The top 4 political parties of the Russian State Duma, which have systematically supported Putin's policies and aggression and terror against Ukraine, have more than 3 million members in total. All of these people have contributed to the installation of Putin’s terrorist regime and therefore - to its aggression, but most of them have never been held accountable. Under US regulations, there is every reason to list these parties as Foreign Terrorist Organizations.
Russian-appointed "head of the Crimean Republic" with one of the members of the "Rusich" illegal military formation
Legal grounds
Foreign Terrorist Organizations (FTOs) are foreign organizations that are designated by the Secretary of State in accordance with section 219 of the Immigration and Nationality Act (INA), as amended. FTO designations play a critical role in the US fight against terrorism.
The Bureau of Counterterrorism in the State Department (CT) monitors the activities of terrorist groups active around the world to identify potential targets for designation. When reviewing potential targets, CT looks not only at the actual terrorist attacks that a group has carried out, but also at whether the group has engaged in planning and preparations for possible future acts of terrorism or retains the capability and intent to carry out such acts.
To be placed on the Foreign Terrorist Organization list, three criteria must be met:
The organization must be foreign;
Engage in or have the capability and intent to engage in terrorist activities;
Threaten the security of U.S. citizens, the defense or national security of the United States, foreign relations or economic interests.
Section 212(a)(3)(B) of the Immigration and Nationality Act (INA) defines "terrorist activity" to mean: any activity which is unlawful under the laws of the place where it is committed (or which, if committed in the United States, would be unlawful under the laws of the United States or any State) and which involves any of the following:
At the same time, terrorism defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. § 2656f(d)(2)): as "premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents."
As we have mentioned before, such Russian political parties of the State Duma as 'United Russia' (UR), 'Communist Party of the Russian Federation' (CPRF), 'Just Russia - for Truth' (JR) and 'Liberal Democratic Party of Russia' (LDPR) should be designated as Foreign Terrorist Organizations. The grounds for this are: (a) systematic integration into their ranks of those responsible for terrorist acts; (b) systematic support for terrorism.
Integration
In 2015, the Verkhovna Rada of Ukraine recognized the so-called ‘DNR’ and ‘LNR’ - pro-Russian terrorist forces, as terrorist organizations, and the Prosecutor General's Office of Ukraine opened relevant cases for the establishment of terrorist organizations. As Ukrainian legislation does not provide for a corresponding list of terrorist organizations, the Supreme Court of Ukraine ruled that the fact of terrorist activity, as well as the establishment and participation in such groups, is established on a case-by-case basis. As of November 2022, Ukraine's court registers contained 377 convictions for participation in the terrorist ‘DNR’ and 267 in the terrorist ‘LNR’. Thus, each of these serves as a legal recognition of these forces as terrorist organizations.
Although Russia has systematically unofficially supported terrorists in Ukraine since 2014, it has gradually moved to directly integrate them. Thus, in 2021, Aleksandr Borodai, one of the founders of the pro-Russian terrorist forces in Donetsk, who was behind the ‘DPR’ and is wanted in Ukraine on terrorism charges, became a member of the State Duma from ‘United Russia’. Also elected to the Duma (but he declined the mandate) was the terrorist Zakhar (Yevgeny) Prilepin, who became co-chairman of the ‘Just Russia’ party, although he is also wanted for terrorism in Ukraine. In the same year, ‘UR’ granted membership to Denis Pushilin and Leonid Pasechnik - wanted leaders of pro-Russian terrorist forces. Membership in the ‘KPRF’, in turn, was granted to Valery Bolotov - commander of the terrorist group ‘Army of South-East’, affiliated with the ‘LNR’.
‘UR’ has also signed a memorandum of cooperation with the ‘Union of Volunteers of Donbass’, which as of February 2022 unites about 16,000 combatants of pro-Russian terrorist forces. According to the memorandum, ‘United Russia’ officially declared its intention to nominate members of this organization for elections at various levels. Already after the illegal annexation of Donetsk and Luhansk regions, ‘UR’ has concluded an agreement with the ‘Donetsk Republic’ organization, which de facto acts as the key quasi-party of ‘DPR’ terrorists. As of September 2022, more than 43,000 members of the ‘DNR’ had become members of ‘United Russia’. Thus, all these parties in the Russian State Duma have directly integrated the pro-Russian terrorist forces into their structure.
In addition to direct affiliation with terrorist groups in the Donetsk and Luhansk regions, Russian political parties also cooperate directly with individuals convicted of various criminal acts. For example, Internationally notorious convicted arms smuggler Viktor Bout became a member of the ‘LDPR’, and Maria Butina, convicted of espionage in the United States, became a ‘United Russia’ MP.
Systematic support for terrorism
The leaders of all these parties, since 2014, have been wanted in Ukraine for committing various crimes, including creation of terrorist groups, creation of illegal armed formations and violation of the territorial integrity of Ukraine. Moreover, former ‘LDPR’ head Zhirinovsky was directly added to the EU sanctions lists for signing party cooperation agreements with the ‘DNR’. As stated earlier, similar agreements have been signed by ‘United Russia’ as well as ‘KPRF’, which was directly involved in the establishment of the Communist Party on the territory controlled by ‘DNR’ and ‘LNR’, whose leaders are also on the EU sanctions lists and wanted in Ukraine.
After the announcement of mobilization in Russia, several MPs of the State Duma submitted statements to their leadership about their readiness to go to war against Ukraine. Andrey Turchak, Secretary of the General Council of the ‘United Russia’, said that he had received statements from several Duma MPs requesting that they be sent to serve in the Ukraine, including: Khubezov, head of the Committee on Health Protection; Sablin, deputy head of the Committee on Defence; Vitaly Milonov, deputy head of the Committee on Family Affairs (eventually joined ‘PMC Wagner’ group); Sergey Sokol, deputy head of the Committee on Economic Policy; Oleg Kolesnikov and Alexander Borodai, deputy head of the Committee on CIS Affairs (joined the ‘Union of Volunteers of Donbass’).
Thus, Russian political parties at the institutional level supported the deployment of terrorist activities on the territory of Ukraine. These facts indicate that political parties in the Russian Federation are directly involved in actions that are considered terrorism or terrorist activities under U.S. law, namely: (a) The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained; (b) An assassination; (c) The use of explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property; (d) Premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents.
At the same time Russian political parties are consistent with all the facts, pointing to ‘engage in terrorist activity’: (a) to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity; (b) to prepare or plan a terrorist activity; (c) to gather information on potential targets for terrorist activity; (d) to solicit funds or other things of value…
Decision-making
The facts outlined demonstrate that all these actions are not the wishes of individuals who can be personally sanctioned, but a consistent policy of Russian political parties. Therefore, responsibility should be shared by all the parties, as well as their members.
As of December 2022, there were 68 terrorist organizations on the FTO list.
If the Secretary of State, in consultation with the Attorney General and the Secretary of the Treasury, decides to make the designation, Congress is notified of the Secretary’s intent to designate the organization and given seven days to review the designation, as the INA requires. Upon the expiration of the seven-day waiting period and in the absence of Congressional action to block the designation, notice of the designation is published in the Federal Register, at which point the designation takes effect. By law an organization designated as an FTO may seek judicial review of the designation in the United States Court of Appeals for the District of Columbia Circuit not later than 30 days after the designation is published in the Federal Register.
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