Legal Qualification of Public Calls for Aggressive War and Dissemination of Materials
Article 436 of the Criminal Code of Ukraine (CCU) establishes liability for public calls for aggressive war or instigation of armed conflict, as well as for producing or disseminating materials containing such calls. It is key for criminal prosecution of Russian propagandists, journalists, and officials who, since 2014 and especially after February 24, 2022, openly call for the destruction of Ukraine, the Ukrainian people, and the initiation of aggressive war.
Key Provisions of Article 436 (CCU)
- Basic Offense: Public calls for aggressive war or armed conflict, as well as production or dissemination of materials containing such calls (Penalty: Imprisonment up to 3 years).
Public Calls: Actions of Russian propagandists and officials in media, social networks, or official channels calling for "denazification" (in Russian interpretation – destruction of Ukrainian statehood), strikes on civilian infrastructure, and continuation of full-scale invasion are qualified under Article 436 CCU.
Evidence of Violation (Russian Media and Officials)
- Television and media calls: Statements by leading federal TV channels, deputies, and guests openly calling for the seizure of Ukrainian territory, elimination of political leadership, and destruction of critical infrastructure.
- Official statements: Public remarks of Russian officials, including members of the Security Council and Ministry of Defense, justifying aggression and calling for its continuation. For example, statements on the "special military operation" and "protection of Russian-speaking population" serve as evidence of calls for aggression (often in combination with Article 437 CCU).
- Dissemination of materials: Production, publication, or dissemination of print, audiovisual, and digital materials calling for aggressive actions against Ukraine, including maps with military targets and instructions for "demilitarization" of Ukraine.
Connection with International Law
Propaganda of aggressive war is prohibited by international treaties, including the International Covenant on Civil and Political Rights (Article 20). It forms part of the crime of aggression under Article 437 CCU. International recognition includes UN and Council of Europe investigations into disinformation justifying the Russian invasion.
Legal Consequences
- In absentia prosecution of Russian propagandists and journalists.
- Evidence of intent for aggressive war and crimes against humanity, as propaganda often carries a misanthropic character.
- Justification for sanctions against individuals and organizations spreading aggressive rhetoric.
- Examples of real cases: in absentia charges against Russian propagandists, blocking of social media channels, arrests of collaborators spreading calls for war.
Sources
- Criminal Code of Ukraine: Article 436 (Text)
- International Covenant on Civil and Political Rights (Article 20)
- Related Article: Article 437 CCU (Planning, Preparing, or Initiating Aggressive War) →
© 2001 — Criminal Code of Ukraine. Analysis of Violations.
Source: The Aggression Archive