International Criminal Court to Investigate Odessa Pogrom

Attorneys & Solicitors
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Washington DC 20006 USA
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May 4, 2014

Information and Evidence Unit
Office of the Prosecutor
Post Office Box 19519
2500 CM The Hague
The Netherlands

Via [email protected]

Communication/Information
Crimes against Humanity - Odessa, Ukraine (Fascist Pogram)

Dear Mrs. Fatou Bensouda:
I am writing to you as a concerned member of the International Criminal Bar, the
organization which represents attorneys who practice before the International
Criminal Court. I have also served as Holocaust restitution attorney for these
Ukrainian anti fascist organizations: Organization of Ukrainian Anti Fascist Freedom
Fighters, Ukrainian Union of Nazi Victims and Prisoners, and The International
Union of Former Juvenile Prisoners of Fascism of Ukraine. Their members are
survivors and the families of Nazi era fascist genocide and have an intense fear of the
fascist allies of the Ukrainian government including Right Sector which venerate the
fascist leader Bandera.
The purpose of this letter is to urge you to immediately launch an investigation of the
May 2, 2014 Odessa, Ukraine massacre on your own initiative without further delay.

The putative government of Ukraine on April 17, 2014 asked the International
Criminal Court Office of the Prosecutor to commence investigation under ICC Article
12(3) of the the alleged crimes stemming from the February 2014 sniper incidents in
Kiev that killed almost 100 protestors and police and wounded hundreds more. On
March 5, 2014 this office also requested an investigation noting that the origin of the
snipers was far from certain and might involve foreign powers or the putative
government of Ukraine itself.

On May 2, 2014 raw video footage I have reviewed shows Right Sector fascists
conducted a pogrom against the anti fascist resistance in Odessa, Ukraine. The anti
fascists were chased into a building that was set aflame by Right Sector while
Ukrainian government police stood by and watched without intervening. When
victims tried to escape the burning building they were beaten mercilessly and shot at

Attorneys & Solicitors
1629 K Street NW Suite 300
Washington DC 20006 USA
Tel/Fax 1-202-318-2406
[email protected]
www.brimstoneandcompany.com

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by the Right Sector. The corpses of the victims were later looted by right sector for
trophies. Survivors of the pogrom were arrested by the Ukrainian police and only
released after the public stormed the police station on May 4, 2014.

On May 3, 2014, the Ukrainian Interior Ministry released the following statement:

Preliminary findings from an Interior Ministry investigation suggest that pro-Russian
separatists in Odessa accidentally set the trade union building on fire with Molotov
cocktails.

According to an Interior Ministry statement, separatists on May 2 broke into the trade
union building and barricaded themselves inside. They then from the roof started
throwing Molotov cocktails and shooting with firearms at “peaceful citizens.”

Some of the incendiary devices hit the building causing a fire that eventually killed
more than 40 people, said the Interior Ministry statement.

The statement is at odds with eyewitness accounts and videos. The victims did not set
themselves on fire and Right Sector was not “peaceful Ukrainian citizens” but instead
armed thugs.

Further, I am of the express opinion that victims of the Odessa massacre and their
families are in grave danger of retaliation by both the Ukrainian government and its
fascist allies. I am requesting appointment of a Special Counsel for Victims during the
investigation stage and volunteer this office which meets the criteria set forth in ICC
regulation 81.

Yours respectfully


Dr. Jonathan Levy, PhD
International Criminal Bar/ Barreau Pénal
Member No. 100465