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On 12 March, the Russian draft of the United Nations Security Council resolution on Ukraine called for ensuring protection of civilian population and civil facilities and accused Ukraine forces of "attacks directed against civilians and civilian objects, including indiscriminate shelling as well as placing military objects and equipment in densely populated areas and near civilian objects and using such objects for military purposes, endangering lives of civilian population in violation of international humanitarian law."<ref>{{cite news |title=Russia's draft of UNSC resolution on Ukraine calls for protection of civilians |url=https://tass.com/politics/1422593?utm_source=en.wikipedia.org&utm_medium=referral&utm_campaign=en.wikipedia.org&utm_referrer=en.wikipedia.org |access-date=24 March 2022 |agency=TASS |date=16 March 2022}}</ref>
On 12 March, the Russian draft of the United Nations Security Council resolution on Ukraine called for ensuring protection of civilian population and civil facilities and accused Ukraine forces of "attacks directed against civilians and civilian objects, including indiscriminate shelling as well as placing military objects and equipment in densely populated areas and near civilian objects and using such objects for military purposes, endangering lives of civilian population in violation of international humanitarian law."<ref>{{cite news |title=Russia's draft of UNSC resolution on Ukraine calls for protection of civilians |url=https://tass.com/politics/1422593?utm_source=en.wikipedia.org&utm_medium=referral&utm_campaign=en.wikipedia.org&utm_referrer=en.wikipedia.org |access-date=24 March 2022 |agency=TASS |date=16 March 2022}}</ref>

On 24 March, Amnesty International accused Russia of having repeatedly violated international humanitarian law during the first month of the invasion by conducting indiscriminate attacks, including direct attacks on civilian targets. According to Amnesty International, verified reports and video footage demonstrate numerous strikes on hospitals and schools, and the use of inaccurate explosive weapons and banned weapons such as cluster bombs.<ref>{{Cite web |date=2022-03-24 |title=“Everything is on fire”: One month since the Russian invasion of Ukraine |url=https://www.amnesty.org/en/latest/news/2022/03/everything-is-on-fire-one-month-since-the-russian-invasion-of-ukraine/ |access-date=2022-03-27 |website=Amnesty International |language=en}}</ref>


===Use of cluster munitions===
===Use of cluster munitions===

Revision as of 23:38, 27 March 2022

Not to be confused with Ukraine v. Russian Federation (2022).

During the 2022 Russian invasion of Ukraine Russian authorities have been accused of committing war crimes, including using cluster munition and thermobaric weapons in residential areas, attacking humanitarian corridors, medical care facilities and other civilian targets, shooting at unarmed civilians and forcefully deporting them from occupied Ukrainian territory to Russia. In early March 2022, the International Criminal Court started a full investigation of war crimes and crimes against humanity committed in Ukraine from 21 November 2013 onwards.[1]

The Russian invasion also violated international law and the Charter of the United Nations, and may constitute a crime of aggression in international criminal law. This is a distinct subject addressed in Legality of the 2022 Russian invasion of Ukraine.

Ukrainian civilian killed during the Russian bombing of Chernihiv

Attacks on civilian areas

Shelling of Kharkiv regional administration
Shelled residential buildings in Kharkiv Oblast

On 25 February 2022, Amnesty International stated that Russian forces had "shown a blatant disregard for civilian lives by using ballistic missiles and other explosive weapons with wide area effects in densely populated areas". In addition, Russia has falsely claimed to have only used precision-guided weapons. Three documented attacks, in Vuhledar, Kharkiv and Uman, Amnesty International stated were indiscriminate and could constitute war crimes.[2] The Uman attack occurred at 07:00 (UTC) on 24 February, killing one civilian and damaging a restaurant. The Kharkiv attack, at 08:00, landed between apartment buildings and killed one civilian.[2]

