Removed sections of War crimes in the 2022 Russian invasion of Ukraine
Mistreatment of marauders and pro-Russian supporters
According to the UN Human Rights Monitoring Mission in Ukraine (HRMMU), there were credible reports of mistreatment of people perceived to support Russian forces in territory controlled by the Ukrainian government.[1] Reports and video footage documented at least 45 cases of abuse and torture by both civilians and members of the territorial defense. The majorities of these cases involved "perpetrators allegedly duct-taped individuals to electricity poles or trees, partially or fully stripped them, beat them, including with sticks and rods, and sprayed them with paint or marked their bodies with the word 'marauder' ... Some of this conduct may also amount to conflict related sexual violence." An eyewitness told France 24 the perpetrators were "all kinds of people: security guards, territorial defence forces, bystanders, concerned citizens."[2] France 24 reported that while such actions "have happened spontaneously, without any official orders from authorities..... some public officials have come out in support of the practice" and that Ukrainian human rights groups had condemned the arrests as a human rights violation.[3]
A pro-Russian politician who had previously served as the mayor of Kreminna, Volodymyr Struk, was kidnapped in March and subsequently murdered by gunmen.[4] Struk's death is suspected to have been a reaction to his support for Russian forces.[5][6]
Irregular migrants in detention centres
In April a joint investigation between Dutch non-profit Lighthouse Reports, Al Jazeera and Der Spiegel found that dozens of irregular migrants, including Afghani, Pakistani, Indian, Sudanese and Bangladeshi citizens, were detained in the EU-funded Volyn detention centre (also referred to as the Zhuravychi Migrant Accommodation Centre), near the Ukrainian city of Lutsk, close to the combat zone.[7][8][9] According to human rights activists, migrants in immigration detention should have been released and allowed to seek refuge and safety like other civilians, as international humanitarian law requires all sides in a conflict to take necessary precautions to shield all civilians under their control from the dangers of the conflict (Additional Protocol 1, Article 58C, of the Geneva Conventions).[10][8]
Human Rights Watch (HRW) also published their own report on 4 April, which called on authorities to immediately release the Volyn detention centre detainees as "their continued detention at the centre is arbitrary and places them at risk of harm from the hostilities."[11] In mid-April HRW also documented that irregular migrants were being detained close to frontline hostilities in a Temporary holding centre in Mykolaiv Oblast.[12] Interviews with migrants detained in both centres reported that guards had told them they could have left the facilities and would have been awarded Ukrainian citizenship if they had joined the Ukrainian war effort.[12] Videos analysed and verified by Human Rights Watch corroborated the migrants' accounts that the Ukrainian military had been actively using the Zhuravychi centre.[11] On 30 March the Chernihiv detention centre, which had already been evacuated, was hit by drone fired munitions.[12]
Ukrainian prisoners of war
The United Nations Human Rights Monitoring Mission in Ukraine expressed worries about the treatment of Ukrainian prisoners of war held by forces of Russia and the Donetsk and Luhansk Republics.[13] On 4 April 2022, Ukrainian Ombudsman for human rights Lyudmyla Denisova said that Ukrainian prisoners of war had launched complaints about their mistreatment by Russian authorities, accusing their captors of inhumane living conditions, asserting that they had been repeatedly intimidated and threatened by their captors. Denisova stated that the prisoners "were periodically taken out one at a time: they [Russian authorities] beat them to make examples of them, fired near their ears and intimidated them."[14]
Humiliation of captured Ukrainian soldiers
Videos showing Ukrainian war prisoners being forced to sing pro-Russian songs or carrying bruises have attracted concerns about their treatment.[15] Dmytro Lubinets , head of the Ukrainian parliament's human rights committee, claimed that Russians forcibly shaved heads of female Ukrainian prisoners.[16]
