High Commissioner for Human Rights: High Numbers of Civilian Casualties in Ukraine Raise Concerns that Attacks by Russia are not Complying with International Humanitarian Law

United Nations High Commissioner for Human Rights Michelle Bachelet this afternoon told the Human Rights Council that the high numbers of civilian casualties in Ukraine and the extent of destruction caused to civilian infrastructure continued to raise significant concerns that attacks conducted by Russian armed forces were not complying with international humanitarian law. 

The High Commissioner said that as they entered the fifth month of hostilities, the unbearable toll of the conflict in Ukraine continued to mount.  With daily killings, widespread destruction, arbitrary detention and mass displacement, civilians were bearing the brunt of hostilities that seemingly had no end in sight.  The high numbers of civilian casualties and the extent of destruction caused to civilian infrastructure continued to raise significant concerns that attacks conducted by Russian armed forces were not complying with international humanitarian law.  On a much lower scale, it also appeared likely that Ukrainian armed forces were not fully complying with international humanitarian law in eastern parts of the country.   

Over 10,000 civilian deaths or injuries across Ukraine had been documented since 3 July, with 335 children among the 4,889 documented as killed, said Ms. Bachelet.  The actual figures were likely considerably higher.  Most of the documented civilian casualties were caused by the use of explosive weapons in populated areas. 

Ms. Bachelet said concerns persisted about unlawful killings, including summary executions.  Growing evidence gave grounds to believe that serious violations of international humanitarian law in this regard had been committed by Russian armed forces.  The Security Service of Ukraine and National Police had reportedly arrested over 1,000 individuals suspected of supporting Russian armed forces, and there were concerns that these arrests were not carried out in line with international human rights obligations.  Ms. Bachelet said her Office continued to call for an independent, impartial, and effective investigation of all allegations of torture or cruel, inhuman, or degrading treatment, enforced disappearance, arbitrary arrest and detention in Crimea.

The High Commissioner spoke in an interactive dialogue following the presentation of her Office’s report on the human rights situation in Ukraine in the context of the armed attack by the Russian Federation, covering the period between 24 February and 15 May 2022, and the Secretary-General’s report on the situation of human rights in the temporarily occupied Autonomous Republic of Crimea and the city of Sevastopol, Ukraine.

Emine Dzhaparova, Deputy Foreign Minister of Ukraine, speaking as the representative of a country concerned, said the report on the situation in Ukraine once again pointed to the drastic human rights ramifications of the unprovoked and unjustified Russian aggression for the people of Ukraine.  Thousands had lost their loved ones and homes, millions had turned into refugees, the whole nation had been subjected to pain and suffering that would affect next generations.  If the Russian blockade of Ukraine’s harbours of Odesa and Mykolaiv continued, millions of tons of food may rot in silos and tens of millions of people in Africa and Asia would starve.  Justice could be restored only through accountability for the perpetrators of these crimes and the full restoration of the territorial integrity of Ukraine.

Russia declined to speak as a country concerned but spoke during the discussion.  Russia felt compelled to note that the Office of the High Commissioner for Human Rights had debased itself by becoming a body serving the interest of one group of States, and had become part of the disinformation campaign against Russia.  The report covered up the crimes of the Kiev regime and there was no mention of the fact that Ukrainian armed forces had destroyed places of worship, or reports of the mass shelling carried out by Ukrainian forces.  The Office of the High Commissioner of Human Rights had become an accomplice of the Kiev regime and its Western sponsors. 

In the ensuing interactive debate, many speakers reiterated their unwavering support for the sovereignty of Ukraine and called on Russia to cease all attacks immediately and withdraw all troops from Ukraine.  There was grave concern regarding the already dire situation of human rights in the Crimean Peninsula, with States calling on Russia to comply with its obligations under international law and end the war.  Some speakers were appalled by attacks on civilians and civilian infrastructure, as well as cases of torture, enforced disappearances and sexual and gender-based violence, stating that Russia must be held accountable for its actions. 

A number of speakers said they regretted that initiatives such as these led to the politicisation of work of the Council and did not contribute to the promotion and protection of human rights.  They condemned the use of agenda item 10 with objectives which were far from those which had been conceived initially.  Some speakers also maintained that the conflict was a result of years of North Atlantic Treaty Organization States ignoring other States and was triggered by Kiev’s policy rejecting the Minsk Agreement.  The conflict had exposed the use of civilians as human shields.  Discussions focused solely on Russia were a dead end and presented double standards.  

At the end of the meeting, Federico Villegas, President of the Council, said that as this was expected to be the last time Ms. Bachelet addressed the Council as High Commissioner, he expressed the Council’s gratitude for all the times that she had come to address the Council to provide an update, reflecting her commitment to informing the Council about the millions of violations of human rights in situations around the world.  This was a way to bear witness to the work done by millions behind her reports.  All on the ground and in her Office were thanked for their efforts to make sure that the reports were very detailed, as they were one of the important bases for the work of the Council.  Ms. Bachelet was thanked for her hard work during her four years in office.