On 1 and 2 March, the Russian artillery targeted a densely populated neighbourhood of Mariupol, shelling it for nearly 15 hours. The neighbourhood was significantly destroyed as a result, with deputy mayor Sergei Orlov reporting that "at least hundreds of people [were] dead."[3][4]

On 3 March, the Office of the United Nations High Commissioner for Human Rights released a statement saying that it had recorded at least 1006 civilian casualties in the first week of the invasion, but that it believed that "the real figures are considerably higher."[5]

On 6 March, the World Health Organization released a statement saying that it had evidence that multiple health care centres in Ukraine had been attacked, with Director-General Tedros Adhanom Ghebreyesus saying that "attacks on healthcare facilities or workers breach medical neutrality and are violations of international humanitarian law."[6]

On 12 March, the Russian draft of the United Nations Security Council resolution on Ukraine called for ensuring protection of civilian population and civil facilities and accused Ukraine forces of "attacks directed against civilians and civilian objects, including indiscriminate shelling as well as placing military objects and equipment in densely populated areas and near civilian objects and using such objects for military purposes, endangering lives of civilian population in violation of international humanitarian law."[7]

On 24 March, Amnesty International accused Russia of having repeatedly violated international humanitarian law during the first month of the invasion by conducting indiscriminate attacks, including direct attacks on civilian targets. According to Amnesty International, verified reports and video footage demonstrate numerous strikes on hospitals and schools, and the use of inaccurate explosive weapons and banned weapons such as cluster bombs.[8]

Use of cluster munitions

The Vuhledar attack, at 10:30 (UTC) on 24 February, was the result of a 9M79 Tochka missile, the missile landed next to a hospital and killed four civilians. Amnesty International describe its analysis as "irrefutable evidence of violations of international humanitarian law and international human rights law" by Russian forces.[2] Human Rights Watch (HRW) found that the Vuhledar hospital attack used an 9N123 cluster munition, a type of weapon that is prohibited by most states under the Convention on Cluster Munitions because of its immediate and long-term danger to civilians. The 9N123 contains fifty 9N24 individual submunitions, which each split into 316 bomblets. HRW based its analysis on contacts with hospital and municipal administrations and multiple photographic evidence. HRW called for Russian forces to stop making "unlawful attacks with weapons that indiscriminately kill and maim."[9] The press secretary of the Russian Federation Dmitry Peskov denied this information, saying that such types of ammunition are in service with the Armed Forces of Ukraine.[10]

On 27 February, Amnesty International stated that it had analysed evidence showing that Russian cluster munitions from a 220 mm BM-27 Uragan rocket had hit a preschool in Okhtyrka where civilians were taking shelter on 25 February, killing three, including a child. UAV film showed four hits on the roof of the preschool, three on the ground next to the school, two injured or dead civilians, and pools of blood. Amnesty International analysed 65 photos and videos of the event and interviewed local residents.[11] Bellingcat stated that remains of the 9M27K rocket were found 200 metres east of the kindergarten. Russian forces were located west of Okhtyrka. Amnesty described the rocket type as "unguided and notoriously inaccurate", and described the attack as a potential war crime that should be investigated.[11]

On 4 March, Human Rights Watch stated that "Russian forces fired cluster munitions into at least three residential areas in Kharkiv" on 28 February, killing at least three civilians.[12]

Targeting of humanitarian corridors

Photo distributed by the Ukrainian Ministry of Internal Affairs purportedly showing the victim of a Russian attack in Mariupol in March 2022

During the Siege of Mariupol, a number of attempts to establish a humanitarian evacuation corridor to evacuate civilians from the city have been made, but have failed due to the corridor being targeted by Russian forces. On 5 March, a five-hour ceasefire was declared, but evacuations were quickly halted after shelling continued during the declared time.[13] The next day, the International Committee of the Red Cross (ICRC) announced that a second attempt to establish an evacuation corridor had failed.[14] On 7 March, the ICRC announced that it had found that one of the routes listed for evacuations during a ceasefire had been mined.[15]