Captured Ukrainian soldiers with British citizenship were recorded calling for Boris Johnson to arrange for them to be freed in exchange for pro-Kremlin Ukrainian politician Viktor Medvedchuck. The videos were broadcast separately on Rossiya 24 TV channel, causing MP Robert Jenrick to call the videos a "flagrant breach" of the Third Geneva Convention. A Russian spokeswoman claimed that the Ukrainian prisoners of war with British nationality were being treated humanely, referenced a call by Boris Johnson for British prisoners to be shown mercy and said that in turn the UK should "show mercy" to the Ukrainian citizens by stopping military aid to the Ukrainian government.[17]
Another video circulated showing an interview by pro-Kremlin UK journalist Graham Phillips (former reporter of RT and Zvezda) of Ukrainian war prisoner of British nationality Aiden Aslin. Aslin had served in the Ukrainian army for four years and had been captured by the Russian army in Mariupol. In the video he appears in handcuffs with a cut on his forehead, he is repeatedly called a "mercenary" rather than an official combatant, and is told that his crime is punishable by death. The video was aired on Russian television.[18]
Russian prisoners of war
Humiliation of captured Russian soldiers
Since 27 February, the Ukrainian Ministry of Internal Affairs has shared on social media photos and videos of killed Russian soldiers,[19] soon followed by dozens of videos of prisoners of war under interrogation, sometimes blindfolded or bound, revealing their names and personal information, and expressing regret over their involvement in the invasion.[20][21][22] The videos have raised concerns about potential violations of Article 13 Third Geneva Convention, which states that prisoners of war should be protected "against insults and public curiosity."[23][24] On 7 March, Amnesty International released a statement saying that "it is essential that all parties to the conflict fully respect the rights of prisoners of war," and saying that filmed prisoners of war and their families could be put at risk of reprisals following repatriation to Russia.[25]
On 16 March, Human Rights Watch described the videos as intentional humiliation and shaming, and urged the Ukrainian authorities to stop posting them on social media and messaging apps.[20] Analogous concerns were expressed by various Western newspapers[26][27][28][29] A spokeswoman for the UN High Commissioner for Human Rights, Elizabeth Throssell, said that the videos, if genuine, were likely to be incompatible with human dignity and current international humanitarian law.[30] Interviewed by Der Spiegel, international law expert Daniel-Erasmus Khan said that "letting POWs call home is actually a good thing, filming it and putting it online however is not," as it was incompatible with the Geneva Convention on the treatment of prisoners of war.[31]
Donetsk People's Republic
Missile attack and shelling in Donetsk
On 14 March a Tochka-U missile attack hit the center of Donetsk, Ukraine, at the time under de facto administration of the Donetsk People's Republic (DPR). The Russian Investigative Committee reported that the attack killed 23 civilians, including children, and injured at least 18 people.[32][33] Ukraine claimed that the rocket had been fired by the Russians, while Russia and the DPR claimed that the attack was carried out by Ukrainian forces. As of 14 March, neither the Russian nor the Ukrainian claims could be independently verified.[34][35]
On 25 March, the UN Human Rights Monitoring Mission in Ukraine declared that they were looking into allegations of indiscriminate shelling by the Ukrainian armed forces in Donetsk and in other territory controlled by the self-proclaimed republics of Donetsk and Luhansk.[36]
Maisky Market attack
On 13 June 2022, an artillery attack reportedly hit a marketplace in Donetsk, capital of the self-proclaimed Donetsk People's Republic, killing five people.[37]
The attack happened at the Maisky Market in the central part of the city, starting a large fire.[38][39] The pro-Russian Donetsk News Agency claimed the munitions used were "155-mm-calibre NATO-standard artillery munitions."[40] Five civilians were killed, including a child,[40] and at least 22 were left injured.[41]
No quarter
