Amsterdam sounds the alarm: what are the Ukrainian authorities planning?
Human rights lawyer R. Amsterdam wrote a letter to V. Zelensky, revealing a new scheme to destroy the UOC and warning of consequences. We explain the scheme in simple terms.
The tone of the letter leaves no doubt – there is a plan in Ukraine to completely eliminate the UOC. By the very act of writing the letter and making public internal documents from Zelensky's administration, lawyer Robert Amsterdam hopes to prevent the implementation of this plan, especially since it is not supported by everyone within Ukraine's power structures.
Crime against humanity
In the opening lines of the letter, Amsterdam, setting aside any diplomatic pleasantries, writes: "I am putting you on notice that your government is at serious risk of committing crimes against humanity under Article 7 of the Rome Statute of the International Criminal Court by virtue of your systematic attack on the Ukrainian Orthodox Church (UOC) and its priests and parishioners."
This warning is extremely serious, as crimes against humanity have no statute of limitations, and the punishment under the Rome Statute can include life imprisonment. It is worth noting that though Ukraine signed the Rome Statute, it has not ratified it. Therefore, the jurisdiction of the Court in the Hague does not currently extend to Ukrainian territory. However, it does apply to all EU countries, Canada, Australia, all South American countries and others.
Despite the harshness of Amsterdam's warnings, he is absolutely right. The actions of the Ukrainian authorities against the UOC indeed fall under Article 7 of the Rome Statute, "Crimes against Humanity". The article states that a "crime against humanity" refers to any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack. The article then lists specific acts, including the following: "h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious or other grounds…."
In principle, the campaign against the UOC, especially in the last two years, already shows signs of being a "widespread or systematic attack directed against any civilian population". This includes the seizure of churches, falsification of documents of religious community meetings, decisions by local authorities to ban the UOC, criminal prosecution on fabricated charges, physical violence, etc. All of this is indeed being carried out systematically, on a large scale and deliberately. And most importantly, the only identifying characteristic of those against whom these actions are being taken is their affiliation with the UOC. If individuals of other religious affiliations were accused of the same things as UOC members, the state would not seek to ban the religious organisations to which they belong, and in most cases, there would be no claims against these individuals from law enforcement. However, if bill No 8371 to ban the UOC is passed and the scheme to destroy it is implemented, the state will actually admit that it is committing the acts described in Article 7 of the Rome Statute, "Crimes against Humanity".
Here is the outline of the scheme as detailed by Robert Amsterdam in his letter to Volodymyr Zelensky. Amsterdam learned about this scheme from internal documents developed within the corridors of Ukrainian power, to which he gained access:
Section 1: Establishment of the Exarchate of the Constantinople Patriarchate in Ukraine
Robert Amsterdam writes: "The documents we have in our possession shed new light on the purpose of Draft Law 8371 and the Ukrainian government’s intentions for the future of the UOC (see Annex One). The contents of these internal documents suggest that they have been drafted in recent months by individuals with authority and access to internal government planning. One of these documents provides guidance on your government’s plans to establish a new exarchate in Ukraine to be administered by the EP. It appears to be the goal of your government for this new exarchate to subsume the UOC following the passage of Draft Law 8371. This is framed as the first step in a process that will lead to the unification of the UOC and OCU, in full violation of the UOC’s rights to manage its organizational and administrative affairs and the international legal guarantees of religious freedom."
In fact, the Exarchate of the Ecumenical Patriarchate in Ukraine has existed since 2019. It is headed by Bishop Michael of Koman (Anishchenko) and is based at St. Andrew's Church in Kyiv. However, it has not been particularly active so far. Whether this structure will be used in the scheme to destroy the UOC or whether the Phanar (Ecumenical Patriarchate) will create something separate is not that important. The key point is that, according to the plan, UOC parishes and dioceses would be transferred to the exarchate after the UOC is banned. This is likely to occur not as a unified administrative structure but on an individual basis. The Phanar would then devise a governance structure for these parishes in a way that suits its interests.
In Amsterdam's view, the transition of UOC communities to the exarchate would be only the first stage. These communities would later be transferred to the Orthodox Church of Ukraine (OCU). Therefore, those who believe that joining the exarchate of the Phanar in Ukraine is canonical or almost canonical should not delude themselves. Eventually, they would still have to unite with the "episcopate" of the OCU, which lacks canonical grace.
