Ukraine
Ukraine has counterterrorism provisions in its Criminal Code. There is no carve-out for the exercise of fundamental human rights. At the time of writing, Ukraine was continuing to face Russian aggression, which included manifold acts of terror by Russian forces in the conduct of the war.
The Definition of Terrorism in Domestic Law
Ukraine's Criminal Code defines an act of terrroism as follows:
the use of weapons, explosions, fire or any other actions that exposed human life or health to danger or caused significant pecuniary damage or any other grave consequences, where such actions sought to violate public security, intimidate population, provoke an armed conflict, or international tension, or to exert influence on decisions made or actions taken or not taken by government agencies or local government authorities, officials and officers of such bodies, associations of citizens, legal entities, or to attract attention of the public to certain political, religious or any other convictions of the culprit (terrorist), and also a threat to commit any such acts for the same purposes.Art. 258(1), Criminal Code of Ukraine.
Adherence to Global and Regional Terrorism Treaties
Ukraine is a State Party to all of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
On 4 March 2022, Ukraine informed the depositary of the 1997 Terrorist Bombings Convention that it was "unable to guarantee full implementation of its obligations [under the Convention] due to the Armed aggression of the Russian Federation and with the imposition of martial law until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of Ukraine.”
Ukraine is also a State Party to most of the European regional treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1977 European Convention on the Suppression of Terrorism | State Party |
| 2003 Protocol amending the European Convention on the Suppression of Terrorism | State Party |
| 2005 Convention on the Prevention of Terrorism | State Party |
| 2015 Additional Protocol to the Convention on the Prevention of Terrorism | Signatory |
In April 2022, Ukraine informed the Council of Europe "about the impossibility to guarantee the implementation by the Ukrainian Side in full of its obligations under the above mentioned international treaties of Ukraine for the period of the armed aggression of the Russian Federation against Ukraine and introduction of martial law on the territory of Ukraine, until full termination of the infringement of the sovereignty, territorial integrity and inviolability of borders of Ukraine".
Laws and Penalties for Terrorist Offences
The Criminal Code sets out the following penalties for terrorist offences:
Terrorism is ordinarily punishable by imprisonment for a term of five to ten years.Art. 258(1), Criminal Code of Ukraine.
If repeated or committed by a group of persons upon their prior conspiracy, or where these actions caused significant property damage or other grave consequences, the punishment is imprisonment for a term of seven to twelve years.Art. 258(2), Criminal Code of Ukraine.
Where terrorist actions cause death, the punishment is imprisonment for a term of ten to fifteen years, or life imprisonment.Art. 258(3), Criminal Code of Ukraine.
Establishing, leading, or participating in a terrorist group or terrorist organization, and also providing logistical, organizational or any other assistance in order to facilitate the establishment or operation of a terrorist group or terrorist organization, is punishable by imprisonment of eight to fifteen years.Art. 258(4), Criminal Code of Ukraine.
Ukraine does not specifically criminalize terrorizing the civilian population as a war crime.
Counterterrorism Capacities and Policies at Domestic Level
The Counterterrorism Centre was created in December 1998 by the Decree of the President of Ukraine. It is a permanent body of the national Security Service.
Ukraine has a range of Special Forces engaged in counterterrorism operations.
At the time of writing, Ukraine was continuing to face Russian aggression, which included manifold acts of terror in the conduct of the war. The definition of terrorism includes provoking an armed conflict.
Glossary
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