On 2 March, after the shelling of residential areas, Ukraine's Special Operations Forces announced that Russian artillerymen will no longer be taken prisoner, but immediately killed.[42] Such a statement could be interpreted as a no quarter order, which is prohibited by customary international law.[43] The killing of surrendered enemies would also be in violation of international humanitarian law.[43]
Human shields
Using non-combatants to serve as human shields is prohibited by Humanitarian Law, in particular, Article 51(7) of Protocol I of the Geneva Convention.[44]
Ukrainian forces
Since the beginning of the invasion, Russia has repeatedly accused Ukraine of using human shields.[45][46]
On 25 February, Putin appealed directly to Ukrainian troops and urged them not to allow "neo-Nazis and Banderites to use your children, your wives and the elderly as a human shield".[47][45][48] On 7 March, the Russian permanent representative to the OSCE, Alexander Lukashevich, blamed the Ukrainian government for failing to take "effective steps to evacuate people" and "to bring its influence to bear on the nationalists, who continue to use the population as 'human shields'".[49][48] On 8 March the Russian Defence Ministry accused the Ukrainian “militants” of holding “more than 4.5 million civilians hostage as a human shield”.[50][45]
On 23 March, Russia tabled a draft resolution at the UN Security Council demanding from all parties "to refrain from deliberately placing military objects and equipment in the vicinity of such [civilian] objects or in the midst of densely populated areas, as well as not to use civilian objects for military purposes"; the draft was defeated by a vote of 2 in favour (China, Russian Federation) to none against, with 13 abstentions.[51][52][53]
Scholars Michael N. Schmitt, Neve Gordon, and Nicola Perugini have rejected these claims as attempts to shift blame for civilian deaths to Ukraine.[54]
While not suggesting that Ukraine is responsible for civilian casualties, human rights activists and international humanitarian law experts told the Washington Post that "Ukraine’s strategy of placing heavy military equipment and other fortifications in civilian zones could weaken Western and Ukrainian efforts to hold Russia legally culpable for possible war crimes".[55]
References
- ^ "Live: Ukrainian forces claim to retake ground in Kyiv suburb, Ukraine telecoms provider knocked offline". Stuff. 2022-03-28. Retrieved 2022-04-04.
Bogner also said beatings of people believed to be so-called marauders, bootleggers, pro-Russian supporters, and curfew violators appear to be widespread in territory controlled by the government of Ukraine since the beginning of the armed attack of the Russian Federation.
- ^ "Ukraine: People accused of looting tied to poles, stripped and beaten". The Observers - France 24. 2022-04-01. Retrieved 2022-05-31.
- ^ "The Observers - Rights groups 'strongly condemn' public humiliation of looters in Ukraine". The Observers - France 24. 2022-04-15. Retrieved 2022-05-31.
- ^ St, Miami; Staff, ard News (2022-03-03). "Pro-Russia mayor of city in eastern Ukraine who welcomed Putin's invasion is found shot dead in the street after being kidnapped from his home". Miami Standard. Retrieved 2022-05-31.
- ^ Mirovalev, Mansur. "What's behind pro-Russian attitudes in eastern Ukraine?". www.aljazeera.com. Retrieved 2022-05-31.
- ^ Liphshiz, Cnaan. "Ukraine adds local Jewish leader to list of pro-Russian 'traitors'". www.timesofisrael.com. Retrieved 2022-05-31.
Many of the people on the list have not been arrested or otherwise punished. Some are dead, including Volodymyr Struk, 57, a former mayor of the city of Kreminna, who last month was kidnapped and shot dead, possibly for allegations of collaboration.
- ^ Bathke, Benjamin (6 April 2022). "Migrants trapped in Ukrainian detention center while war rages on". infomigrants.net. Retrieved 22 May 2022.
- ^ a b "Immigration Detention amidst War: The Case of Ukraine's Volyn Detention Centre A Global Detention Project Special Report". globaldetentionproject.org. 29 April 2022.
- ^ Fallon, Katy. "Fear grows for migrants held in Ukraine's detention centre". www.aljazeera.com. Retrieved 2022-05-22.
- ^ Williams, Jessie (2022-04-12). "'Scared for our lives': grave concerns over safety of refugees detained by Ukraine". the Guardian. Retrieved 2022-05-22.
