I often encounter reproaches from Polish colleagues that no one in the UPA was punished for crimes against civilians. This is a topic for broader discussion, however, Volodymyr Birchak, Director of Academic Programs at the Center for the Study of the Liberation Movement, writes.
At the same time, genocide (according to the UN Convention on the Prevention and Punishment of the Crime of Genocide) is defined as deliberate actions committed with special intent (dolus specialis in Latin) to completely or partially destroy a national, ethnic, racial, or religious group as such.
The UPA did not have such conscious intent. Moreover, unauthorized actions were severely punished. In October 1943, the instructions from the Regional Leadership of the OUN stated:
“Categorically cease all anti-Polish actions and operations that deviate from the Organization’s political line and do not eliminate, but rather strengthen, a secondary front of struggle against us. Initiating and carrying out prohibited acts will be treated as sabotage and undermining of the OUN’s policy, and the perpetrators will be punished according to the laws of the highest revolutionary order.”
Therefore, I present to you a rather interesting document regarding the execution of UPA commander Mykola Oliynyk — “Orel”.
PROTOCOL OF OREL’S ACTIVITIES AND THE EXECUTION OF HIS DEATH SENTENCE
At the end of February 1944, I sent Orel with a unit of 60 men to the Kamianets region for training and then to carry out certain tasks of a generally defined nature, which, however, had nothing to do with any actions against Germans or Poles. First and foremost, Orel and his unit were to operate in such a way as to avoid even self-defense battles. Orel was to report on his work to his superiors every two weeks.
Orel set off for the designated location. However, even on the way there, he caused serious trouble by liquidating the Polish hamlet of Khalupky without any authorization or order. For the liquidation of Khalupky, Orel was supposed to stand trial, but unforeseen circumstances forced this matter to be postponed. So, Orel proceeded to his destination.
Hearing, however, that he was temporarily free from his superior’s control, he began to do as he pleased. His activities contradicted our political line and thoroughly compromised us, both as an Organization and as a nation.
In his area, he mobilized the entire local police and other people, expanding his unit to a full combat company. He even took steps to organize an entire kurin (battalion). He began calling himself a sotnyk (company commander).
Orel began his activities with anti-Polish actions, making himself notorious throughout the Kamianets region. As a result, new people from all sides began flocking to his unit. Rumors of this reached Kreishauptmann Nehring, who sent a letter to the “people from the forest” with the aim of establishing relations between the Germans and the UPA — essentially, to impose a non-aggression pact, or even cooperation with the Wehrmacht regarding the elimination of the “active Polish element.” In response to this letter, Orel personally went to Kamianka Strumylova to meet with Kreishauptmann Nehring. The first time, he went alone, in civilian clothes; the second time, he arrived in uniform, with an escort on horseback. In Kamianka, he held a series of meetings with Nehring and Wehrmacht representatives. They agreed on the following:
Orel had the right to burn Polish villages, even with German assistance, but Nehring reserved half of the loot for himself. Orel was to defend a designated section of the front against the Bolsheviks. On this section, he was to dig trenches and defensive fortifications. His unit was to remain in the area designated by Nehring. Orel was to report all events to Nehring. He was to conduct propaganda for the cooperation of other UPA units with the Wehrmacht.
Initially, Nehring provided Orel’s company with 40 rifles and 14,000 rounds of ammunition. The Germans pretended to be great friends of the UPA and even addressed Orel as a colonel. At the same time, they tried to find out the true strength of Orel’s unit (they imagined he had up to 6,000 troops) in order to later liquidate it. This was confirmed by captured Germans in the area. These negotiations were conducted openly, and they were widely discussed among the local population.
To formalize the agreement and strengthen cooperation, Orel ordered the local population to build a large mound at his unit’s location, which was to be solemnly dedicated on the first day of Easter. However, this ceremony never took place. In the meantime, Orel, on his own initiative, issued a leaflet to the Poles, ordering the Polish population to leave the area where his unit operated, threatening disobedient individuals with the death penalty. Given these actions, which were inconsistent with the Organization’s orders, I was sent to Orel to conduct a thorough review of all his activities.
In his defense, Orel stated that by establishing good relations with the German Wehrmacht, he intended to obtain weapons and a free hand in conducting anti-Polish actions. It was clear that such a policy had to be stopped. I ordered Orel to gather his entire company in the forest for inspection and reporting. It should be noted that almost all the soldiers, especially the platoon and squad leaders, openly opposed Orel’s policy and had already intended to arrest him and send him to the leadership. Therefore, they saw no other solution but the one that followed.
On April 15, 1944, the company was assembled for the report. I stepped forward and declared that for:
Failure to carry out the specific orders of his superior;
Insubordination to the OUN and the Leadership;
Anharchistic behavior toward the Organization and his superior;
Exposing people and the territory;
Distorting the unblemished path of the OUN’s struggle and the entire Ukrainian people’s fight for the Independent and United State of Ukraine (USSD), sanctified by the blood of thousands of national heroes — Orel was sentenced to death!
The sentence was carried out immediately with three revolver shots. The lined-up company calmly accepted it.
All traitors and disobedient will be punished!
June 22, 1944
Source: Archive of the Center for the Study of the Liberation Movement (Lviv), Fund 10. Copy. Published in: Litopys UPA. New Series. Vol. 12: Military District of the UPA “Bug”. Documents and Materials. 1943–1952. Book 1 / Compiled by V. Moroz, O. Vovk; Ed. P. Sokhan, P. Potichny. – Kyiv; Toronto: Litopys UPA, 2009. – 790 p.
