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On 6 March, the [[World Health Organization]] released a statement saying that it had evidence that multiple health care centres in Ukraine had been attacked, with Director-General [[Tedros Adhanom Ghebreyesus]] saying that "attacks on healthcare facilities or workers breach medical neutrality and are violations of international humanitarian law."<ref>{{cite web|url=https://www.reuters.com/world/europe/ukraine-health-centres-have-been-attacked-who-chief-says-2022-03-06/ |title=Ukraine health centres have been attacked, WHO chief says |work=[[Reuters]] |date=6 March 2022}}</ref>
On 6 March, the [[World Health Organization]] released a statement saying that it had evidence that multiple health care centres in Ukraine had been attacked, with Director-General [[Tedros Adhanom Ghebreyesus]] saying that "attacks on healthcare facilities or workers breach medical neutrality and are violations of international humanitarian law."<ref>{{cite web|url=https://www.reuters.com/world/europe/ukraine-health-centres-have-been-attacked-who-chief-says-2022-03-06/ |title=Ukraine health centres have been attacked, WHO chief says |work=[[Reuters]] |date=6 March 2022}}</ref>


=== Illegal use of cluster munitions===
===Use of cluster munitions===
The Vuhledar attack, at 10:30 (UTC) on 24 February, was the result of a [[OTR-21 Tochka|9M79 Tochka missile]], which has a stated accuracy ([[Circular error probable]]) of 150 metres. The missile landed next to a hospital and killed four civilians. Amnesty International describe its analysis as "irrefutable evidence of violations of international humanitarian law and international human rights law" by Russian forces.<ref name="AI_RU_military_indiscriminate_attacks" /> [[Human Rights Watch]] (HRW) found that the Vuhledar hospital attack used an 9N123 [[cluster munition]], a type of weapon that is prohibited by most states under the [[Convention on Cluster Munitions]] because of its immediate and long-term danger to civilians. The 9N123 contains fifty 9N24 individual submunitions, which each split into 316 bomblets. HRW based its analysis on contacts with hospital and municipal administrations and multiple photographic evidence. HRW called for Russian forces to stop making "unlawful attacks with weapons that indiscriminately kill and maim."<ref name="HRW_UA_RU_cluster_munition" /> The press secretary of the Russian Federation [[Dmitry Peskov]] denied this information, saying that such types of ammunition are in service with the [[Armed Forces of Ukraine]].<ref>{{cite web |language=ru |url=https://ria.ru/20220301/bomby-1775810964.html |title=В Кремле опровергли сведения об использовании на Украине кассетных бомб |trans-title=The Kremlin denied reports of the use of cluster bombs in Ukraine |website=РИА Новости |date=4 March 2022 |access-date=6 March 2022 }}</ref>
The Vuhledar attack, at 10:30 (UTC) on 24 February, was the result of a [[OTR-21 Tochka|9M79 Tochka missile]], which has a stated accuracy ([[Circular error probable]]) of 150 metres. The missile landed next to a hospital and killed four civilians. Amnesty International describe its analysis as "irrefutable evidence of violations of international humanitarian law and international human rights law" by Russian forces.<ref name="AI_RU_military_indiscriminate_attacks" /> [[Human Rights Watch]] (HRW) found that the Vuhledar hospital attack used an 9N123 [[cluster munition]], a type of weapon that is prohibited by most states under the [[Convention on Cluster Munitions]] because of its immediate and long-term danger to civilians. The 9N123 contains fifty 9N24 individual submunitions, which each split into 316 bomblets. HRW based its analysis on contacts with hospital and municipal administrations and multiple photographic evidence. HRW called for Russian forces to stop making "unlawful attacks with weapons that indiscriminately kill and maim."<ref name="HRW_UA_RU_cluster_munition" /> The press secretary of the Russian Federation [[Dmitry Peskov]] denied this information, saying that such types of ammunition are in service with the [[Armed Forces of Ukraine]].<ref>{{cite web |language=ru |url=https://ria.ru/20220301/bomby-1775810964.html |title=В Кремле опровергли сведения об использовании на Украине кассетных бомб |trans-title=The Kremlin denied reports of the use of cluster bombs in Ukraine |website=РИА Новости |date=4 March 2022 |access-date=6 March 2022 }}</ref>


Revision as of 21:32, 10 March 2022

Ukrainian civilian killed during the Russian bombing of Chernihiv. Empty baby carriage in foreground.

Indiscriminate attacks on civilian areas by Russian forces have occurred during the 2022 Russian invasion of Ukraine, which may constitute war crimes.[1][2] The invasion is part of the protracted Russo-Ukrainian War that started in 2014. Other war crimes may also have occurred.[3][4]

Crime of aggression

Main article: Legality of 2022 Russian invasion of Ukraine

The invasion of Ukraine violated the Charter of the United Nations prohibition on aggression and constitutes a crime of aggression according to international criminal law. There are significant procedural obstacles to prosecuting Russian leaders for the crime for aggression at the International Criminal Court, but the crime of aggression can be prosecuted in countries that allow universal jurisdiction over such crimes.[3][4][5]

Distinction between civilian and military targets

See also: Distinction (law)
Shelled residential buildings in Kharkiv Oblast

On 25 February 2022, Amnesty International stated that Russian forces had "shown a blatant disregard for civilian lives by using ballistic missiles and other explosive weapons with wide area effects in densely populated areas" and falsely claimed to have only used precision-guided weapons. Three documented attacks, in Vuhledar, Kharkiv and Uman, killed six civilians and injured twelve. According to Amnesty International, the attacks were indiscriminate and could constitute war crimes.[1] The Uman attack occurred at 07:00 (UTC) on 24 February, killing one civilian and damaging a restaurant. The Kharkiv attack, at 08:00, landed between apartment buildings and killed one civilian.[1]

Shelling of Kharkiv regional administration

At approximately 16:00 (UTC) on 25 February, a video surfaced on social media depicting a civilian vehicle in the Obolon locality in northern Kyiv being crushed and then backed up over by a Russian tank that swerved into it. Though injured, the sole passenger of the vehicle has reportedly survived the encounter.[6] It is debated whether the driver deliberately swerved into the vehicle, or whether they had lost control of the wheel. A video from a different angle seems to show the convoy (which the armoured vehicle was a part of) being ambushed, and the armoured vehicle swerving left and right several seconds before the incident.[7]

Two civilian merchant ships flying under the flags of neutral countries were shelled in the Black Sea on 25 February. Russian warships shelled the Moldovan-flagged chemical tanker MV Millennial Spirit and the Panamanian-flagged Japanese-owned cargo ship Namura Queen.[8][9]

On 1 and 2 March, the Russian artillery targeted a densely populated neighbourhood of Mariupol, shelling it for nearly 15 hours. The neighbourhood was significantly destroyed as a result, with deputy mayor Sergei Orlov reporting that "at least hundreds of people [were] dead."[10][11]

On 3 March, the Office of the United Nations High Commissioner for Human Rights released a statement saying that it had recorded at least 1006 civilian causalities in the first week of the invasion, but that it believed that "the real figures are considerably higher."[12]

On 6 March, the World Health Organization released a statement saying that it had evidence that multiple health care centres in Ukraine had been attacked, with Director-General Tedros Adhanom Ghebreyesus saying that "attacks on healthcare facilities or workers breach medical neutrality and are violations of international humanitarian law."[13]

Use of cluster munitions

The Vuhledar attack, at 10:30 (UTC) on 24 February, was the result of a 9M79 Tochka missile, which has a stated accuracy (Circular error probable) of 150 metres. The missile landed next to a hospital and killed four civilians. Amnesty International describe its analysis as "irrefutable evidence of violations of international humanitarian law and international human rights law" by Russian forces.[1] Human Rights Watch (HRW) found that the Vuhledar hospital attack used an 9N123 cluster munition, a type of weapon that is prohibited by most states under the Convention on Cluster Munitions because of its immediate and long-term danger to civilians. The 9N123 contains fifty 9N24 individual submunitions, which each split into 316 bomblets. HRW based its analysis on contacts with hospital and municipal administrations and multiple photographic evidence. HRW called for Russian forces to stop making "unlawful attacks with weapons that indiscriminately kill and maim."[14] The press secretary of the Russian Federation Dmitry Peskov denied this information, saying that such types of ammunition are in service with the Armed Forces of Ukraine.[15]

On 27 February, Amnesty International stated that it had analysed evidence showing that Russian cluster munitions from a 220 mm BM-27 Uragan rocket had hit a preschool in Okhtyrka where civilians were taking shelter on 25 February, killing three, including a child. UAV film showed four hits on the roof of the preschool, three on the ground next to the school, two injured or dead civilians, and pools of blood. Amnesty International analysed 65 photos and videos of the event and interviewed local residents.[16] Bellingcat stated that remains of the 9M27K rocket were found 200 metres east of the kindergarten. Russian forces were located west of Okhtyrka. Amnesty described the rocket type as "unguided and notoriously inaccurate", and described the attack as a potential war crime that should be investigated.[16]

On 4 March, Human Rights Watch stated that "Russian forces fired cluster munitions into at least three residential areas in Kharkiv" on February 28, killing at least three civilians.[17]