Speaking were Lithuania, European Union, European Union on behalf of a group of countries, Slovenia, Sovereign Order of Malta, Estonia, United Nations Women, Lithuania, Japan, Switzerland, Ireland, Spain, Germany, France, Czech Republic, Luxembourg, Montenegro, Venezuela, Russian Federation, Belgium, Australia, Latvia, Republic of Korea, Republic of Moldova, Denmark, Portugal, Albania, Turkey, Belarus, Georgia, Finland, Croatia, Austria, United Kingdom, Ireland, Bulgaria, Romania, Slovakia, Poland, Netherlands, Sweden, Syria, Timor Leste, Nicaragua, and United States.

Also speaking was the Ukrainian Parliamentary Commission for Human Rights as well as the following non-governmental organizations: International Fellowship of Reconciliation, Dignity - Danish Institute Against Torture, Minority Rights Group, European Union of Jewish Students, Catholic International Education Office, Human Rights House Foundation, World Federation of Ukrainian Women's Organizations, World Organisation Against Torture, Baptist World Alliance, and Center for Global Nonkilling.

The webcast of the Human Rights Council meetings can be found here.  All meeting summaries can be found here.  Documents and reports related to the Human Rights Council’s fiftieth regular session can be found here.

The Council will next meet at 10 a.m. on Wednesday, 6 July to hold an interactive dialogue with the Independent Expert on the Central African Republic, followed by an interactive dialogue on the report of the Independent Fact-Finding Mission on Libya.

Interactive Dialogue with the High Commissioner for Human Rights on the Situation of Human Rights in Ukraine

Reports

The Council has before it the report of the United Nations Secretary-General on the situation of human rights in the temporarily occupied Autonomous Republic of Crimea and the city of Sevastopol, Ukraine (A/HRC/50/65).

The Council also has before it the report of the Office of the High Commissioner for Human Rights on the human rights situation in Ukraine in the context of the armed attack by the Russian Federation: 24 February-15 May (A/HRC/50/CRP4)

Presentation of Reports

MICHELE BACHELET, United Nations High Commissioner for Human Rights, said that as they entered the fifth month of hostilities, the unbearable toll of the conflict in Ukraine continued to mount.  With daily killings, widespread destruction, arbitrary detention and mass displacement, civilians were bearing the brunt of hostilities that seemingly had no end in sight.  Presenting her Office’s report on the human rights situation in Ukraine in the context of the armed attack by the Russian Federation, covering the period between 24 February and 15 May 2022, she said the high numbers of civilian casualties and the extent of destruction caused to civilian infrastructure continued to raise significant concerns that attacks conducted by Russian armed forces were not complying with international humanitarian law.  On a much lower scale, it also appeared likely that Ukrainian armed forces were not fully complying with international humanitarian law in eastern parts of the country.  

Over 10,000 civilian deaths or injuries across Ukraine had been documented since 3 July, with 335 children among the 4,889 documented as killed.  The actual figures were likely considerably higher.  Most of the documented civilian casualties were caused by the use of explosive weapons in populated areas.  Shelling from heavy artillery, such as multiple launch rocket systems, and missile and air strikes, including weapons that could carry cluster munitions, were used repeatedly.  The placement of military objectives near civilian objects and the use of human shields by both parties to the conflict – as documented in the case of a care house in Stara Krasnianka (Luhansk region) for instance – also raised concerns.  The mass displacement of the civilian population – including over 8 million within the country – had a disproportionate impact on women, children, older persons and persons with disabilities.  The damage or destruction of over 400 medical facilities and educational facilities had been recorded, with thousands of homes damaged or destroyed. 

Concerns persisted about unlawful killings, including summary executions.  Growing evidence gave grounds to believe that serious violations of international humanitarian law in this regard had been committed by Russian armed forces.  As of 15 May 2022, over 1,200 civilian bodies had been recovered in Kyiv region alone, with over 300 allegations of killings by Russian armed forces in situations that were not linked to active fighting.  Two hundred and seventy cases of arbitrary detentions and enforced disappearances had been reported, with eight victims found dead.  Twelve cases which may amount to enforced disappearance by Ukrainian law enforcement bodies had also been documented.  Appalling reports of torture and ill-treatment by both parties continued, including of prisoners of war, with little progress in holding those responsible to account.

