Russian authorities have committed a wide range of violations of international human rights law and international humanitarian law in various regions of Ukraine and in Russia, many of which amount to war crimes, the Independent International Commission of Inquiry on Ukraine said in a new report Thursday. The war crimes include attacks on civilians and energy-related infrastructure, willful killings, torture and inhuman treatment, unlawful confinement, rape and unlawful transfers and deportations of children from Ukraine to the Russian Federation.
In its first comprehensive report on the situation in Ukraine since Russia invaded that country on February 24, 2022, the three-member International Commission of Inquiry on Ukraine has concluded that "the Russian authorities have committed numerous violations of international humanitarian law and international human rights law, in addition to a wide range of war crimes." Some of the serious violations of the law may amount to crimes against humanity.
The Commission’s evidence shows that in areas that came under their control, Russian authorities have committed willful killings of civilians or persons not involved in fighting (hors de combat), which are war crimes and violations of the right to life.
Russian armed forces have carried out attacks with explosive weapons in populated areas with an apparent disregard for civilian harm and suffering, failing to take the required precautions. The attacks were indiscriminate and disproportionate, in violation of international humanitarian law. The use of explosive weapons in populated areas has been one of the main causes of civilian casualties. The Commission was struck by the extent of the destruction it has observed during its visits.
According to the UN Office of the High Commissioner for Human Rights (OHCHR), such attacks have caused 90.3% of civilian casualties in the conflict. Since Russian forces attacked Ukraine on February 24, 2022, OHCHR has recorded 21,965 civilian casualties, including 8,231 killed and 13,734 injured — among them many women and children. The UN Human Rights Office believes that the actual figures are considerably higher.
The waves of attacks by Russian armed forces on Ukraine’s energy-related infrastructure from 10 October 2022, may amount to crimes against humanity, according to the Commission, which said that this should be investigated further. The disruption of energy-related infrastructure led to entire regions and millions of people being left for periods without electricity or heating, particularly during freezing temperatures.
The investigators established a pattern of widespread unlawful confinement in areas controlled by Russian armed forces, targeting broad categories of men, women and children. Confinement in dedicated facilities across Ukraine and in the Russian Federation was accompanied by consistent methods of torture against certain categories of persons by Russian authorities. This pattern of torture may amount to crimes against humanity, according to the Commission, and should be investigated further.
The investigators found numerous instances of rape and sexual and gender-based violence (SGBV) committed by Russian authorities as they undertook house-to-house visits in localities that came under their control and during unlawful confinement. Sexual violence amounting to torture and the threat of such against women and men have been important aspects of the torture exercised by Russian authorities.
While looking into transfers of children from Ukraine to the Russian Federation, the Commission found, with concern, that violations of human rights and international humanitarian law have been committed. Situations concerning the transfer and deportation of children which it has examined amount to war crimes.
Witnesses told the Commission that many of the younger children transferred were not able to establish contact with their families and might lose contact with them indefinitely. Delay in the repatriation of civilians may also amount to a war crime. The Ukrainian government reports that 16,221 children have been deported to Russia. The commission said it has not been able to verify these figures.
The investigators also documented a limited number of violations committed by Ukrainian armed forces, including likely indiscriminate attacks and two incidents qualifying as war crimes, where Russian prisoners of war were shot, wounded and tortured.
For the report, the Commission visited 56 localities and interviewed 348 women and 247 men. Its investigators inspected sites of destruction, graves, places of detention and torture, as well as weapon remnants, and consulted a large number of documents and reports.
The Commission has drawn up a list of individuals identified as being responsible for war crimes. That list will not be made public and will be turned over to the U.N Human Rights Office for future prosecution. The commission is calling for all violations and crimes to be investigated and for those responsible to be held accountable either at the national or the international level. Its report will be submitted to the U.N. Human Rights Council next week.
The United Nations Human Rights Council created the Independent International Commission of Inquiry on Ukraine to investigate violations and abuses of human rights, violations of international humanitarian law, and related crimes that may have been committed in the context of the aggression by the Russian Federation against Ukraine.
The Commission is required to present its findings and recommendations, including on accountability of those responsible for the violations, to the UN Human Rights Council in March 2023. The Commission comprises Erik Møse (Chair), Jasminka Džumhur and Pablo de Greiff.
The humanitarian situation in Ukraine deteriorated rapidly in 2022, after the Russian Federation’s invasion escalated eight years of conflict in the east into a full-scale war. The devastation and destruction have been staggering, with some 40 per cent of Ukraine’s population now in need of humanitarian assistance and protection. At least 17.6 million people in Ukraine require humanitarian aid this year. Among them are 3.2 million children.
The war has also forced many to flee Ukraine, resulting in a humanitarian crisis of a scale not witnessed in Europe for decades. The war in Ukraine has led to one of the two major displacement crises in the world - the other being the Syrian civil war - with more than 13.5 million people fleeing their homes. More than 8.1 million refugees have sought refuge in foreign countries. At least 5.4 million people are displaced within Ukraine.
Russia’s invasion of Ukraine has created one of the largest humanitarian disasters globally. Violations of international humanitarian law and international human rights law occurring in the course of the ongoing armed attack are widespread. Millions of civilians fear for their lives. People in Ukraine continue to be killed, wounded and deeply traumatized by the violence.
Further information
Full text: Report of the Independent International Commission of Inquiry on Ukraine, (A/HRC/52/62), Fifty-second session of the Human Rights Council, Office of the High Commissioner for Human Rights, released March 16, 2023
https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/coiukraine/A_HRC_52_62_AUV_EN.pdf