On 7 March, during the Siege of Mariupol, the U.S. ambassador to the Organization for Security and Co-operation in Europe, Michael Carpenter, described two incidents that occurred in Mariupol on 5 and 6 March as war crimes. He stated that on both dates, Russian forces bombed agreed-upon evacuation corridors while civilians were trying to use them.[16]

Thermobaric weapons

On 28 February, Oksana Markarova, the Ukrainian ambassador to the United States, stated that Russian forces used a thermobaric bomb in Okhtyrka.[17][18][19] International law does not prohibit the use of thermobaric munitions, fuel-air explosive devices, or vacuum bombs against military targets.[20][21] Their use against civilian populations may be banned by the United Nations (UN) Convention on Certain Conventional Weapons (CCW).[22] Markarova claimed that the use of thermobaric weapons is in violation of the Geneva Conventions.[23][24][25] White House Press Secretary Jen Psaki said she had seen reports but did not have confirmation that Russia had used such weapons. "If that were true, it would potentially be a war crime," she told a press briefing.[17] The attack destroyed a Ukrainian military base, killing 70 soldiers.[26]

Targeting of nuclear power plants

On 3 March 2022, Russian forces carried out artillery strikes on the Zaporizhzhia Nuclear Power Plant,[27] Europe's largest. Upon Russian arrival, the workers activated the control rods. The shelling hit various buildings, including the first power unit. A fire broke out due to the shelling which was quickly extinguished.[28][29][failed verification] That evening, the US Embassy in Ukraine described the Russian shelling of the Zaporizhzhia nuclear power plant in Ukraine as a war crime aiming to establish a "reign of terror".[30][clarification needed] On the same day, Ukrainian President Volodymyr Zelenskyy accused Russian President Vladimir Putin of committing "nuclear terror" by ordering the attack on the plant.[30] According to international law scholar Tom Dannenbaum, the attack almost certainly breached international law but probably did not constitute a war crime.[31]

Deportations

It has been alleged that Russian forces have forcefully deported thousands of residents during the Siege of Mariupol.[32] According to the Ukrainian Ministry of Foreign Affairs, Russian forces have illegally removed 2,389 Ukrainian children from the Donetsk and Luhansk oblasts.[33][34] Ukrainian official Lyudmyla Denisova has alleged that over 402,000 Ukrainians have been forcefully taken to Russia, including around 84,000 children.[35][36] Deportation of protected peoples such as civilians during war is prohibited by Article 49 of the Fourth Geneva Convention.

Detention of civilians and torture

It was reported by the non-profit organization Reporters Without Borders that a local journalist for a French radio station in Ukraine was captured by Russian forces heading back to his hometown. He was held for nine days, being subjected to electric shocks, beatings with an iron bar and a mock execution.[37] Torture is prohibited by both Article 32 of the Fourth Geneva Convention and Article 2 of the United Nations Convention against Torture.[38][39]

Reporters Without Borders reported that Russian forces have threatened, kidnapped, detained and tortured several Ukrainian journalists in the occupied territories.[40][41] A spokesperson for the UN High Commissioner on Human Rights told that they had verified at least 36 cases of civilian detentions targetting representatives of local communities, journalists and activists.[42] According to international humanitarian law, the internment of civilians in armed conflict is allowed only when they individually pose a security threat,[43][44] and all detained persons whose prisoners of war (PoW) status is in doubt must be treated as a PoW under the Geneva Convention until their status has been determined.[45]

Attacks on civilians

Attacks on hospitals and medical care facilities

On 25 March, the World Health Organization (WHO) reported that there have been 68 verified Russian attacks on medical care in Ukraine -- including attacks on healthcare facilities, patients, and healthcare workers -- since 24 February -- and WHO estimated more than 70 killed and 37 injured in these attacks.[46][47][48]