The Security Service of Ukraine and National Police had reportedly arrested over 1,000 individuals suspected of supporting Russian armed forces, and there were concerns that these arrests were not carried out in line with international human rights obligations.  Freedom of expression had drastically deteriorated, with 17 cases of deaths of journalists, media workers and bloggers from hostilities documented.  These issues compounded the ongoing human rights concerns as detailed in the Secretary-General’s interim report, which called on the Russian Federation to respect its obligations as an occupying power under international humanitarian law.  Ms. Bachelet said that her Office continued to call for an independent, impartial, and effective investigation of all allegations of torture or cruel, inhuman, or degrading treatment, enforced disappearance, arbitrary arrest and detention in Crimea.

Statement by the Country Concerned

EMINE DZHAPAROVA, Deputy Foreign Minister of Ukraine, said the report on the situation in Ukraine once again pointed to the drastic human rights ramifications of the unprovoked and unjustified Russian aggression for the people of Ukraine.  Thousands had lost their loved ones and homes, millions had turned into refugees, and the whole nation had been subjected to pain and suffering that would affect next generations.  Russia’s missiles, bombs and projectiles claimed lives of innocent Ukrainians daily.  International human rights and investigative mechanisms should provide their objective assessment of all Russian crimes.  The office of Ukraine’s Prosecutor General had registered more than 20,000 crimes of aggression and war crimes.  This long list included massive kidnaping of civilians.  There should be an immediate and unconditional release of all captured Ukrainians.
When Putin had failed to break the will and resilience of the Ukrainian people, he had then decided to take the international community hostage.  If the Russian blockade of Ukraine’s harbours of Odesa and Mykolaiv continued, millions of tons of food may rot in silos and tens of millions of people in Africa and Asia would starve.  Crimea had been turned into a laboratory of gross and systemic violations of human rights.  After 23 February, repression against Ukrainian activists, human rights defenders, and journalists had been further enhanced.  Russia’s occupation of Crimea in 2014 and today’s full-scale war against Ukraine were a part of one chain of events.  They were carried out in total disregard for international law and human rights.  Justice could be restored only through accountability for the perpetrators of these crimes and full restoration of the territorial integrity of Ukraine.

Discussion
In the ensuing discussion, some speakers reiterated their unwavering support for the sovereignty of Ukraine, and called on Russia to cease all attacks immediately and withdraw all troops from Ukraine.  There was grave concern regarding the already dire situation of human rights in the Crimean Peninsula.  Russia was urged to comply with its obligations under international law and end the war.  Some speakers were appalled by attacks on civilians and civilian infrastructure, as well as cases of torture, enforced disappearances and sexual and gender-based violence, stating that Russia must be held accountable for its actions.  Russia was urged to grant human rights monitoring mechanisms unimpeded access to Crimea and other conflict affected areas within Ukraine, to ensure an impartial human rights investigation.  The health rights of women and girls needed to be safeguarded, including the rights to give birth safely.  Women should be included in peace making and negotiating efforts. 

As a result of Russia’s unprovoked war on Ukraine, millions of people around the world were being pushed into cases of severe food inequity, some speakers said.  The immediate priority was to provide emergency relief and support countries to boost their food systems, with trade routes needing to remain open.  Russia should enable free and safe passage from Ukrainian ports and the blockage of grain and foodstuff must be removed.  Hunger should not be a weapon of war.  One speaker said that in order to prevent a global food crisis, diplomatic talks had been held with Russia and Ukraine, and if parties agreed a meeting would be hosted in Istanbul.  Concern was expressed at the situation of the Crimean ethnic minorities, including the Crimean Tatars and other religious groups.  Speakers were shocked by continued reports of sexual violence, including rape and trafficking, and condemned the use of sexual violence as a weapon of war.  The recent attack on a shopping centre and other facilities, which resulted on the deaths of civilians, including children, was one of the latest examples of Russia’s blatant disregard for international humanitarian law.  Some speakers also condemned the prosecution of lawyers and human rights defenders for carrying out their work.

Some speakers said that Russia used Crimea as a hub for forced deportation and continued to transfer weapons and troops to the peninsula.  Crimea was being used as a military base to carry out missile strikes on mainland Ukraine, killing innocent civilians and committing the crime of genocide.  This violated several Geneva Conventions and other international instruments.  Women and children had been disproportionately affected, with millions of displaced women and children, a high number of reported rapes, more than 300 innocent children killed and more than 600 injured by the Russian army.  Speakers outlined situations of extreme torture by members of the Russian guard on Ukrainian officials.  The victims were not only critical voices such as representatives of the local governments, civil activists, and journalists, but also ordinary civilians who were not involved in any armed hostilities or resistance to the Russian army.

Russia said it felt compelled to note that the Office of the High Commissioner for Human Rights had debased itself by becoming a body serving the interest of one group of States, and had become part of the disinformation campaign against Russia.  The report covered up the crimes of the Kiev regime and there was no mention of the fact that Ukrainian armed forces had destroyed places of worship, or reports of the mass shelling carried out by Ukrainian forces.  The Office of the High Commissioner of Human Rights had become an accomplice of the Kiev regime and its Western sponsors. 

