The NOC of Ukraine has sent a letter to fellow NOCs and Olympic IFs calling for Russian and Belarusian athletes to remain banned from international competition ©NOC of Ukraine

The National Olympic Committee (NOC) of Ukraine has sent a letter to all NOCs and Olympic International Federations calling for the continued suspension of Russian and Belarusian athletes from international sports competitions.

The letter also claims that the IOC’s exploration of a pathway for the return of athletes from the two countries goes against a legal analysis which concludes that ensuring the safety of all participants should take precedence over the rights of Russian and Belarusian athletes to compete.

Following the start of the invasion of Ukraine by Russia and Belarus in February 2022, the International Olympic Committee (IOC) issued a recommendation that athletes from the two countries should be suspended from international competitions until further notice.

The IOC appears to be softening in its stance, having said it would explore a pathway for the return of Russian and Belarusian athletes.

Both the Olympic Council of Asia and Association of National Olympic Committees of Africa Athletes Forums have backed proposals for Russians and Belarusians to return to international competitions as neutrals.

The International Fencing Federation last week voted to allow Russian and Belarusian fencers and officials to return to its events from the middle of next month.

In the letter, the NOC of Ukraine presented a legal analysis based on the judicial practice of the Court of Arbitration for Sport (CAS) and the European Court of Human Rights (ECtHR).

The NOC of Ukraine says the suspension of Russian and Belarusian athletes should continue, with the IOC now exploring a pathway for their return ©Getty Images
The NOC of Ukraine says the suspension of Russian and Belarusian athletes should continue, with the IOC now exploring a pathway for their return ©Getty Images

"The interests of the organisers of sports competitions in their smooth conduct and the general goal of ensuring the safety of all participants is a legal non-discriminatory measure that takes precedence over the right of Russian and Belarusian athletes to participate in such competitions," the NOC of Ukraine wrote.

Last month the UN Special Rapporteurs issued a statement supporting the IOC’s decision to consider allowing Russian and Belarusian athletes to compete as neutrals, saying that "we urge the IOC to adopt a decision in that direction and to go further, ensuring the non-discrimination of any athlete on the basis of their nationality."

"The report of the United Nations (UN) Special Rapporteurs, which served as the basis for revising the position of the IOC, did not take into account at least the relevant judicial practice of the CAS and the ECtHR, ignored the non-absolute nature of the rights involved and the circumstances resulting from Russian aggression against Ukraine," the NOC of Ukraine added.

"Therefore, it is unacceptable that the fragmented and unsubstantiated conclusions of the UN Special Rapporteurs serve as the basis for any further decision of the IOC."

The NOC of Ukraine added in the letter that IOC Executive Committee should take “personal responsibility” if they decided to allow Russian and Belarusian athletes to return to international sport.

"In the event that the IOC Executive Committee decides to allow the participation of Russian and Belarusian athletes in international competitions, all members of the IOC Executive Committee must take personal responsibility for all consequences of such a decision, including responsibility for the safety of all participating athletes and the public and the restoration of global peace," the NOC of Ukraine said.