Mariupol Hospital airstrike

Main article: Mariupol hospital airstrike

On 9 March, Russian forces bombed a maternity and children's hospital in Mariupol.[49] The hospital was destroyed.[50] three people were killed, including a young girl and at least 16 were injured, authorities stating that many more patients and hospital staff were buried under rubble from the blast.[51] Ukrainian President Volodymyr Zelenskyy called the bombing of a maternity hospital a "genocide",[52] the Minister of Foreign Affairs Dmytro Kuleba called it a "petrifying war crime",[53] and the British prime minister Boris Johnson described it as "depraved".[54]

The picture of a pregnant woman lying on a stretcher, being carried through the bombed-out courtyard by first responders,[55] circulated around the world over the internet and in newspapers. The unnamed woman was moved to another hospital and on 13 March died after her child was stillborn; she had suffered numerous injuries in the bombing, including a crushed pelvis and detached hip, which contributed to the stillbirth of her child.[56][57]

Another pregnant woman photographed in the bombing, Marianna Vyshegirskaya, a popular blogger in Mariupol, gave birth to a daughter the following day.[58] Vishegirskaya became the target of a disinformation campaign that started trending on Russian Telegram and was repeated in a tweet from the Russian embassy in the UK.[59] The Russian embassy claimed that Vishegirskaya was an actress "wearing some good makeup" and that the aftermath of the attack had been staged.[60] That conspiracy theory was proved false and Twitter took down the embassy's post, but the fake news had already spread across the pro-Russia social media and blogs.[61][62]

Donetsk Oblast

Main article: Siege of Mariupol

On 24 February, the Russian Armed Forces, working together with pro-Russian rebels, besieged the port city of Mariupol, leading to heavy casualties as supplies were cut from the locals.[63]

Mariupol theatre airstrike

Main article: Mariupol theatre airstrike

On 16 March, Russian Armed Forces bombed the Donetsk Regional Drama Theatre in Mariupol, Ukraine, which was in use as an air raid shelter; Ukrainian authorities stated it was holding up to 1,200 civilians during the siege of Mariupol.[64] The theatre was largely destroyed in the attack, which Ukrainian authorities described as a war crime.[65] Casualty figures are currently not known; Ukrainian authorities stated that people were trapped under the burning rubble of the collapsed theatre following the attack, but ongoing shelling in the area has complicated recovery efforts.[65][66]

The theatre is one of a number of Ukrainian heritage and cultural sites that have been deliberately targeted and destroyed by invading Russian forces.[66] Satellite images of the theatre taken on 14 March show the word "children" spelled out in Russian in two locations outside the theatre in an attempt to identify it to invading forces as a civilian air raid shelter containing children and not a military target.[65] Mariupol city council officials stated that the theatre was the largest single air raid shelter in the city, and at the time of the attack it contained only women and children.[66]

In response to criticisms, Russia accused the Ukraine-backed Azov Battalion of carrying out the theatre bombing, without providing evidence.[65]

Mass shelling of residential areas in Mariupol

On 2 March, deputy mayor Sergiy Orlov reported that Russian artillery targeted a densely populated neighborhood of Mariupol, shelling it for nearly 15 hours. He said that one populated residential district on the city's left bank had been "nearly totally destroyed".[3]

The city was cut off from electricity, food, gas and water. A 6-year-old girl was reported to have died from dehydration under the ruins of her home in Mauripol on 8 March.[67]

Satellite photos of Mariupol taken the morning of 9 March by Maxar Technologies, a contractor for the US military, showed "extensive damage" to high-rise apartments, residential homes, grocery stores and other civilian infrastructure. This was determined by comparing before and after photos.[68] The Mariupol council made a statement that the damage to the city has been "enormous". It has estimated that approximately 80% to 90% of the city's infraestructure has been significantly damaged due to shelling, of which almost 30% were destroyed beyond repair.[69] Reporting from Mariupol, Reuters reporter Pavel Klimov said that "all around are the blackened shells" of tower block dwellings.[70]

