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2. WHY DO MASS EXPULSIONS STILL HAPPEN?
- Author:
- Meghan Garrity
- Publication Date:
- 01-2023
- Content Type:
- Commentary and Analysis
- Institution:
- Political Violence @ A Glance
- Abstract:
- January 30, 2023 marks 100 years since the signing of the Lausanne Convention—a treaty codifying the compulsory “population exchange” between Greece and Turkey. An estimated 1.5 million people were forcibly expelled from their homes: over one million Greek Orthodox Christians from the Ottoman Empire and 500,000 Muslims from Greece. This population exchange was not the first such agreement, but it was the first compulsory exchange. Turkish nationals of the Greek Orthodox religion and Muslim Greek nationals did not have the option to remain. Further, Greek and Muslim refugees who had fled the Ottoman Empire and Greece, respectively, were not allowed to return to their homes. Only small populations in Istanbul and Western Thrace were exempted from the treaty.
- Topic:
- Human Rights, History, Refugees, International Criminal Court (ICC), Rome Statute, Rohingya, Geneva Convention, and Lausanne Convention
- Political Geography:
- Afghanistan, Turkey, Greece, Germany, Nigeria, Myanmar, and Niger
3. International Law and Palestine featuring George Bisharat
- Author:
- George E. Bisharat
- Publication Date:
- 03-2023
- Content Type:
- Video
- Institution:
- Center for Security, Race and Rights (CSRR), Rutgers University School of Law
- Abstract:
- Law is where power announces its victories. In other words, law generally, and international law in particular, have little independent potency to shape social and political realities. That principle is well-demonstrated in the case of Israel/Palestine, where law has exercised little impact on the ground, other than to legitimate Israel’s domination and dispossession of the Palestinians among certain audiences. Can that dynamic be altered, such that Palestinian rights can be vindicated by law? Possibly, by treating international law as one kind of discourse that is persuasive in certain contexts and in certain fora, from which Palestinian voices cannot afford to be absent. It follows, however, that legal discourse is not a substitute for other forms of struggle, and is likely capable of no more than a subordinate role in a broader movement for Palestinian rights.
- Topic:
- Human Rights, International Law, and Justice
- Political Geography:
- Middle East, Israel, and Palestine
4. Rethinking the EU’s Approach to Women’s Rights in Iran
- Author:
- Barbara Mittelhammer, Tara Sepehri Far, and Sussan Tahmasebi
- Publication Date:
- 04-2023
- Content Type:
- Working Paper
- Institution:
- Carnegie Endowment for International Peace
- Abstract:
- After the death of twenty-two-year-old Mahsa (Jina) Amini in the custody of Iran’s morality police on September 16, 2022, protests quickly spread throughout the country under the slogan of “Woman, Life, Freedom.” Amini’s death galvanized a movement that connects women’s individual freedom to choose their dress code to the systemic social, political, and economic grievances of a larger population that is demanding fundamental change. In claiming the realization of their basic rights, Iranians are revolting against a system that not only oppresses women and peaceful dissent but also continues to fail to meet citizens’ needs. This fight, which has attracted global solidarity, highlights the core message that when women’s rights are marginalized to nonexistence, human rights for all are at risk. The protests have taken place amid mounting repression of organized peaceful activism, a continuing deterioration of Iranians’ basic rights, and a host of economic ills, including rising inequality, increasing poverty, worsening living conditions, skyrocketing food prices, raging inflation, and rising unemployment. Three years of the coronavirus pandemic as well as decades-long comprehensive economic and financial sanctions have gravely added to the socioeconomic calamity. On top of this economic insecurity, precarious and perilous working conditions had already sparked increasing protests in Iran in recent years, resulting in the government’s harsh crackdown on human rights activists and civil society as well as further infringements on rights, including internet shutdowns, even before current events. Repression and the deterioration of Iran’s socioeconomic conditions have aggravated the situation for women in particular. Especially in recent years leading up to the current protests, this trend has hindered Iranian women’s ability to mobilize, protest, and achieve the full realization of their rights. Those who experience intersecting discrimination because of their minority background or social status are impacted even more if they live in rural areas, which are less developed than urban ones, or in areas on Iran’s border, which the state views predominantly through a security lens. The international response to Iran’s very poor human rights record and current protests, however, has lacked a holistic approach that considers women’s key role as agents of change and encompasses civil and political as well as social and economic rights as integral components of women’s rights. In fact, women’s rights and gender equality are not only goals in themselves but also enable the realization of fundamental rights of other marginalized groups, such as children and minorities. Moreover, women’s rights and gender equality are the strongest indicators of and preconditions for sustainable and peaceful societies, both internally and externally. Yet, the European Union’s (EU’s) current approach to Iran does not account for this reality. Over the past years, the EU’s policy toward the country has focused on negotiations to revive the Joint Comprehensive Plan of Action (JCPOA) after Washington’s withdrawal from the deal in 2018. The current situation in Iran urgently highlights the need for a policy framework that responds to the government’s repression and gross human rights violations and, equally, considers the disastrous socioeconomic situation in the country, which is a key obstacle to the public’s ability to organize to realize its rights. Given the importance of economic precarity and socioeconomic inequality in the current revolt, the EU should adopt policies that can support the protesters’ rights and demands in the short term while considering a revised long-term approach centered on empowering Iranians in their efforts to create long-lasting democratic change.