- ^ a b "Migrants, Asylum Seekers Locked Up in Ukraine". Human Rights Watch. 4 April 2022. Retrieved 2022-05-22.
- ^ a b c "Ukraine: Migrants Locked Up Near Front Lines". Human Rights Watch. 6 May 2022. Retrieved 2022-05-22.
- ^ Cite error: The named reference
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was invoked but never defined (see the help page). - ^ "Ukrainian POWs complain of mistreatment by Russia". Reuters. 2022-04-04. Retrieved 2022-04-04.
- ^ "Update on the human rights situation in Ukraine (Reporting period: 24 February – 26 March)" (PDF). United Nations Human Rights Monitoring Mission in Ukraine.
- ^ "Highlights: 410 civilian bodies recovered from Kyiv region, says Ukrainian official". Hindustan Times. 2022-04-03. Retrieved 2022-04-09.
- ^ "British men captured in Ukraine being looked after, says Russia". BBC News. 2022-04-21. Retrieved 2022-04-21.
- ^ Buck, Kate (April 20, 2022). "YouTube blogger 'in danger of committing war crime' over propaganda interview of British POW in Ukraine". Yahoo! News.
- ^ "The gory online campaign Ukraine hopes will sow anti-Putin dissent probably violates the Geneva Conventions". The Washington Post. 3 March 2022. ISSN 0190-8286. Retrieved 22 March 2022.
- ^ a b Cite error: The named reference
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was invoked but never defined (see the help page). - ^ Harding, Luke (4 March 2022). "Demoralised Russian soldiers tell of anger at being 'duped' into war". The Guardian. Archived from the original on 9 March 2022. Retrieved 7 March 2022.
- ^ Rousseau, Daphne (7 March 2022). "Ukraine parades Russian troops captured during invasion before cameras". The Times of Israel. Archived from the original on 9 March 2022. Retrieved 8 March 2022.
- ^ Kramer, Andrew E. (5 March 2022). "Russian Prisoners and Ukrainian Soldiers Describe Two Sides of the Conflict". The New York Times. Archived from the original on 9 March 2022. Retrieved 7 March 2022.
- ^ Blackburn, Tom (3 March 2022). "Prisoners of war: What the Geneva convention rules are on how they should be treated and their rights". Wales Online. Archived from the original on 8 March 2022. Retrieved 7 March 2022.
- ^ Cite error: The named reference
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was invoked but never defined (see the help page). - ^ Khurshudyan, Isabelle; Westfall, Sammy (9 March 2022). "Ukraine puts captured Russians on stage. It's a powerful propaganda tool, but is it a violation of POW rights?". The Washington Post. ISSN 0190-8286.
- ^ "Guerre en Ukraine : a-t-on le droit de diffuser des images de prisonniers russes ?". La Croix (in French). 8 March 2022. ISSN 0242-6056.
- ^ Mayeul, Aldebert (2022-03-15). "Ukraine : le témoignage de prisonniers russes est-il contraire au droit de la guerre ?". Le Figaro (in French).
- ^ Gensing, Patrick; Siggelkow, Pascal (4 March 2022). "Ukraine zeigt Gefangene: Verstoß gegen Genfer Abkommen?". Tagesschau (in German).
- ^ "Pourquoi les images de prisonniers de guerre russes peuvent constituer une violation du droit international". L'Obs (in French). 8 March 2022. Retrieved 26 March 2022.
- ^ Hipp, Dietmar (16 March 2022). "(S+) Ukraine-Krieg: Völkerrechtler Daniel-Erasmus Kahn über das Leid der Zivilisten". Der Spiegel (in German). ISSN 2195-1349. Retrieved 26 March 2022.
- ^ "Au moins 23 civils tués à Donetsk par une frappe ukrainienne, accuse Moscou". LEFIGARO (in French). 2022-03-14. Retrieved 2022-06-29.