Some speakers said they regretted that initiatives such as these led to the politicisation of work of the Council and did not contribute to the promotion and protection of human rights.  They condemned the use of agenda item 10 with objectives which were far from those which had been conceived initially.  Speakers also maintained that the conflict was a result of years of North Atlantic Treaty Organization States ignoring other States and was triggered by Kiev’s policy rejecting the Minsk Agreement.  The conflict had exposed the use of civilians as human shields.  Discussions focused solely on Russia were a dead end and presented double standards.  

Some speakers stressed the importance of the commitment of the Office of the High Commissioner for Human Rights to its mandate and to
the principles of objectivity and impartiality, and to refrain from adopting non-transparent approaches in preparing reports.  The practices of Ukrainian nationalist militias, including the torture of prisoners and the mutilation of the corpses of soldiers, were violations of human rights and it was unacceptable for the Council to ignore these their reports. 

Russia’s attacks on Ukraine were a blatant breach of international law, some speakers said.  They said the reports outlined the human rights violations committed by Russia, and applauded the United Nations system and the global crisis response group.  It was important that unhindered access of the Office of the High Commissioner’s mission throughout Ukraine was ensured.  It was important to promote access to factual and evidence-based information and the report was therefore of indispensable value.  The prospect of an investigation by the International Criminal Court was welcomed.  Russia needed to be held accountable and the work of the Commission of Inquiry on Ukraine was supported.  The Commission would investigate alleged violations of human rights and international humanitarian law.

Concluding Remarks

MICHELLE BACHELET, United Nations High Commissioner for Human Rights, said with regard to accountability in Ukraine, a number of initiatives had already been put in place at the regional, national and international levels.  The ability of the Ukrainian authorities to investigate, prosecute and try international crimes committed on their territory must be supported as violations of human rights were of particular importance for the domestic fight for accountability.  Documentation and the work of the Office were essential for this.  In order to ensure the independent and impartial mission, the international community was asked to assess this and to advocate for complete access by the Office’s human rights offices to all areas of Ukraine.  All should coordinate work, ensuring to avoid re-traumatisation of victims, whilst taking all into account. 

With regard to reports of camps in the Russian-held area, there was great concern for reports of stripping detainees, and other violations of human rights.  The Office of the High Commissioner had received reports that some persons were held in detention centres where they were at high risk of torture and ill-treatment, and had not been granted access to assess this.   

With regard to civilian casualties, Ms. Bachelet said the international community should continue to call for an immediate cessation of the armed conflict, and ensure that the conduct of hostilities should follow international humanitarian law, and hold violators to account.  The international community should also support all actors by providing resources to grow capacity to serve victims of violations. 

On defending human rights defenders, lawyers and journalists, there was concern for their situation, with many cases of injured and murdered journalists.  Human rights defenders and journalists must be defended by all parties to the conflict.  The international community could also offer valuable practical support such as funding and safety trainings for these persons.  Human rights defenders had had to readjust their activities, and many had started providing humanitarian assistance to vulnerable groups, and there was thus a need for funding in this regard, including for women’s groups and Roma groups, as their communities were facing increasing need. 

On Crimea, the application of Russian legislation restricted fundamental human rights there, including the right to freedom of expression, which was increasingly restricted, with opponents to armed attacks finding it increasingly difficult to express dissent.  The introduction of new sanctions punishing freedom of expression had a chilling effect.  The operating environment for human rights defenders had significantly worsened.  The Crimean Tatars were disproportionately affected by police raids and searches, and were prosecuted under terrorist proceedings which often fell short of human rights standards.  A continuing human rights presence in Ukraine was vital to ensure that there was no downward spiral of further violence.  All parties to the conflict should avoid hate speech. 

On prisoners of war and others deprived of liberty, there should be international independent monitors with free access to all areas of Ukraine to investigate reports of torture and ill-treatment.  Ms. Bachelet said her Office strove to gain free access to all prisoners of war, but had not yet been granted it.  The international community could also help in this regard, and provide aid to organizations providing assistance to victims and their relatives.  All prisoners of war should be allowed to inform their families of their whereabouts and communicate with them.  On protection from torture and extrajudicial killings, the international community must continue to encourage both parties to respect international human rights law and international humanitarian law and investigate all allegations of violations thereof, ensuring that alleged perpetrators were duly prosecuted. 

Ms. Bachelet said that as this was the last time she would be addressing the Human Rights Council on this topic, she urged all parties to the conflict to put human rights at the centre of their negotiations and to restore peace and redress to those affected.

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2022/07/au-3-juillet-le-haut-commissariat-recense-plus-de-dix-mille

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