- Topic:
- Human Rights, European Union, Women, and Protests
- Political Geography:
- Europe, Iran, and Middle East
5. Transgressive Notes from Ecuador’s Prisons
- Author:
- Luis Barrios
- Publication Date:
- 05-2023
- Content Type:
- Commentary and Analysis
- Institution:
- The North American Congress on Latin America (NACLA)
- Abstract:
- President Guillermo Lasso’s Commission for Penitentiary Dialogue and Pacification was a failure. Now, a new Prison Observatory seeks to generate broad-based solutions to Ecuador’s prison crisis.
- Topic:
- Human Rights, Prisons/Penal Systems, and Crisis Management
- Political Geography:
- South America, Latin America, and Ecuador
6. Amazonia on the Brink
- Author:
- Carlos Andrés Baquero Díaz
- Publication Date:
- 05-2023
- Content Type:
- Commentary and Analysis
- Institution:
- The North American Congress on Latin America (NACLA)
- Abstract:
- Our Summer 2023 issue of the NACLA Report brings movement voices together with research and analysis to lay out what’s at stake in the Amazon and how to avert a deeper crisis.
- Topic:
- Climate Change, Environment, Human Rights, and Indigenous
- Political Geography:
- Brazil, South America, and Amazon Basin
7. El Salvador’s State of Exception Turns One
- Author:
- Katherine Funes
- Publication Date:
- 03-2023
- Content Type:
- Commentary and Analysis
- Institution:
- The North American Congress on Latin America (NACLA)
- Abstract:
- Rather than address the root causes of violence, President Nayib Bukele’s prolonged state of emergency militarizes Salvadoran society and exacerbates state persecution of vulnerable communities.
- Topic:
- Human Rights, State Violence, Violence, LGBT+, and Mass Incarceration
- Political Geography:
- Latin America, Central America, and El Salvador
8. The Latin American Left Turns Its Back on Dictatorship
- Author:
- Raúl Zibechi
- Publication Date:
- 03-2023
- Content Type:
- Commentary and Analysis
- Institution:
- The North American Congress on Latin America (NACLA)
- Abstract:
- The Latin American Left has largely distanced itself from Nicaragua’s Ortega. Still, understanding the shift from revolution to authoritarianism remains complex.
- Topic:
- Human Rights, Authoritarianism, Revolution, and Leftist Politics
- Political Geography:
- Latin America and Nicaragua
9. Peru's Media Faces a Crisis Within a Crisis
- Author:
- Brunella Tipismana
- Publication Date:
- 04-2023
- Content Type:
- Commentary and Analysis
- Institution:
- The North American Congress on Latin America (NACLA)
- Abstract:
- With Peru's mainstream media concentrated in a few hands, citizens turn to the internet to challenge hegemonic narratives. The results are not always utopian.
- Topic:
- Human Rights, Media, Protests, Crisis Management, and Bias
- Political Geography:
- South America, Latin America, and Peru
10. Navigating Apathy and Attacks in the Struggle for Migrant Rights in Chile
- Author:
- Pablo Seward Delaporte
- Publication Date:
- 01-2023
- Content Type:
- Commentary and Analysis
- Institution:
- The North American Congress on Latin America (NACLA)
- Abstract:
- For one activist, Chile’s proposed constitution missed a historic opportunity to defend migrant rights amid a right-wing backlash that ultimately defeated the new progressive charter.
