Władysław Kosiniak-Kamysz. Photo: PAP/Piotr Nowak - the Deputy Prime Minister of Poland and the Minister of National Defence

It is crucial to acknowledge the differential treatment between various national groups. Notably, while Poland and Lithuania have pledged to assist in the repatriation of Ukrainian men subject to military draft, thereby recognizing their vulnerable status, the broader policies enacted by the EU fail to protect these same individuals under the established norms of international refugee law. This selective enforcement contravenes Article 14 of the Universal Declaration of Human Rights, which guarantees the right to seek and enjoy asylum from persecution, as well as the non-refoulement principle enshrined in the 1951 Refugee Convention.

Moreover, the contrasting responses of the European Union to the restrictive measures imposed by Belarus on its citizens and its passive acceptance of similar constraints on Ukrainians underscore a disconcerting inconsistency. We must recognize that while the European Commission vehemently opposed Belarus’s actions, deeming them a violation of basic human rights, it simultaneously dismissed or ignored parallel actions when they affected Ukrainian nationals.

This selective silence and inaction embody a clear breach of the EU Charter of Fundamental Rights, which stipulates that all individuals are equal before the law and are entitled to non-discriminatory treatment irrespective of nationality. The failure to uphold these fundamental principles not only undermines the credibility of the EU’s commitment to human rights but also sets a dangerous precedent of selective legal enforcement based on nationality and gender.

Therefore, we urge to recognize these actions as discriminatory and contrary to the spirit and letter of both international law and European Union directives. We seek a ruling that acknowledges these violations and compels the involved states to rectify their policies to ensure fair and equal treatment of all individuals, particularly those affected by conflict and displacement.

Refugees subject to Ukrainian conscription laws should go to fight in Ukraine. Slovak Defense Minister Robert Kaliňák said this in the V politike talk show. According to the head of defense, there is no need to send NATO soldiers to the territory of Ukraine.

"Of all the refugees we are protecting, (…) there is a group that corresponds to the Ukrainian conscription law," Kaliňák said in the talk show, saying that he thinks it is "the biggest help to the Ukrainian army if it has enough people."

Source: standard.sk

A potential legal violations in the statement suggesting that Ukrainian refugees subject to Ukraine’s conscription laws should participate in military efforts, it would include the following points:

1. Violation of the Non-Refoulement Principle:

The statement implicates a violation of the non-refoulement principle, a fundamental aspect of the 1951 Convention Relating to the Status of Refugees (Article 33), which prohibits expelling or returning a refugee in any manner to territories where their life or freedom would be threatened. Suggesting that refugees, who have sought safety, should return to a conflict zone contradicts this principle.

2. Infringement of the Right to Asylum:

The right to seek and enjoy asylum from persecution is enshrined in the Universal Declaration of Human Rights (Article 14). By proposing that refugees engage in military conflict, the spirit of this right is undermined, as it subjects individuals to the very conditions from which they fled.

3. Breach of European Union Law:

The statement may also breach European Union law, specifically the Qualification Directive (2011/95/EU), which sets out the standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection. Sending refugees to partake in military actions can compromise their status and safety, contrary to the directive’s intent to offer protection.

4. Contravention of the European Convention on Human Rights (ECHR):

Specifically, Article 3, which prohibits torture and “inhuman or degrading treatment or punishment.” Forcing or coercing refugees into military conflict could be seen as a violation of this article by subjecting them to severe mental and physical distress.

5. Undermining the Principles of Voluntary Repatriation:

The UNHCR’s guidelines on voluntary repatriation underline the necessity for repatriation to be a voluntary act. Any form of coercion or pressure that compromises the voluntary nature of repatriation, especially for the purpose of military conscription, is in direct contradiction with these guidelines.

"The Polish government should help Kiev in the deportation of Ukrainians who are in exile - said General Waldemar Skrzypczak. The Ministry of Foreign Affairs referred to this idea. "We are considering how we can support the Ukrainian side" - said the Ministry of Foreign Affairs..."

Source: gazeta.pl

General Waldemar Skrzypczak’s statements suggesting that the Polish government should assist in the deportation of Ukrainian refugees potentially violates the principle of non-refoulement, which is a fundamental aspect of international refugee law as established by the 1951 Refugee Convention and its 1967 Protocol. This principle strictly prohibits the forced return of refugees to countries where they are at risk of facing persecution, serious harm, or threats to their life or freedom.

The general’s call for the deportation of Ukrainian refugees, specifically targeting them based on their nationality and potentially their gender, disregards this international legal standard. The principle of non-refoulement is obligatory for all countries, irrespective of their ratification status of the Refugee Convention, and aims to protect the rights and safety of individuals fleeing conflict and persecution.

Furthermore, such discriminatory treatment towards Ukrainian refugees, as opposed to individuals from other conflict-affected regions like the Middle East or Africa, could also be seen as a breach of the principles of equality and non-discrimination, which are core to international human rights law. These principles are enshrined in various international instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, to which Poland is a party.

On MEP Jaak Madison egregiously slandered Ukrainian refugees during a European Parliament session, labeling them as “cowards” for seeking sanctuary from mobilization and baselessly accusing them of violating Ukrainian law.

Such statements not only exhibit a profound disrespect for the individuals fleeing conflict but also represent a flagrant violation of international and European Union legal standards governing the treatment and rights of refugees: