Ensuring accountability for atrocities committed in Ukraine

Excellencies,
Colleagues,

I am grateful to Albania and France for organizing today’s crucial and timely discussion.

In the words of a woman from Irpin on 15 April after her house burned down: "I am sad about our house in which I was born and had lived during my whole life. But I am even more sad that the whole history of our family burned down." 

Accountability is a cornerstone of upholding human rights.

Yet, two months into the Russian armed attack on Ukraine, we ask: who will be held accountable, when and how?

As I stated to the Human Rights Council in March, the gross violations of international human rights law and serious violations of humanitarian law that have occurred - in particular regarding the principle of distinction and the prohibition of indiscriminate attacks - may amount to war crimes.

The victims of these violations and their families need reparation. They need to obtain effective remedies for the harm and tragedy they have endured.

And efforts aimed at redressing violations must begin now.

This sends a clear message that violations of international law will not go unaddressed; that individuals will be held to account; and that parties to the conflict will be held responsible for internationally wrongful acts their forces commit.

For this to happen, there are at least four critical steps.

First – the comprehensive preservation of all types of evidence related to alleged international humanitarian and human rights law violations, including digital evidence.

Second - decent treatment of all mortal remains, including their proper identification and burial, as well as forensic examinations of bodies to establish cause of death.

Third - the effective and comprehensive recording of all deaths linked to the conflict, including civilian casualties.

And finally, the development of comprehensive policies and mechanisms to provide remedy and reparations for the victims of serious violations of international law related to the armed conflict since 24 February 2022, as well as those who suffered harm before, since mid-April 2014. This includes families of those killed, and those injured.

Individual criminal responsibility for war crimes that may have been committed in Ukraine will have to be determined by a fair trial before a court or tribunal, in full compliance with international rule of law standards.

This is the primary duty of the parties to the conflict.

As the war continues and intensifies, so too does the magnitude of human suffering. We are gravely concerned by the rising civilian death toll, mass displacement and the destruction of civilian objects.

As of today, my Office has documented and verified 5,939  civilian casualties, with 2,787  killed and 3,152 injured.  Actual figures are considerably higher, and my Office is working to estimate them.

Most of these have been caused by the use of explosive weapons with wide area effects in populated areas, such as shelling from heavy artillery, and missile and air strikes.

The staggering scale of human rights violations in Bucha has shocked Ukraine and the world. During a one-day visit, our team documented the unlawful killing, including summary executions of 50 civilians – mostly men, but also women and children. We continue to follow up all reports of violations in Bucha, as well as over 300 other allegations of killings, including summary executions of civilians in more than 30 settlements in Kyiv, Chernihiv, Kharkiv and Sumy regions, controlled by Russian armed forces in late February and March. OHCHR has corroborated over 170 cases of apparent arbitrary detention and enforce disappearances of public officials, journalists and activists in areas controlled by Russian armed forces. OHCHR has also received information about alleged arbitrary and incommunicado detentions by Ukrainian forces or people aligned with them.

My Office is also looking into dozens of allegations of conflict-related sexual violence.

The treatment of prisoners of war by the parties also raises serious concerns. Videos apparently recorded by combatants are available online, depicting intimidation, torture and even killing of prisoners of war.

Accountability for these violations and the rights of victims to a remedy and reparations must be ensured.

Excellencies
Colleagues,

My Office is committed to engaging with all actors working towards accountability, within our respective frameworks and mandates. Here, I welcome the establishment of the Independent International Commission of Inquiry on Ukraine which is an important step. I emphasise that all efforts should be coordinated, with victims’ rights, including their protection, at the centre of the approaches.

Yet, looking at what is playing out today will be in vain if we can’t commit to preventing future violations and atrocities.

Our efforts for peace must be sustained and unwavering.

In the meanwhile, the parties to the conflict must urgently reassess the methods used to conduct hostilities. The use of weapons with wide area effects in populated areas should cease immediately. Summary executions, other unlawful killings and enforced disappearances must come to an end now.

My Office will continue the crucial work of documenting violations of international human rights law and international humanitarian law. To guarantee our monitoring is independent and impartial, our human rights officers must have complete and unimpeded access to all affected areas in Ukraine, as well as access to information.

This futile and senseless war has already caused immeasurable human tragedy.

Let us commit to putting a stop to it before we have more deaths, more suffering, and more perpetrators to hold to account.