- Topic:
- Human Rights, Constitution, Domestic Politics, Right-Wing Politics, and Migrants
- Political Geography:
- South America, Latin America, and Chile
11. Anti-Government Demonstrations in Iran: A Long-Term Challenge for the Islamic Republic
- Author:
- Dana Sammy
- Publication Date:
- 04-2023
- Content Type:
- Commentary and Analysis
- Institution:
- Armed Conflict Location & Event Data Project (ACLED)
- Abstract:
- Iran was rocked by mass demonstrations triggered by the September 2022 death of Mahsa Amini — a young Kurdish woman — while in the custody of the Guidance Patrol (also known as the ‘morality police’) for allegedly violating the hijab dress code. Protests over the mandatory hijab rule soon coalesced around a wide range of grievances with the regime, with participants demanding protections for civil, political, and human rights and calling for an end to the Islamic Republic. Although street demonstrations have subsided for the time being, how the protest movement will evolve — and how it will impact the stability of the Islamic Republic — remains an open question. This report explores potential answers to this question by examining notable trends and implications of the wave of demonstrations that unfolded in the country between September and December 2022. It argues that several emerging aspects of the nationwide movement may pose a long-term challenge to the regime. The demonstrations following Amini’s death were not only unique in regard to their geographical spread and longevity, but also in the way they brought together different segments of society with both distinct and overlapping grievances. Moreover, amid a harsh crackdown by Iranian authorities, engagement in violence by demonstrators has trended upward: between mid-September and December 2022, ACLED records the highest number of violent demonstration events for any round of nationwide demonstrations in Iran since the beginning of data collection in 2016. The increased use of Molotov cocktails and the killing of dozens of security personnel are among the most significant trends in demonstration violence observed in the latest round of events. The demonstrations did not reach a critical mass necessary to pose an immediate threat to the survival of the regime. Yet, this latest round in a sequence of increasingly violent demonstrations is indicative of growing resentment in Iranian society against the ruling elites and a willingness to express it forcefully despite severe repression. As the regime refuses to reform, the growing frequency and intensity of demonstrations suggests that the government will find itself in an increasingly unstable domestic position and increasingly isolated in the international arena.
- Topic:
- Government, Human Rights, Women, State Violence, and Protests
- Political Geography:
- Iran and Middle East
12. Holding the Islamic Republic of Iran accountable for atrocity crimes
- Author:
- Celeste Kmiotek, Alana Mitias, and Nushin Sarkarati
- Publication Date:
- 04-2023
- Content Type:
- Policy Brief
- Institution:
- Atlantic Council
- Abstract:
- With little to no prospect for accountability within Iran’s domestic courts, victims and survivors of serious violations of international law are turning toward an increasing number of foreign jurisdictions—most commonly in Europe and North America, but also in Latin America, Africa, and other regions—to pursue justice for human rights violations carried out by the Islamic Republic of Iran. Under the principle of universal jurisdiction, certain domestic justice systems allow prosecutions in national courts for crimes committed abroad, regardless of the victim’s or perpetrator’s nationality. Universal jurisdiction stems from the concept that certain crimes are of such gravity that they harm the international community as a whole, so national courts outside the country where the violations took place may prosecute them to protect the international order. Although the crimes subject to universal jurisdiction provisions differ by state, they generally include crimes against humanity, torture, war crimes, and genocide. Limitations on universal jurisdiction also vary between states, however, as do the processes for filing complaints and procedures for investigations, trials, and appeals. As was shown by the trial and conviction of Hamid Noury in Sweden for his involvement in the massacre of Iranian political prisoners in 1988, national prosecutions of international crimes can be a fruitful avenue to justice for victims of the Islamic Republic. To this end, the Atlantic Council’s Strategic Litigation Project has compiled a guide to aid practitioners and independent investigators in navigating the legal systems of European states with the highest likelihood of prosecuting Iranian human rights violators. Focusing on five states—France, Germany, the Netherlands, Sweden, and Switzerland—this manual outlines the crimes and violations subject to universal jurisdiction, best practices for investigating and documenting crimes, and processes for requesting investigations and participating in prosecutions as a victim, witness, or NGO. For information that is beyond the scope of this manual, the annex includes printed resources to consult and organizations to contact for additional assistance.
