Independent International Commission of Inquiry on Ukraine

The Independent International Commission of Inquiry in Ukraine is a United Nations commission of inquiry established by the United Nations Human Rights Council on 4 March 2022 with a mandate to investigate violations of human rights and of international humanitarian law in the 2022 Russian invasion of Ukraine.[1][2] The Commission delivered its reports on 18 October 2022[3] and 16 March 2023.[4]

Creation

On 3 March 2022, the United Nations Human Rights Council (UNHRC) started debating the effect of the 2022 Russian invasion of Ukraine on human rights.[5] On 4 March, in resolution A/HRC/49/L.1, the UNHRC condemned the violations of human rights and international law caused by the full-scale Russian invasion, called for Russia to stop its violations in Ukraine, and for Russia to completely withdraw from internationally recognised Ukrainian territory to prevent further violations, and voted to establish an independent international commission of inquiry on Ukraine. The UNHRC passed the resolution with 32 states in favour, 13 absentions and 2 (Eritrea and Russia) against.[2][1]

The Russian representative on the UNHRC, Evgeny Ustinov, called the commission of inquiry "a mere waste of resources, which could better be used to help civilians in Ukraine".[6] Human Rights Watch expressed its support for the UNHRC to create a commission of inquiry into violations of human rights and international humanitarian law in Ukraine by all groups involved.[7]

Structure

The commission of inquiry was initially set up to include three human rights experts for one year,[2][1] headed by Erik Møse from Norway, and also including Jasminka Džumhur from Bosnia and Herzegovina and Pablo de Greiff from Colombia.[8]

Aims

The goal of the commission was to investigate all alleged violations and abuses of human rights and international humanitarian law in the 2022 Russian invasion of Ukraine. The commission was required to make recommendations based on its investigation, first in September 2022[8] to the 51st and 52nd sessions of the UNHRC and the 77th session of the United Nations General Assembly.[2]

Reports

October 2022 report

On 18 October 2022, the Commission published its report on events between the end of February and March 2022 in the four regions of Kyiv, Chernihiv, Kharkiv, and Sumy. The Commission found that Russian armed forces were responsible for the great majority of human rights and international humanitarian law violations, but that Ukrainian forces also violated international humanitarian law, notably in two incidents that qualified as war crimes.[3]

March 2023 report

In a March 2023 report, the Commission found that Russia had committed numerous violations of international human rights law and international humanitarian law in Ukraine, and that many of these breaches constituted war crimes.[9][10] Evidence gathered by the Commission included:

  • site visits to 56 locations in Ukraine;
  • interviews with 595 people, including refugees in Estonia and Georgia;
  • site visits to places destroyed in the war, grave sites; and sites where Russians detained and tortured prisoners; and
  • documentary and physical evidence, including written records, photographs and videos, satellite images and weapon fragments.

The Ukrainian government responded to inquiries from the commission; the Russian authorities refused to cooperate.[10]

The report concluded: "that Russian authorities have committed numerous violations of international humanitarian law and violations of international human rights law, in addition to a wide range of war crimes," These included that of excessive incidental death, injury or damage, wilful killings, torture, inhuman treatment, unlawful confinement, rape, and unlawful transfers and deportations. The commission also found that torture by Russians and the waves of Russian airstrikes starting 10 October 2022 on Ukraine's energy infrastructure might amount to crimes against humanity.[10]

September 2023 update

On 25 September 2023, Commission Chair Erik Møse delivered an update at the 54th session of the UN Human Rights Council, saying "The Commission is also concerned about allegations of genocide in Ukraine. For instance, some of the rhetoric transmitted in Russian state and other media may constitute incitement to genocide. The Commission is continuing its investigations on such issues."[11]

See also

References
  1. Johnson, Heidi (2022-03-04). "UN Human Rights Council establishes commission to investigate Russian human rights violations against Ukraine". JURIST. Archived from the original on 2022-03-07. Retrieved 2022-03-25.
  2. "Human Rights Council establishes an Independent International Commission of Inquiry to investigate all alleged violations of human rights in the context of the Russian Federation's aggression against Ukraine". United Nations Human Rights Council. 2022-03-04. Archived from the original on 2022-03-19. Retrieved 2022-03-25.
  3. "OHCHR | A/77/533: Independent International Commission of Inquiry on Ukraine - Note by the Secretary-General". OHCHR. Retrieved 2022-12-22.
  4. "War crimes, indiscriminate attacks on infrastructure, systematic and widespread torture show disregard for civilians, says UN Commission of Inquiry on Ukraine". OHCHR. Retrieved 2023-03-16.
  5. "Afternoon - Human Rights Council Begins Urgent Debate on Situation of Human Rights in Ukraine Stemming from the Russian Aggression". United Nations. 2022-03-03. Archived from the original on 2022-03-05. Retrieved 2022-03-25.
  6. "Human Rights Council to establish Commission of Inquiry on Ukraine". United Nations. 2022-03-04. Archived from the original on 2022-03-04. Retrieved 2022-03-25.
  7. "UN rights body should urgently create monitoring & accountability mechanism". Human Rights Watch. 2022-03-04. Archived from the original on 2022-03-05. Retrieved 2022-03-25.
  8. Nebehay, Stephanie (2022-03-31). "United Nations names experts to probe possible Ukraine war crimes". Thomson Reuters. Archived from the original on 2022-03-31. Retrieved 2022-03-31.
  9. War crimes, indiscriminate attacks on infrastructure, systematic and widespread torture show disregard for civilians, says UN Commission of Inquiry on Ukraine (March 16, 2023)
  11. Møse, Erik (2023-09-25). "Update by the Chair of the Independent International Commission of Inquiry on Ukraine, at the 54th session of the Human Rights Council". United Nations Human Rights Council. Retrieved 2023-09-27.
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