Last Updated: Tuesday, 23 May 2023, 12:44 GMT

Genuine Investigations and Prosecutions for Increasing Crimes Committed in Eastern Ukraine Urgently Needed

Publisher International Federation for Human Rights
Publication Date 19 July 2016
Related Document(s) Civilians caught in the crossfire
Cite as International Federation for Human Rights, Genuine Investigations and Prosecutions for Increasing Crimes Committed in Eastern Ukraine Urgently Needed, 19 July 2016, available at: https://www.refworld.org/docid/57921da44.html [accessed 24 May 2023]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

After a three-day seminar on documenting human rights violations held for Ukrainian lawyers and human rights defenders in Kharkiv from 4 to 6 July 2016, our organisations express their concern on the prevalent climate of impunity for crimes committed since the beginning of the armed conflict in Eastern Ukraine. Loopholes in Ukrainian legislation, problems of access to territories that are not controlled by Ukrainian authorities, and a lack of political will to genuinely investigate and prosecute these crimes, contribute to a situation of violence and impunity that should be investigated by the International Criminal Court (ICC).

"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.

Search Refworld

Countries