- Topic:
- Diplomacy, Human Rights, Politics, Rule of Law, Accountability, Norms, Atrocities, Resilience, and Society
- Political Geography:
- Iran and Middle East
13. Climate Protection Litigation on the Rise
- Author:
- Szymon Zaręba
- Publication Date:
- 02-2023
- Content Type:
- Working Paper
- Institution:
- The Polish Institute of International Affairs
- Abstract:
- In the last several years, national courts and international institutions have increasingly begun to treat conservative or climate-adverse actions by states as violations of their obligations under international law and human rights. This has been followed by some countries more affected by climate change and engaged in international bodies to put more pressure on Global North states to protect the climate. The sympathetic attitude of international courts towards such complaints may, in the long term, force the need for increased climate ambition or even compensation payments by, among others, Poland.
- Topic:
- Climate Change, Human Rights, International Law, Courts, and Litigation
- Political Geography:
- Europe, Poland, and Global Focus
14. Civil War between the Ethiopian Government and the Tigray People’s Liberation Front: A Challenge to Implement the Responsibility to Protect Doctrine
- Author:
- Israel Nyaburi Nyadera and Census Osedo
- Publication Date:
- 08-2023
- Content Type:
- Journal Article
- Journal:
- African Journal on Conflict Resolution
- Institution:
- The African Centre for the Constructive Resolution of Disputes (ACCORD)
- Abstract:
- How does the 2020–2022 civil war in Ethiopia contribute to our understanding of the Responsibility to Protect (R2P) doctrine? This study seeks to revisit the debate over the effectiveness of the R2P doctrine in the wake of increased intrastate conflicts. The objective is to assess the dilemma that arises with the implementation of R2P when governments are involved in the conflict and the international community is reluctant or unable to intervene. The study adopts the systematic review approach (PRISMA) to identify the shortcomings, trends, and debates around R2P. It uses the Ethiopian civil war to contribute further to the existing body of literature. The paper finds that, indeed, the R2P doctrine is facing serious challenges with its implementation. It shows that when governments fail to acknowledge the other actors as legitimate combatants and instead describe them as terrorist groups, it becomes difficult to uphold the R2P doctrine. The paper also identifies a lack of leadership and coordinated efforts at regional and international levels as contributing factors, which further undermine the effectiveness of R2P. The paper concludes that the Ethiopian civil war exposes serious shortcomings in the R2P doctrine that need to be reviewed and reformed urgently. It proposes the adoption of a systems-thinking approach that can streamline the actors and processes of response during civil wars.
- Topic:
- Civil War, Human Rights, Conflict, and Responsibility to Protect (R2P)
- Political Geography:
- Africa, Ethiopia, and Tigray
15. Two Years Of Repression: Mapping Taliban Violence Targeting Civilians in Afghanistan
- Author:
- Asena Karacalti and Elliott Bynum
- Publication Date:
- 08-2023
- Content Type:
- Special Report
- Institution:
- Armed Conflict Location & Event Data Project (ACLED)
- Abstract:
- On 17 August 2021, two days after the fall of Kabul, the Taliban held a press conference promising amnesty for former government officials, respect for women’s rights, and freedom of the press.1 Nearly two years later, it is clear that the Taliban has upheld none of these promises, instead conducting a violent campaign of repression. Since the takeover, the Taliban has targeted former government and security officials, carried out collective punishments in areas where anti-Taliban groups have emerged, and imposed ultraconservative societal restrictions – especially on women and journalists – aimed at maintaining control. ACLED records over 1,000 incidents of violence targeting civilians by the Taliban between the fall of Kabul on 15 August 2021 and 30 June 2023, accounting for 62% of all attacks on civilians in the country. This places the Taliban regime in Afghanistan2 among the world’s top government or de facto state perpetrators of violence targeting civilians domestically since August 2021, behind only the military junta in Myanmar. As Taliban rule reaches the two-year mark, this report examines patterns of violence targeting civilians under the regime, with particular attention to the top four most targeted groups: former government and security officials, prisoners, women, and journalists. Taken together, the Taliban’s retaliatory attacks, use of collective punishment, and broad crackdown on women and the press reveal the scale and severity of repression ongoing in Afghanistan. In particular, this report analyzes the continued targeting of former government and security officials, as well as violence against civilians in the country’s northeast, where armed anti-Taliban groups have been active. Both former officials and resistance forces are subject to violence when detained by the Taliban, accounting for a large number of incidents of prisoner abuse recorded by ACLED. Moreover, this report highlights persistent violence against women who oppose a return to the “gender apartheid” of past Taliban rule.3 Women have responded to increased restrictions on their daily lives by holding protests against Taliban policies, with demonstrations featuring women4 nearly doubling in 2022 compared to 2021. Finally, the report concludes with an accounting of attacks on journalists, who remain among the most targeted groups in the Taliban’s Afghanistan – creating further challenges for documenting violence in the country under the new regime.