On 16 March BBC News reported that nearly constant Russian attacks had turned residential neighbourhoods into "a wasteland."[71] On the same day it reported that it had obtained drone footage showing "a vast extent of damage, with fire and smoke billowing out of apartment blocks and blackened streets in ruins."[71] A city resident told the BBC that "in the left bank area, there's no residential building intact, it's all burned to the ground." The left bank contained a densely populated residential district.[3] She also said that the city centre is "unrecognisable."[71] On the same day the Institute for the Study of War (ISW) reported that Russian forces continued to commit war crimes in Mariupol including "targeting civilian infrastructure."[72]

On 18 March, Sky News from the UK described an aerial and a ground video as both showing "Apocalyptic destruction in Mariupol."[73] Sky News also reported that it had verified the locations of both videos to destroyed residential areas of Mariupol, also including some commercial properties.[74] On 19 March 2022 a Ukrainian police officer in Mariupol made a video in which he said "Children, elderly people are dying. The city is destroyed and it is wiped off the face of the earth." The video was authenticated by the Associated Press.[75]

As of 20 March local authorities have estimated that at least 2,300 people were killed during the siege.[76]

On 20 March 2022 it was announced by Ukrainian authorities that Russian troops had bombed Art School No. 12 in Mariupol where the Ukrainian authorities claimed about 400 people were taking shelter during the battles and bombings on the city.[77][78]

Missile attack on Donetsk

On 14 March, a OTR-21 Tochka missile hit the city of Donetsk, allegedly killing 23 local civilians. Russia and the DPR claimed that the missile was launched by the Armed Forces of Ukraine and accused Ukraine of committing war crimes; the Ukrainian government denied this accusation, claiming the missile was launched by the Russian Armed Forces as part of a false flag operation.[79]

Chernihiv Oblast

Chernihiv bombing

Main article: 2022 Chernihiv bombing

On 3 March, Russian forces killed 47 civilians in Chernihiv, most of whom were standing in line at a food store waiting for bread, when a Russian air strike with eight unguided aerial bombs hit them.[80] Amnesty International did not identify any military targets near the site of the attack.[81] This action is regarded as a war crime by Amnesty International.[82]

Residential areas in Chernihiv have been attacked by Russian aircraft on 5 March and by Russian artillery on 6 March and 11 March with no casualties reported.[83][84]

On 13 March, one civilian was killed as a result of a Russian airstrike at a residental area in Chernihiv.[85]

On 15 March, 5 civilians including 3 children were killed as a result of shelling of a residential building in Chernihiv by Russian forces.[86]

On 16 March, 53 people were killed in Chernihiv as a result of shelling by the Russian forces. Thirteen of them were killed while lining up for bread in front of a local bakery.[87][88][89][90]

On 19 March, Russian artillery targeted Remzavod district in Chernihiv.[91]

Sumy Oblast

On 20 March in Trostyanets Russian soldiers threw a grenade at civilians, killing two.[92]

Bombing of Sumy

In the evening and throughout the night on 7 March Russian forces executed an airstrike on Sumy's residential neighbourhood. About 22 people were killed, and 3 among them were children.[93][94] Under the procedural guidance of the Sumy District Prosecutor's Office, criminal proceedings have been instituted for violating the laws and customs of war.[95]

On 21 March 2022 during the Battle of Sumy, a Russian airstrike damaged one of the ammonia tanks at a Sumykhimprom fertilizer factory located in the suburbs of Sumy, contaminating land within a 2.5 km radius including the villages of Novoselytsya and Verkhnya Syrovatka.[96][97] The Russian Ministry of Defence claimed that Ukrainian “nationalists” had “mined” ammonia and chlorine storage “with the aim of mass poisoning of residents.[98]

Kharkiv Oblast

During the Battle of Kharkiv, the city was destroyed by Russian shelling, including a boarding school for blind people. Out of a population of 1.8 million, only 500,000 people remained in Kharkiv by 7 March.[99]