Amsterdam then outlines the steps the Ukrainian authorities intend to take to merge the UOC with the OCU:
- reducing the influence of the UOC;
- creating a positive image of the OCU;
- imposing sanctions against sponsors of the UOC;
- creating a toxic perception in society of the very fact of of UOC affiliation;
- ensuring the review of UOC lease agreements by national, regional, and local authorities with the aim of terminating them.
These actions are already being implemented to some extent, but they would increase significantly if the UOC is banned. Amsterdam himself sees no other method for uniting the UOC and the OCU except through coercion.
Another point Amsterdam makes is that if this plan is implemented, the Ecumenical Patriarchate would be forced to commit a clear violation of church canons by recognising two bishops for the same dioceses – those of the OCU and the exarchate. But it seems that R. Amsterdam simply underestimated the ingenuity of the Phanariots in applying the canons. They will simply call the dioceses of the exarchate by the names of some dioceses that existed (or even did not exist) in antiquity: Gothic, Scythian, Sarmatian, and so on.
Section 2: Harassment of and abuse of law against UOC priests and journalists
This section of Amsterdam's letter reveals the initial steps in the plan to destroy the UOC, as outlined in the first point. The plan to eliminate the Church is based on intimidating UOC clergy and believers through the following methods:
- criminal and civil prosecution of clergy and journalists;
- imposing sanctions on the UOC's top leadership;
- widespread searches of UOC premises, as well as those used by clergy and journalists;
- illegal interrogation methods;
- use of "psycholinguistic examinations" as a form of "expert" evidence.
The last method deserves special attention because these "examinations" form the core of the "evidentiary" base for the persecution of UOJ journalists, as well as many clergy and believers. The essence of this method is that a so-called "expert" issues a conclusion that the words of a journalist, priest or believer contain illegal content. Most often, this involves accusations of inciting inter-religious hatred or justifying Russian aggression. For example, a news report about OCU supporters cutting the locks off a church door is interpreted as "incitement" while a priest's sermon suggesting that war is sent as punishment for sins is seen as "justification" of aggression. Everyone understands that this is absurd, but there is a document – a "psycholinguistic examination" – that can be used to imprison someone. Thus, the "expert" decides people's fates. This is a direct copy of the methods used by the Bolshevik NKVD, as noted by Amsterdam.
As an example of this intimidation policy, the human rights lawyer cites cases of completely illegal and absurd persecution of Metropolitans: Arseniy of Sviatohirsk and Theodosiy of Cherkasy. The former is behind bars because he complained in a sermon that pilgrims were not being allowed through a particular locality, and the latter because of his religious talks about what is the Church and what is not.
Section 3: Persecution of parishioners and illegal transfers of churches
R. Amsterdam reports that approximately 1,500 churches of the UOC have been seized in Ukraine to date. Most of these churches have been transferred to the OCU against the will of the religious communities and in violation of the law. However, not only do the Ukrainian authorities fail to prevent these violations or protect the legal rights of believers, but they also encourage these breaches. According to the human rights advocate, the police and the Security Service of Ukraine (SBU) either participate in the illegal seizures of churches or merely watch as radicals take over the churches using violence. R. Amsterdam characterizes this as the dispossession of property from its rightful owners.
Two incidents that occurred on the same day, March 28, 2023, are cited as examples: one, where a group of attackers stormed the UOC Cathedral in Ivano-Frankivsk and used tear gas to expel UOC believers, and another in the village of Kordyshev in the Ternopil region, where the Church of the Blessed Virgin Mary was set on fire using Molotov cocktails.
R. Amsterdam emphasizes that the seized churches have been closed and turned into "ghosts", meaning the OCU does not have the numbers of believers to fill these empty churches.
Section 4: Draft Law 8371 will ban the UOC
According to R. Amsterdam, the adoption of Draft Law 8371 is in its final stages of a legislative effort to ban the Church. Amsterdam's law firm has already conducted a detailed analysis of this bill, revealing that it “would fail not just one, but all the criteria required for permissible restrictions on the freedom of religion under the European Convention of Human Rights”.
Since then, numerous amendments have been made to the bill, further distancing it from international standards. The latest versions of Draft Law 8371 are so shockingly non-compliant with international norms that the Verkhovna Rada has not even dared to publish them. Nevertheless, these amendments have come into the possession of Amsterdam's law firm, which has made efforts to inform the international community about their content. The clear conclusion, voiced not only by R. Amsterdam but also by a number of other international human rights organisations and some religious organisations, such as the Anglican Church, is that Draft Law 8371 is a blatant violation of the right to freedom of religion.
