bank may soon get a taste of the military rule that Palestinians have been living under for 55 years.

If Israel’s parliament does not act, a special legal status accorded to the settlers will expire at the end of the month, with wide-ranging consequences. Lawyers who live in the settlements, including two members of Israel’s Supreme Court, will no longer be allowed to practice law. Settlers would be subject to military courts usually reserved for Palestinians and would lose access to some public services.

While few expect things to reach that point, the looming deadline has put Israel’s government on the brink of collapse and drawn dire warnings.

“Without this law, it would be a disaster,” said Israel Ganz, governor of the Benyamin Regional Council, a cluster of settlements just outside Jerusalem. “The Israeli government will lose any control here. No police, no taxes.”

For over half a century, Israel has repeatedly renewed regulations that today extend a legal umbrella to nearly 500,000 settlers — but not to the more than 2.5 million Palestinians in the West Bank. After failing to pass on Monday, the bill will be brought for another vote in the Knesset next week in a last-ditch effort to save the governing coalition — and the legal arrangement.

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The law underpins separate legal systems for Jews and Palestinians in the West Bank, a situation that three major human rights groups say amounts to apartheid. Israel rejects that allegation as an attack on its legitimacy.

“This is the piece of legislation that enables apartheid,” said Jessica Montell, director of the Israeli human rights group HaMoked, which provides legal aid to Palestinians.

“The whole settlement enterprise depends on them enjoying all the rights and benefits of being Israelis even though they are in occupied territory.”

An overwhelming majority in the Knesset support maintaining the separate systems. The main reason the bill didn’t pass was that the nationalist opposition — which strongly supports it — paradoxically refused to vote in favor in an attempt to bring down Israel’s broad-based but fragile coalition government. In a similar vein, anti-settlement lawmakers voted in favor of the legislation to keep the coalition afloat.

Israel captured the West Bank in the 1967 Mideast war and has built more than 130 settlements there, many of which resemble small towns, with apartment blocks, shopping malls and industrial zones. The Palestinians want the West Bank to form the main part of their future state. Most countries view the settlements as a violation of international law.

Israel refers to the West Bank by its biblical name, Judea and Samaria, and considers it the heartland of the Jewish people. Prime Minister Naftali Bennett supports settlement expansion and is opposed to Palestinian statehood. Israel officially views the West Bank as disputed territory whose fate is subject to negotiations, which collapsed more than a decade ago.

The emergency regulations, first enacted in 1967 and regularly renewed, extend much of Israeli law to West Bank settlers — but not to the territory itself.

“Applying the law to the territory could be considered as annexing the territory, with all the political consequences that Israel did not want to have,” said Liron Libman, a research fellow at the Israel Democracy Institute and a former top Israeli military prosecutor.

Failure to renew the bill by the end of this month would have far-reaching consequences.

The Israel Bar Association requires lawyers and judges to reside in the country. Without the law’s carve-out, settlers would not be able to practice law in Israeli courts. That would include two Supreme Court justices, one of whom recently upheld an order to forcibly relocate hundreds of Palestinians.

The bill’s lapse could also result in more settlers who run afoul of the law being tried in military courts — something Israel authorities have long tried to reserve for Palestinian suspects.

The settlers could lose their ability to use national health insurance for treatment inside the West Bank, and the ability to update their status in the population registry and get national ID cards — something routinely denied to Palestinians.

The law also provides a legal basis for Israel to jail thousands of Palestinians who have been convicted by military courts in prisons inside Israel, despite international law prohibiting the transfer of prisoners out of occupied territory. The law’s lapse could force Israel to move those prisoners back to the West Bank, where there is currently only one Israeli prison.

The various consequences are seen as so catastrophic that many Israelis expect the bill to pass or the government to be replaced. It’s also possible that Israeli authorities, who often bend to the settlers’ demands, will find workarounds to blunt the worst effects.

“I’m not worried,” said Ganz, the settler leader. “It’s like when you owe the bank 1 million dollars, you are worried about it, but when you owe 1 billion, the bank manager is worried.”

Asked if the separate legal systems amount to apartheid, Ganz said: “I agree with you, 100%.”

His preferred solution is that Israel annex what’s known as Area C, the 60% of the West Bank where, under interim peace accords, Israel already exercises complete control. Area C includes the settlements, as well as rural areas that are home to some 300,000 Palestinians, according to the U.N.

Most Palestinians live in Areas A and B — scattered, disconnected population centers where the Palestinian Authority exercises limited self-rule.

“It’s strange that different populations in the same area have different laws,” Ganz said. “So we have to bring Israeli law to everyone here in Area C.”

Two years ago, Israel’s then-prime minister Benjamin Netanyahu flirted with annexation before putting it on hold as part of an agreement with the United Arab Emirates to normalize relations.

The Palestinians, and much of the international community, view annexation as a violation of international law that would deal a fatal blow to any hope for a two-state solution, still widely seen internationally as the only way to resolve the Israeli-Palestinian conflict.

Netanyahu, now opposition leader, and his allies strongly support the West Bank bill but hope its defeat will speed his return to power. The coalition cannot pass it on its own because a handful of lawmakers — mainly Palestinian citizens of Israel — refuse to vote for it.

The law may have been designed with an eventual partition in mind. But many Palestinians see its longevity as proof that Israel was never serious about a two-state solution.

“They could have easily undone the occupation by just not passing this law, time and again,” said Diana Buttu, a Palestinian lawyer and former adviser to the Palestinian Authority. “It gets passed by the left and it gets passed by the right. That’s why this idea of two states is such a fiction.”

Associated Press reporter Alon Bernstein in Jerusalem contributed to this report.

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