On 4 March 122 civilians, including five children, were killed in the Kharkiv region.[100]

On 8 March, Russian forces bombed a hospital in Izium, the hospital was totally destroyed.[101] This shelling has been regarded as a war crime by region authorities.[102]

Kyiv Oblast

Bucha shooting

On 4 March, Russian forces killed three unarmed Ukrainian civilians who had just delivered dog food to a dog shelter in Bucha, a city near Kyiv.[103]

Irpin shelling

Main article: Irpin refugee column shelling

On 6 March 2022, from 9:30 a.m. until 2 p.m. local time, the Russian Armed Forces repeatedly shelled an intersection in Irpin that hundreds of civilians were using to escape to Kyiv, whilst Ukrainian forces fired mortar rounds at Russian forces from a military position about 180 meters from the intersection.[104] Human Rights Watch stated that "Both sides in this conflict have an obligation to take all feasible steps to avoid civilian harm and to allow the civilian population to evacuate safely."[105] It was part of an assault on Irpin. Eight civilians were killed,[105][106][107] including a family of four that was killed by a mortar strike.[108][109]

Bombing of Kyiv

Residential building in Kyiv, Ukraine, after an attack. 26 February 2022.
Residential building in Kyiv, Ukraine, after an attack. 26 February 2022.

Among the targets of Russian airstrikes was Ukraine's capital Kyiv, a city of some 3 million people.[110] Kindergartens and orphanages were also shelled.[111] Russian forces were accused of a campaign of terror against Ukrainians, civilian infrastructure in the city such as residential areas were bombed by Russian forces, with hundreds being killed and others having to escape the city.[112]

Fire in the shopping centre

During the evening of 20 March 2022, Russian Armed Forces bombed Retroville, a shopping centre in the Ukrainian capital Kyiv, [113]Ukrainian emergency services received reports of a fire at the shopping centre at 22:48,[114]The centre was destroyed, as were nearby cars. Nearby buildings were badly damaged and at least eight people were killed,[113]The Russian Ministry of Defence said it launched the strike because areas near the shopping centre were used to store and reload rockets by the Armed Forces of Ukraine.[115]

Mykolaiv bombing

Main article: 13 March 2022 Mykolaiv cluster bombing

On 13 March 2022, the Russian Armed Forces perpetrated a cluster munition bombing of Mykolaiv. Nine civilians waiting in line on the street at a cash machine have been killed in the attack.[116] Russian forces used Smerch and Uragan cluster munition on the densely populated areas.[117]

Zhytomyr Attacks

Main article: 2022 Zhytomyr attacks
Malyn city, Zhytomyr Oblast, after 8 March Russian airstrike. Emergency servicemen carry a dead body found under rubble

On 27 February, it was reported that the Russian armed forces used 9K720 Iskander missile systems that were located in Belarus to attack the Zhytomyr International Airport.[118][119]

On 1 March, late in the evening Russian troops hit a residential sector of the city. About 10 residential buildings on the Shukhevych street and the city hospital were damaged. A few bombs were dropped on the city. As a result, at least two Ukrainian civilians were killed and three were injured.[120]

On 2 March, shells hit the regional perinatal center and some private houses.[121]

On 4 March, rockets hit the 25th Zhytomyr school destroying half of the school.[122] In the evening the "Ozerne and Zhytomyr Armored Plant" came under fire; two people were injured.[123]

On 8 March, in an air assault, a dormitory was hit and the Isovat factory was damaged.[124]

On 9 March, the outskirts of the city (Ozerne district) came under fire.[125]

Kremmina elderly home attack

Lyudmyla Denisova, Ukraine's human rights ombudswoman, alleged that on 11 March over 50 elderly persons in a care home had been intentionally fired upon by a tank in the town of Kremmina, calling the attack a "crime against humanity" by "racist occupation forces".[126] Serhiy Haidai, governor of Luhansk region, made the same claim. 56 victims had reportedly died, while 15 survivors were taken to Svatove in "occupied territory". The allegations have not been independently verified so far.[127]

