"Perpetrators of the numerous serious human rights violations committed on the territories that are not controlled by the Ukrainian authorities are continuing to act without being properly held accountable. Ukraine does not recognize the existence of an armed conflict, so no appropriate international or national body of law is being applied. Nonetheless, these crimes may amount to war crimes and/or crimes against humanity under the ICC Statute."
Lawlessness reigns in the territories not controlled by the Ukrainian government, constituting a major blow to human rights protection in Ukraine. Local lawyers and human rights activists documenting crimes committed since the outbreak of the conflict expressed numerous problems related to the lack of rule of law.
Of increasing concern is the exchange of captives between both parties to the conflict. This exchange is occurring in a legal void, exacerbating the problem of enforced disappearances on both sides. Approximately 3000 Ukrainian military and civilian captives in the hands of so-called "DNR-LPR forces" are said to have been exchanged for captured separatists since the beginning of the conflict in 2014, according to the Ukrainian Security Service (SBU). [1] Besides not being regulated by any body of law, the circumstances surrounding the exchange are kept secret, including the temporary detention locations used, conditions of captivity and the ultimate fate of those exchanged. This practice has evolved from individual cases to a systematic practice lacking all transparency, and without any legal framework.
The monopolization of the negotiations leading to captives’ exchange by the Ukrainian Security Service accelerated further since the adoption of the Minsk II agreements in February 2015, which requires both sides of the conflict to "ensure release and exchange of all hostages and unlawfully detained persons, based on the principle ’all for all’." [2] The problem is exacerbated because of the amnesty requirement, which, furthermore, is not clearly formulated in the text of the agreement, which does not define the persons covered by the amnesty, nor the terms and procedure of a possible amnesty.
Since the beginning of the conflict, Ukrainian human rights organisations have reported a significant increase in cases of killings and enforced disappearance, torture and ill-treatment, illegal detention and destruction of property. Cases of sexual and gender-based crimes against both women and men have been reported, even if still largely under-documented. Therefore, the conclusions reached in FIDH's report "Civilians Caught in the Crossfire" [3] on the systematic and widespread nature of crimes committed on the territories out of the Ukrainian govermnent’s control remains relevant. These problems must be urgently addressed. The armed conflict in the Donetsk and Lugansk regions of Ukraine has generated serious human rights violations, which may amount to international crimes. These incidents must be properly investigated, at the national or international level, and perpetrators of war crimes and crimes against humanity should be identified and prosecuted.