Targeting of humanitarian corridors

Victim of a Russian attack in Mariupol in March 2022

During the Siege of Mariupol, a number of attempts to establish a humanitarian evacuation corridor to evacuate civilians from the city have been made, but have failed due to the corridor being targeted by Russian forces. On 5 March, a five-hour ceasefire was declared, but evacuations were quickly halted after shelling continued during the declared time.[18] The next day, the International Committee of the Red Cross (ICRC) announced that a second attempt to establish an evacuation corridor had failed.[19] On 7 March, the ICRC announced that it had found that one of the routes listed for evacuations during a ceasefire had been mined.[20] On 8 March, Human Rights Watch released a statement saying attacks on the evacuation corridor potentially indicated that "Russian forces violated their obligations under international humanitarian law."[21]

Allegations of war crimes during attempted evacuations from Mariupol

See also: Mariupol children's hospital bombing

On 7 March, US ambassador to the Organization for Security and Co-operation in Europe, Michael Carpenter, described two incidents that occurred in Mariupol on 5 March and 6 March as war crimes. He stated that on both dates, Russian forces bombed agreed-upon evacuation corridors while civilians were trying to use them.[22]

Thermobaric weapons

On 28 February, Oksana Markarova, the Ukrainian ambassador to the United States, stated that Russian forces used a thermobaric bomb in Okhtyrka.[23][24][25] International law does not prohibit the use of thermobaric munitions, fuel-air explosive devices, or vacuum bombs against military targets.[26][27] Their use against civilian populations may be banned by the United Nations (UN) Convention on Certain Conventional Weapons (CCW).[28] Markarova claimed that the use of thermobaric weapons is in violation of the Geneva Conventions.[29][30][31] White House Press Secretary Jen Psaki said she had seen reports but did not have confirmation that Russia had used such weapons. "If that were true, it would potentially be a war crime," she told a press briefing.[23] The attack destroyed a Ukrainian military base, killing 70 soldiers.[32]

Targeting of nuclear power plants

On March 3, Russian troops attacked the Zaporizhzhia Nuclear Power Plant, Europe's largest. This posed a threat of a global environmental catastrophe, the consequences of which could be much greater than that of Chernobyl disaster in 1986[citation needed]. The shelling of the station caused a fire that was extinguished. One of the shells hit the first power unit of the station.[33][34][failed verification] That evening, the US Embassy in Ukraine described the Russian shelling of the Zaporizhzhia nuclear power plant in Ukraine as a war crime aiming to establish a "reign of terror".[35][clarification needed] On the same day, Ukrainian President Volodymyr Zelenskyy accused Russian President Vladimir Putin of committing "nuclear terror" by ordering the attack on the plant.[35]

On 7 March, International Atomic Energy Agency (IAEA) Director General Rafael Mariano Grossi told the IAEA board of governors that "military operations at nuclear power facilities of Ukraine have caused unprecedented danger of a nuclear accident, risking the lives of people living in Ukraine and in neighbouring countries, including Russia."[36]

Treatment of prisoners of war

A number of interviews of Russian soldiers taken prisoner have been circulated on social media, often seemingly filmed under a degree of duress and used for Ukrainian propaganda purposes.[37][38] This videos have raised concerns about potential violations of the Geneva Conventions, in particular Article 13 of the Third Geneva Convention, which states that prisoners of war should be protected "against insults and public curiosity."[39][40] On 7 March, Amnesty International released a statement saying that "it is essential that all parties to the conflict fully respect the rights of prisoners of war," and saying that filmed prisoners of war and their families could be put at risk of reprisals following repatriation to Russia.[41]

Attacks on civilians

Attacks on civilians by Russian forces has been a defining characteristic of the invasion.[42][failed verification][better source needed]

Chernihiv massacre

Main article: 2022 Chernihiv bombing

On 3 March Russian forces killed 47 civilians in Chernihiv, most of whom were waiting in line for bread.[43] Amnesty International did not identify any military targets near the site of the massacre.[44] This action is regarded as a war crime by Amnesty International[45]

Sumy massacre

In the evening and throughout the night on 7 March Russian forces executed an airstrike on Sumy's residential neighbourhood. About 22 people were killed, 3 among them are children.[46][47]

Kharkiv Oblast

On 4 March, 122 civilians, including five children, were killed in the Kharkiv region.[48]

On 8 March, the Russian occupiers bombed a hospital in Izium, the hospital was totally destroyed.[49] This shelling has been regarded as a war crime by region authorities.[50]

Kyiv Oblast

Bucha massacre

On 4 March, Russian forces killed three unarmed Ukrainian civilians who had just delivered dog food to a dog shelter in Bucha, a city near Kyiv.[2]