Treatment of Russian prisoners of war

Since 27 February, the Ukrainian Ministry of Internal Affairs has shared on social media grisly photos and videos of killed Russian soldiers,[128] 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.[129][130][131] 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."[132][133] 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.[134] 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.[129]

Analogous concerns were expressed by Western newspapers and legal experts. The Washington Post wrote that Ukraine's POW news conferences had become "an unconventional and ethically – and potentially legally – questionable fixture" of the war, and suggested that Ukraine was exposing captured Russian soldiers "to counter the Kremlin's propaganda with its own."[135] 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. [136] Parading the Russian soldiers in front of the press urging them to repent may be a practice prohibited by the Geneva Conventions, according to La Croix.[137] Concerns about the violation fo the Third Geneva Convention were expressed also by Le Figaro[138] and by Tagesschau[139]. 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 is incompatible with the Geneva Convention on the treatment of prisoners of war.[140]

International Criminal Court

Main article: International Criminal Court investigation in Ukraine

On 25 April 2014, the International Criminal Court (ICC) started a preliminary examination of crimes against humanity that may have occurred in Ukraine in the 2014 Euromaidan protests and civil unrest, the 2014 annexation of Crimea by the Russian Federation, and the war in Donbas. On 11 December 2020, the ICC Prosecutor found that "there was a reasonable basis to believe that war crimes and crimes against humanity were committed", that the "alleged crimes identified would [as of December 2020] be admissible", and that there was "a reasonable basis for investigation, subject to judicial authorisation".[141][142]

On 25 February 2022, ICC Prosecutor Karim Ahmad Khan stated that the ICC could "exercise its jurisdiction and investigate any act of genocide, crime against humanity or war crime committed within Ukraine."[143] Khan stated on 28 February that he would launch a full ICC investigation and that he had requested his team to "explore all evidence preservation opportunities". He stated that it would be faster to officially open the investigation if an ICC member state referred the case for investigation. Lithuanian prime minister Ingrida Simonyte stated on the same day that Lithuania had requested that the ICC investigation be opened.[144]

On 2 March 39 states had already referred the situation in Ukraine to the ICC Prosecutor, who could then open an investigation into past and present allegations of war crimes, crimes against humanity or genocide committed in Ukraine by any person from 21 November 2013 onwards.[145][146] On 11 March two additional referrals were submitted to the ICC Prosecutor, and the Prosecutor declared that investigations would begin.[147] The Prosecutor's office set up an online method for people with evidence to initiate contact with investigators.[147]

Neither Ukraine nor Russia are parties to the Rome Statute, the legal basis of the ICC. The ICC has jurisdiction to investigate because Ukraine signed two declarations consenting to ICC jurisdiction over crimes committed in Ukraine from 21 November 2013 onwards.[148][149][150] Articles 28(a) and 28(b) of the Rome Statute define the relation between command responsibility and superior responsibility of the chain of command structures of the armed forces involved.[151]

List of countries that referred the situation in Ukraine to the ICC

The countries that referred the case of war crimes in Ukraine to the ICC includes the following:[152][153]

  1. Albania
  2. Australia
  3. Austria
  4. Belgium
  5. Bulgaria
  6. Canada
  7. Colombia
  8. Costa Rica
  9. Croatia
  10. Cyprus
  11. Czech Republic
  12. Denmark
  13. Estonia
  14. Finland
  15. France
  16. Georgia
  17. Germany
  18. Greece
  19. Hungary
  20. Iceland
  21. Ireland
  22. Italy
  23. Japan
  24. Latvia
  25. Liechtenstein
  26. Lithuania
  27. Luxembourg
  28. Malta
  29. North Macedonia
  30. Norway
  31. Netherlands
  32. New Zealand
  33. Poland
  34. Portugal
  35. Romania
  36. Slovakia
  37. Slovenia
  38. Spain
  39. Sweden
  40. Switzerland
  41. United Kingdom

