Report of the Independent International Commission of Inquiry on Ukraine (A/HRC/52/62)[EN/RU/UK] (Advance Unedited Version)

Human Rights Council
Fifty-second session
27 February–31 March 2023
Agenda item 4
Human rights situations that require the Council’s attention

Summary

In the present report, submitted pursuant to Human Rights Council resolution 49/1, the Independent International Commission of Inquiry on Ukraine outlines the main findings since the outset of its mandate. The body of evidence collected shows that Russian authorities have committed a wide range of violations of international human rights law and international humanitarian law in many regions of Ukraine and in the Russian Federation.
Many of these amount to war crimes and include wilful killings, attacks on civilians, unlawful confinement, torture, rape, and forced transfers and deportations of children.

The Commission has concluded that Russian armed forces have carried out attacks with explosive weapons in populated areas with an apparent disregard for civilian harm and suffering. It has documented indiscriminate and disproportionate attacks, and a failure to take precautions, in violation of international humanitarian law.

In addition, the Commission has found that the Russian armed forces’ waves of attacks, starting 10 October 2022, on Ukraine’s energy-related infrastructure and the use of torture by Russian authorities may amount to crimes against humanity. It recommends further investigations.

The Commission has documented a small number of violations committed by Ukrainian armed forces, including likely indiscriminate attacks and two incidents that qualify as war crimes.

Finally, the Commission recommends that all violations and crimes be investigated and those responsible be held accountable, either at the national or the international level. It calls for a comprehensive approach to accountability that includes both criminal responsibility and the victims’ right to truth, reparation, and non-repetition.

I. Introduction

1. In resolution 49/1 of 4 March 2022, the Human Rights Council established an Independent International Commission of Inquiry to investigate all alleged violations and abuses of human rights and violations of international humanitarian law, and related crimes in the context of the Russian Federation’s aggression against Ukraine. On 30 March 2022, the President of the Human Rights Council appointed Erik Møse (Norway), Jasminka Džumhur (Bosnia and Herzegovina) and Pablo de Greiff (Colombia) to serve as independent members of the Commission, with Mr. Møse serving as chair.

2. On 12 May 2022, the Human Rights Council, in resolution S-34/1, requested the Commission to focus on the events in Kyiv, Chernihiv, Kharkiv and Sumy regions in late February and in March 2022. Corresponding findings are in the Commission’s report submitted on 18 October 2022 to the General Assembly.1 The present report reflects the findings of the Commission since its creation.

3. In line with its independence and impartiality, the Commission has assessed whether the situation in Ukraine is an act of “aggression against Ukraine by the Russian Federation”, as stated in resolution 49/1. In accordance with the definition of aggression provided in General Assembly resolution 3314 (XXIX), it has found reasonable grounds to conclude that the invasion and Russian armed forces’2 attacks against Ukraine’s territory and armed forces qualify as acts of aggression against Ukraine.3 4. To conduct its investigations, the Commission has travelled eight times to Ukraine and visited 56 cities, towns, and settlements. It also travelled to Estonia and Georgia to meet people who fled from areas affected by the armed conflict. The Commission conducted 610 interviews with 595 persons (348 women and 247 men) in person and remotely; inspected sites of destruction, graves, places of detention and torture, as well as weapon remnants; and consulted documents, photographs, satellite imagery and videos.

4. The Commission is grateful for the access and written responses to its queries received from Ukrainian officials. It regrets that its attempts to establish meaningful communication with the Russian Federation have been unsuccessful, as its notes verbales and letters have remained unanswered. A Russian governmental institution has referred material to the Commission, which it has examined.

5. In its work, the Commission is guided by the principles of independence, impartiality, objectivity, and integrity. It has adopted a victim-centred approach and committed to the “do no harm” principle. Consistent with the standard of proof followed by most international commissions of inquiry, namely, “reasonable grounds to conclude,” the Commission has reached determinations when, based on a body of verified information, an objective and ordinary prudent observer would conclude that the facts took place as described.

6. Owing to the large number of relevant events, security and logistical constraints, as well as particular challenges related to the investigations of certain issues, the Commission has concentrated on samples of allegations and cases which illustrate specific patterns.

7. The Commission expresses its gratitude to all those who shared testimonies and other valuable information, responded to its call for submissions – including 38 letters from teenage children, and facilitated its work. It appreciates the assistance provided by Governments,
   United Nations agencies, other international organizations, and non-governmental entities.