CSM Leiden - Expert Analysis Security and the Rule of Law
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Module
Security and rule of law (8921M011)
Institution
Universiteit Leiden (UL)
This assignment was written as a part of the Crisis and Security Management curriculum. This expert analysis for the course Security and the Rule of Law was graded with a 7.3 and is about the execution of a collaborator during war time named Denis Kiryeyev.
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Executions of Collaborators in Wartime
The case of Denys Kiryeyev and the War in Ukraine
S1871595
S1871595@vuw.leidenuniv.nl
Crisis and Security Management MSc, Leiden University
Dr. S. D’Amato & Dr. D.T.N. van Puyvelde
Security and the Rule of Law
03-04-2023
1482 words
, Executive Summary
This article discusses the death of a Ukrainian businessman, Denis Kiryeyev, who was found
dead after being apprehended by the Ukrainian National Security Service (SBU). The SBU has
been heavily involved in rolling up a network of collaborators and spies in Ukraine during the
Russo-Ukrainian War, resulting in more than 650 spies being apprehended.
However, human rights activists have expressed great concern over the SBU's use of
violence and extra-judicial methods. The article explores the legal concepts and frameworks
that apply to this case, discussing the different perspectives and providing advice for resolving
the conflict between the rule of law and maintaining security. On one hand, the party defending
human rights calls on international human rights law and international humanitarian law, which
set boundaries in which law enforcement should operate and aim to protect an individual against
abuse by their state, in times of conflict and peace. On the other hand, there is a political and
societal side to the use of force by the Ukrainian security services against collaborators, which
is negligent of human rights in some cases.
Finally, the article advises that a balance must be found between the use of force and
the rule of law, as the exceptional situation Ukraine finds itself in does not change the way the
law applies to conflict and the use of force by a state. Taking into consideration the different
sides in this case, the SBU needs to take responsibility when it comes to guarding the rule of
law, even in times of existential conflict.
Some of the concepts discussed in this analysis in relation to the case are:
• Collaboration
• Internal use of force
• International humanitarian law
• International human rights law
• Legitimacy
• Sovereignty
• Social contract
• Realism
• Deontology
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