Mariupol

Main article: Mariupol children's hospital bombing

On 9 March, the Russian occupiers bombed a maternity and children's hospital in Mariupol.[51] The hospital was destroyed.[52] British prime minister Boris Johnson described the bombing as "depraved".[53] Dmytro Kuleba called the bombing as a "petrifying war crime".[54]

Other incidents

According to Ukrainian officials, Russian forces used explosives hidden in a children's toy, mobile phones, and valuables.[55][56]

Legal proceedings

International Criminal Court

Main article: International Criminal Court investigation in Ukraine

On 25 April 2014, the International Criminal Court (ICC) started a preliminary examination of crimes against humanity that may have occurred in Ukraine in the 2014 Euromaidan protests and civil unrest, the 2014 annexation of Crimea by the Russian Federation, and the war in Donbas. On 11 December 2020, the ICC Prosecutor found that "there was a reasonable basis to believe that war crimes and crimes against humanity were committed", that the "alleged crimes identified would [as of December 2020] be admissible", and that there was "a reasonable basis for investigation, subject to judicial authorisation".[57][58]

On 25 February 2022, ICC Prosecutor Karim Ahmad Khan stated that the ICC could "exercise its jurisdiction and investigate any act of genocide, crime against humanity or war crime committed within Ukraine."[59] Khan stated on 28 February that he would launch a full ICC investigation and that he had requested his team to "explore all evidence preservation opportunities". He stated that it would be faster to officially open the investigation if an ICC member state referred the case for investigation. Lithuanian prime minister Ingrida Simonyte stated on the same day that Lithuania had requested that the ICC investigation be opened.[60]

List of countries that referred Russia to the ICC for alleged war crimes in Ukraine

The case of war crimes in Ukraine was referred to the ICC by the following countries:[61]

  1. Albania
  2. Australia
  3. Austria
  4. Belgium
  5. Bulgaria
  6. Canada
  7. Colombia
  8. Costa Rica
  9. Croatia
  10. Cyprus
  11. Czech Republic
  12. Denmark
  13. Estonia
  14. Finland
  15. France
  16. Georgia
  17. Germany
  18. Greece
  19. Hungary
  20. Iceland
  21. Ireland
  22. Italy
  23. Latvia
  24. Liechtenstein
  25. Lithuania
  26. Luxembourg
  27. Malta
  28. Norway
  29. Netherlands
  30. New Zealand
  31. Poland
  32. Portugal
  33. Romania
  34. Slovakia
  35. Slovenia
  36. Spain
  37. Sweden
  38. Switzerland
  39. United Kingdom

On 3 March, the ICC chief prosecutor announced that his office was proceeding with the collection of evidence of alleged war crimes, crimes against humanity, and genocide committed by Russian forces during the invasion. The news followed the referral of the situation in Ukraine to the ICC by 39 states.[62]

International Court of Justice

Main article: Ukraine v. Russian Federation (2022)

On 27 February, Ukraine filed a petition with the International Court of Justice arguing that Russia violated the Genocide Convention using an unsubstantiated accusation of genocide in order to justify its aggression against Ukraine.[63][64]

On 1 March, the ICJ officially called on Russia to "act in such a way" that would make it possible for a decision on provisional measures to become effective.[65] The ICJ's hearing on the Ukraine v. Russian Federation is scheduled for 7 and 8 March 2022, to be held at the Peace Palace in The Hague and online, with livestreaming in English and French.[66]

Other legal aspects

Gyunduz Mamedov, a former deputy Prosecutor General of Ukraine, stated on 25 February 2022 that he was gathering evidence of war crimes.[67] The Ukrainian foreign minister Dmytro Kuleba stated on 25 February that Russia was committing war crimes, and that the ministry and the Prosecutor General of Ukraine were collecting evidence, including attacks on kindergartens and orphanages, which would be "immediately transfer[red]" to the ICC.[68] On 26 February, Ukrainian prime minister Denys Shmyhal said that Russia was committing war crimes.[69]

During a debate in the House of Commons on 24 February, UK Prime Minister Boris Johnson said that "anyone who sends a Russian into battle to kill innocent Ukrainians" could face charges, comparing Putin to Slobodan Milošević. Johnson also expressed support for the formation of an international tribunal to try the perpetrators of war crimes committed during the war. Chris Bryant, a MP for the opposition Labour Party, said that Putin "must be brought to a court of law and end his days in prison".[70]

See also

References

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External links

source: https://en.wikipedia.org/w/index.php?title=War_crimes_in_the_2022_Russian_invasion_of_Ukraine&diff=1076387437&oldid=1076386506

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