International Court of Justice

Main article: Ukraine v. Russian Federation (2022)

On 27 February, Ukraine filed a petition with the International Court of Justice arguing that Russia violated the Genocide Convention using an unsubstantiated accusation of genocide in order to justify its aggression against Ukraine.[154][155]

On 1 March, the ICJ officially called on Russia to "act in such a way" that would make it possible for a decision on provisional measures to become effective.[156] Initial hearings in the case took place on 7 March 2022 at Peace Palace in The Hague, Netherlands—the seat of the court—to determine Ukraine's entitlement to provisional relief.[157] The Russian delegation did not appear for these proceedings,[158] but submitted a written statement.[159]

On 16 March 2022, the court ruled 13-2 that Russia must "immediately suspend the military operations" it commenced on 24 February 2022 in Ukraine,[160] with Vice-President Kirill Gevorgian of Russia and Judge Xue Hanqin of China dissenting.[161] The court also unanimously called for "[b]oth Parties [to] refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve.[160]

International Commission of Inquiry on Ukraine

Main article: International Commission of Inquiry on Ukraine

On 4 March 2022, the United Nations Human Rights Council voted 32 in favour versus 2 against and 13 absentions to create the International Commission of Inquiry on Ukraine, an independent international committee of three human rights experts with a mandate to investigate violations of human rights and of international humanitarian law in the context of the 2022 Russian invasion of Ukraine.[162][163]

Gyunduz Mamedov, a former deputy Prosecutor General of Ukraine, stated on 25 February 2022 that he was gathering evidence of war crimes.[164] The Ukrainian foreign minister Dmytro Kuleba stated on 25 February that Russia was committing war crimes, and that the ministry and the Prosecutor General of Ukraine were collecting evidence, including attacks on kindergartens and orphanages, which would be "immediately transfer[red]" to the ICC.[165] On 26 February, Ukrainian prime minister Denys Shmyhal said that Russia was committing war crimes.[166]

During a debate in the House of Commons on 24 February, UK Prime Minister Boris Johnson said that "anyone who sends a Russian into battle to kill innocent Ukrainians" could face charges, comparing Putin to Slobodan Milošević. Johnson also expressed support for the formation of an international tribunal to try the perpetrators of war crimes committed during the war. Chris Bryant, a MP for the opposition Labour Party, said that Putin "must be brought to a court of law and end his days in prison".[167]

On 15 March, the United States Senate unanimously declared Russian president Vladimir Putin to be a war criminal.[168] The next day, U.S. President Joe Biden called Putin a war criminal, and a day later U.S. Secretary of State Antony Blinken stated that in his personal opinion, he agreed that war crimes had been committed in Ukraine. He stated, "Intentionally targeting civilians is a war crime." On 23 March, Blinken announced that the United States formally declared that the Russian military had committed war crimes in Ukraine, stating, "based on information currently available, the US government assesses that members of Russia's forces have committed war crimes in Ukraine."[169]

See also

References

  1. ^ Khan, Karim Ahmad (2 March 2022). "Statement of ICC Prosecutor, Karim A.A. Khan QC, on the Situation in Ukraine: Receipt of Referrals from 39 States Parties and the Opening of an Investigation". ICC. Archived from the original on 4 March 2022. Retrieved 4 March 2022.
  2. ^ a b c "Russian military commits indiscriminate attacks during the invasion of Ukraine". Amnesty International. 25 February 2022. Archived from the original on 25 February 2022. Retrieved 25 February 2022.
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Wikimedia Commons has media related to War crimes during the 2022 Russian invasion of Ukraine.
  1. ^ "Ukraine war: Pregnant woman and baby die after hospital shelled". BBC News. 14 March 2022. Archived from the original on 14 March 2022. Retrieved 14 March 2022.
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