If adopted, the State Service for Ethnopolitics and Freedom of Conscience (DESS) would gain virtually unlimited powers to take action against the UOC. DESS would be able to independently decide on the UOC’s ties with the Russian Orthodox Church (ROC), disregarding the UOC’s position and the actual circumstances. According to R. Amsterdam, the most unjust aspect is that DESS would use internal acts of the Russian Federation, such as the statutes of the ROC, actually violating the rights of millions of Ukrainian citizens based on the legislation of an aggressor state.
According to R. Amsterdam, the Ukrainian authorities plan not only to ban UOC communities as legal entities but also to make any of their activities, including religious services, impossible.
The human rights advocate also highlights that Draft Law 8371 is actively promoted by former Ukrainian President Petro Poroshenko and his party "European Solidarity". As the founder of the OCU Poroshenko is particularly interested in the UOC ban. Moreover, it is evident that he will be the beneficiary in any case. If the ban is implemented, he will gain political points as the main initiator of this ban. If the ban fails, the responsibility will fall on President Volodymyr Zelensky. It is possible that Poroshenko, as a more experienced politician, is deliberately trying to set Zelensky up for accusations of "Crimes against humanity" under the Rome Statute, potentially bringing him under the jurisdiction of the International Criminal Court in the Hague.
Epilogue
After outlining the scheme to destroy the UOC that he revealed, R. Amsterdam urges President Zelensky to change the government's policy toward the UOC, to ensure real protection for believers and withdraw Draft Law 8371 from the Verkhovna Rada. The letter concludes by reiterating the warning given at the beginning: " As President of Ukraine, and based on legal doctrines of command responsibility, you bear personal responsibility for the actions of your government and subordinates. Should you fail to stop them, you will be at risk of being held personally responsible for crimes against humanity."
Additional insights
The internal documents to which R. Amsterdam refers are the "Strategic Course Note for the Establishment of a Single Local Church in Ukraine" and the "State Policy Note in the Religious Sphere". These documents, in addition to the scheme of the destruction of the UOC presented above, contain some several notable statements.
One key point is that the transition to the Phanar’s exarchate should be presented as a "temporary canonical omophorion of the Ecumenical Patriarch". This "omophorion" is primarily aimed at UOC bishops who, according to the authors of the memorandums, view a complete break with the ROC as a canonical crime. To ease their ecclesiastical conscience, Patriarch Bartholomew is expected to offer them this "canonical umbrella". This idea is not new; it is recalled that two UOC renegades, former metropolitans Oleksandr (Drabinko) and Simeon (Shostatsky), received certain "protective letters" from Patriarch Bartholomew before attending the "Unification Council" on December 15, 2018, assuring them that any canonical sanctions from the UOC or ROC would be null and void. It is worth noting that betrayal in the eyes of God remains betrayal, regardless of the "umbrellas" under which it is concealed.
The authors of the "State Policy Note in the Religious Sphere" critically assess the activities of nearly all the creators and lobbyists of the OCU project, including DESS, "European Solidarity," the OCU leadership and even representatives of the Phanar. Essentially, they acknowledge that these groups created a mess that Zelensky's administration now has to deal with, and the administration is unable to change the main direction of this policy.
The leaders of the OCU are identified as the main beneficiaries of the current situation. The documents suggest that they are using state bodies to settle scores with the UOC out of personal animosity. Many accusations directed at UOC representatives could also be made against the OCU, but this does not happen because the OCU has a "pardon" from the authorities.
V. Yelensky, the DESS head, is described as the main lobbyist for the OCU's interests, though he is not the only one within the government. This official is accused of "deliberately manipulating facts, downplaying risks and threats, and substituting causes and effects, offering contradictory statements in different contexts." According to R. Amsterdam, Yelensky's actions may be motivated by "additional bonuses" understood to mean financial interests.
Not everyone within the "European Solidarity" party supports the idea of persecuting the UOC. This could very well be a political maneuver by the party's leadership to neutralize "Servant of the People" as their political opponents.
Patriarch Bartholomew’s efforts to unite Ukrainian Orthodoxy have been unsuccessful, negatively impacting his international image.
Metropolitan Emmanuel (Adamakis), a key participant in the creation of the OCU, intended to use this project as a stepping stone in his future bid for the position of Ecumenical Patriarch of Constantinople and was also financially invested in the success of the OCU project.
These points are outlined in the memorandums, which, according to R. Amsterdam, were drafted within Ukraine’s government structures.