- Topic:
- Human Rights, Taliban, Women, Violence, Journalism, Civilians, and Collective Punishment
- Political Geography:
- Afghanistan and South Asia
16. The Return of the Foreign Fighters and Their Families to Their Homeland: Existing Practices and Considerations Regarding Security and Human Rights
- Author:
- Katerina Christoforaki
- Publication Date:
- 08-2023
- Content Type:
- Special Report
- Institution:
- The Centre for Security Studies
- Abstract:
- The creation of Islamic State of Iraq and Syria (ISIS) has attracted an unprecedented flow of thousands of people from more than 100 countries all over the world to join their cause. After the fall of the so-called caliphate, the countries involved have to deal with the aftermath of the conflict and the future threat of the resurgence of ISIS or other terrorist groups. The people who volunteered and joined ISIS might pose a security threat in the future. This paper aims to examine the different approaches that countries have taken regarding the return of foreign fighters (FFs) and their families who joined ISIS to their homeland. This is a multidimensional and complex matter since it has legal, moral, and political implications, and therefore the decisions in this regard are never unanimous, nor do they come without criticism and opposition. On the one hand, it would be easier to just leave the FFs and their families there, prosecute them there and incarcerate them there. It would also be easier to collect evidence and to have testimonies of the witnesses and the survivors, and also it would keep the potential security threat away from their homeland. However, this would only be beneficial for the countries of origin and in the short term as it wouldn‘t solve the problem of radicalization. In fact, it might fuel it even more, and the proximity of the ISIS member in prisons or in camps could benefit them to rebuild their network and plan future attacks. Moreover, leaving them there would be against all human rights norms regarding the death penalty, fair trial, torture, rights of the child, and more. On the other hand, the return of the fighters and their families could indeed pose a danger to the security of the homeland. Not all of the returnees have committed punishable crimes and for those who have, very often there is not enough admissible evidence to the national courts. In fact, in the case of women and children, the countries are more reluctant to their return because they might have not taken part in the atrocities but that does not mean that they are innocent and bear no responsibility. Complicated is also the case of children and teenagers, some of whom have taken part in the atrocities willingly or unwillingly, some were brought by their families, some traveled alone in order to join ISIS, and some were born under ISIS control and risk statelessness.
- Topic:
- Security, Human Rights, Counter-terrorism, Islamic State, Foreign Fighters, and Repatriation
- Political Geography:
- Iraq, United Kingdom, Europe, France, Germany, Syria, United States of America, and Bosnia and Herzegovina
17. Derecho humano a la seguridad:Prevención del Extremismo Violentocon Vasili Grossman
- Author:
- Verónica Yazmín García Morales Morales
- Publication Date:
- 06-2023
- Content Type:
- Journal Article
- Journal:
- Journal on International Security Studies (RESI)
- Institution:
- International Security Studies Group (GESI) at the University of Granada
- Abstract:
- El presente estudio aborda el derecho humano a la seguridad desde el enfoque de la Prevención del Extremismo Violento. La Prevención del Extremismo Violento (PEV) es una estrategia en el marco de Naciones Unidas enfocada a fortalecer el respeto de los derechos humanos. La PEV aborda el extremismo violento que conduce al terrorismo desde el enfoque de la prevención y de los derechos humanos. Lo más relevante de esta perspectiva es su innovación para garantizar la seguridad como derecho humano. Es más, la PEVsurge como respuesta a las políticas de seguridad antiterroristas que se consideran insuficientes para erradicar este fenómeno. Las medidas de acción de la PEV, por tanto, van más allá de lo que en sentido estricto se conoce como política securitaria. La educación y la cultura tiene así una función importante en la PEV, como también ponen de relieve las políticas de la UNESCO. El análisis que se desarrolla expone una propuesta de espacio dialógico que aplica la medida de educación, cultura y sensibilización a través de la literatura. Se reflexiona así, a partir del diálogo con Vida y destino de Vasili Grossman, sobre el extremismo violento y los derechos humanos.