- ^ "Обстрел Донецка: десятки жертв и раненых". euronews (in Russian). 2022-03-14. Retrieved 2022-06-29.
- ^ "Russia accuses Kyiv of deadly missile attack on Donetsk". the Guardian. 2022-03-14. Retrieved 2022-04-22.
- ^ Reuters (2022-03-15). "Russia accuses Ukraine of missile strike on Donetsk which Ukraine denies". Reuters. Retrieved 2022-06-29.
- ^ Cite error: The named reference
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was invoked but never defined (see the help page). - ^ Golder, Joseph (2022-06-14). "Pro-Russia separatists say Ukrainian forces shelled market in Donetsk, killing 5 people". Newsweek. Retrieved 2022-07-01.
- ^ "Five killed, 22 injured in Ukrainian artillery attacks in Donetsk, Russian-backed separatists say". ca.sports.yahoo.com. Retrieved 2022-06-15.
- ^ "Three killed in artillery attack on Donetsk market - separatist news agency". euronews. 2022-06-14. Retrieved 2022-06-15.
- ^ a b Cite error: The named reference
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was invoked but never defined (see the help page). - ^ Reuters (2022-06-14). "Five killed, 22 injured in Ukrainian artillery attacks in Donetsk, Russian-backed separatists say". Reuters. Retrieved 2022-06-15.
- ^ Roshchina, Olena (2 March 2022). "There will be no more captive Russian artillerymen - Ukrainian Special Operations Forces". Ukrayinska Pravda.
- ^ a b Bagheri, Saeed (7 March 2022). "Treatment of Persons Hors de Combat in the Russo-Ukrainian War". EJIL: Talk!.
- ^ Bouchie´ de Belle, Ste´phanie (December 2008). "Chained to cannons or wearing targets on their T-shirts: human shields in international humanitarian law". International Review of the Red Cross. No 872.
- ^ a b c "Why we need to challenge Russia's human shields narrative". Al Jazeera. 3 April 2022. Retrieved 29 April 2022.
- ^ "Nationalists use civilians as human shield in Kharkov region - Russian defense ministry". Tass. 6 May 2022. Retrieved 2022-05-06.
- ^ "'It's not rational': Putin's bizarre speech wrecks his once pragmatic image". The Guardian. 25 February 2022. Retrieved 2022-05-06.
- ^ a b Schmitt, Michael N. (11 April 2022). "Ukraine Symposium – Weaponizing Civilians: Human Shields in Ukraine". Lieber Institute. Retrieved 7 May 2022.
- ^ "Alexander Lukashevich on the gross and continuous violations of humanitarian law by Ukraine and the Western community's support for these". Permanent Mission of the Russian Federation to the OSCE. 7 March 2022. Retrieved 2022-05-07.
- ^ IANS (2022-03-08). "Russia says Ukraine holding more than 4.5 mn civilians as human shields". Business Standard India. Retrieved 2022-05-06.
- ^ Nichols, Michelle (2022-03-23). "Russian move on Ukraine aid fails at U.N. Security Council". Reuters. Retrieved 2022-05-07.
- ^ "Security Council Fails to Adopt Text Demanding Civilian Protection, Unhindered Humanitarian Access in Ukraine, as 13 Members Abstain" (Press release). United Nations. 23 March 2022. Retrieved 2022-05-06.
- ^ "Belarus, Democratic People's Republic of Korea, Russian Federation and Syrian Arab Republic: draft resolution". Act No. S/2022/231 of 24 March 2022. Retrieved 7 May 2022.
- ^ "UKRAINE SYMPOSIUM – WEAPONIZING CIVILIANS: HUMAN SHIELDS IN UKRAINE". Lieber Institute for Law & Land Warfare. 11 April 2022. Retrieved 29 April 2022.
- ^ Raghavan, Sudarsan (28 March 2022). "Russia has killed civilians in Ukraine. Kyiv's defense tactics add to the danger". The Washington Post. Retrieved 7 May 2022.