- Topic:
- Security, Human Rights, United Nations, Literature, and Countering Violent Extremism
- Political Geography:
- Global Focus
18. THE ROLE OF REGIONAL HUMAN RIGHTS INSTITUTIONS IN TIMES OF ARMED CONFLICTS IN AFRICA
- Author:
- Ufuoma Veronica Awhefeada
- Publication Date:
- 03-2023
- Content Type:
- Journal Article
- Journal:
- Journal of Liberty and International Affairs
- Institution:
- Institute for Research and European Studies (IRES)
- Abstract:
- Armed conflict is a perennial problem that has plagued Africa for decades, resulting in flagrant human rights abuse. The central problem this paper seeks to address is identifying the laws establishing institutions and agencies for protecting human rights in Africa and examining how well-adapted these institutions are to protect human rights in times of armed conflict in Africa. This research employs the doctrinal research method, which entails an examination of the relevant primary sources of the law as laid down in the statutes and treaties and interpreted by the courts as well as secondary source materials, including journal articles, reports, and other relevant sources materials. It is contended that though human rights institutions were not established with the goal of interventions in times of armed conflict to protect human rights, they can be adapted to meet this challenge to stem the tide of gross human rights violations during armed conflicts. The paper concludes by recommending the expansion in the practice of the mandate of these human rights institutions to accommodate mechanisms for the protection of human rights in times of armed conflicts.
- Topic:
- Human Rights, International Humanitarian Law (IHL), and Armed Conflict
- Political Geography:
- Africa
19. Pursuing justice for international crimes in Ukraine: A patchwork of multi-level and long-running efforts
- Author:
- Katja Creutz
- Publication Date:
- 06-2023
- Content Type:
- Policy Brief
- Institution:
- Finnish Institute of International Affairs
- Abstract:
- The Russian aggression against Ukraine has triggered debates and initiatives on how to address crimes under international law committed in and against Ukraine, including war crimes and the crime of aggression. A single institution capable of dealing with all international crimes is nonetheless lacking. Tens of thousands of alleged war crimes have been reported and documented, part of which the Ukrainian courts themselves are handling. The massive caseload requires international assistance, in addition to which the ICC is also investigating alleged war crimes. The international community is divided in regard to the investigation and prosecution of the crime of aggression. As the ICC lacks jurisdiction with respect to this crime in this particular situation, European states are advancing a special ad hoc tribunal. Nonetheless, the majority of countries globally, particularly in the Global South, find it hard to support the initiative. The discussion on the best way to proceed with regard to addressing the crime of aggression committed by Russia is ongoing. Many problematic issues are being debated, ranging from political desirability to the issue of head of state immunities.
- Topic:
- Human Rights, International Law, United Nations, War Crimes, and Russia-Ukraine War
- Political Geography:
- Russia, Ukraine, and Eastern Europe
20. The EU’s Magnitsky Act Obsolete in the Face of Russia’s Crimes in Ukraine?
- Author:
- Steven Blockmans
- Publication Date:
- 05-2023
- Content Type:
- Policy Brief
- Institution:
- International Centre for Defence and Security - ICDS
- Abstract:
- Despite the mounting evidence of the most serious of human rights violations being conducted by Russian forces on Ukrainian soil, the EU has chosen not to use its new Magnitsky Act to blacklist the perpetrators and their commanders. Instead, the EU has preferred to respond to Russia’s ‘dumb’ bombs with increasingly ‘dumb’ sanctions. This Brief explains why, after decades of work to smarten up its restrictive measures, the politicisation of human rights sanctions and the high threshold of evidentiary standards make it very hard for the Council to rely on evidence gathered from transition countries where the justice sector is still vulnerable to widespread corruption and political cronyism.
- Topic:
- Human Rights, International Law, European Union, and Russia-Ukraine War
- Political Geography:
- Russia, Europe, and Ukraine