This is the beginning of what might well be a long process, but it is essential that we preserve evidence for future justice
Seven Ukrainian civilians executed by Russian soldiers in two separate incidents. A case of repeated rape. These are just two of the many Human Rights Watch findings on apparent war crimes committed by Russian forces in recent weeks.
They show unspeakable, deliberate cruelty and violence on the part of Russian soldiers. One of the executions took place on March 4 in Bucha, a town northwest of Kyiv. Five Ukrainian men were told to take off their jackets and boots, kneel on the roadside and put their T-shirts over their heads. Then one of them was shot at short range.
Ukraine: Apparent War Crimes in Russia-Controlled Areas
Summary Executions, Other Grave Abuses by Russian Forces
Russian troops recently withdrew from Bucha, and TV crews later filmed dead bodies strewn in the street and burnt-out cars. We are concerned that many such deaths may be the result of war crimes. It is too early to say for certain now, and legal proceedings are still at a nascent stage, but that is why it is important for the evidence to be established.
We have also documented a number of apparent war crimes in other areas that need urgent investigation. Take, for instance, Russia’s attacks that killed civilians and destroyed civilian buildings, including hospitals; the use of banned weapons such as cluster munitions and anti-personnel landmines, and blocking access for humanitarian supplies to towns under siege. We have also documented the apparent abuse of Russian prisoners of war.
International collaboration is vital to investigate every such case and bring those responsible to justice. It is good to see that the Ukrainian authorities have opened an investigation into what happened in Bucha, and that the prosecutor at the International Criminal Court last month opened an investigation into alleged war crimes. The United Nations Human Rights Council also opened a Commission of Inquiry into violations of the laws of war in Ukraine, and its work could provide important assistance to the ICC and other judicial authorities.
As these investigations get underway, we must also ensure the adequate preservation of evidence. Human Rights Watch has verified and assessed hundreds of videos and photographs so far and is ensuring that all of it is being carefully logged and archived. Crime scenes should be cordoned off and forensic specialists given urgent access.
Finally, members of the international community need to maintain political will, both in the medium and long term. This is the beginning of what might well be a long process, but as yet more terrible evidence emerges from Ukraine, it is clear that the work of gathering and investigating is indispensable.
https://www.hrw.org/news/2022/04/05/racing-document-war-crimes-ukraine
We are racing to document war crimes in Ukraine
Situation referred to the ICC by 43
States Parties: March - April 2022
ICC investigations opened: 2 March 2022
Focus: Alleged crimes
committed in the context of situation in Ukraine since 21 November 2013
Current regional focus: Ukraine
Jurisdiction
in the general situation
Ukraine is not a State Party to the Rome Statute, but it has
twice exercised its prerogatives to accept the Court's jurisdiction over
alleged crimes under the Rome Statute occurring on its territory, pursuant to
article 12(3) of the Statute. The first
declaration lodged by the Government of Ukraine accepted ICC
jurisdiction with respect to alleged crimes committed on Ukrainian territory
from 21 November 2013 to 22 February 2014. The second
declaration extended this time period on an open-ended basis to
encompass ongoing alleged crimes committed throughout the territory of Ukraine
from 20 February 2014 onwards.
On 28 February 2022, the ICC Prosecutor announced he
would seek authorisation to open an investigation into the Situation in Ukraine, on
the basis of the Office's
earlier conclusions arising from its preliminary examination, and encompassing
any new alleged crimes falling within the jurisdiction of the Court.
On 1 March 2022, the Office received a State Party referral from
the Republic of Lithuania. On 2 March 2022, the following coordinated group of
States Parties submitted a joint referral: Republic of Albania, Commonwealth of
Australia, Republic of Austria, Kingdom of Belgium, Republic of Bulgaria,
Canada, Republic of Colombia, Republic of Costa Rica, Republic of Croatia, Republic
of Cyprus, Czech Republic, Kingdom of Denmark, Republic of Estonia, Republic of
Finland, Republic of France, Georgia, Federal Republic of Germany, Hellenic
Republic, Hungary, Republic of Iceland, Ireland, Republic of Italy, Republic of
Latvia, Principality of Liechtenstein, Grand Duchy of Luxembourg, Republic of
Malta, New Zealand, Kingdom of Norway, Kingdom of the Netherlands, Republic of
Poland, Republic of Portugal, Romania, Slovak Republic, Republic of Slovenia,
Kingdom of Spain, Kingdom of Sweden, Swiss Confederation, United Kingdom of
Great Britain and Northern Ireland.
On 2 March 2022, the Prosecutor announced he
had proceeded to open an investigation into the Situation in Ukraine on the
basis of the referrals received. In accordance with the overall
jurisdictional parameters conferred through these referrals, and
without prejudice to the focus of the investigation, the scope of the situation
encompasses any past and present allegations of war crimes, crimes against
humanity or genocide committed on any part of the territory of Ukraine by any person
from 21 November 2013 onwards.
On 11 March 2022, the Prosecutor confirmed that
two additional States, Japan and North
Macedonia, have referred the Situation in Ukraine to the Office. On
21 March 2022, Montenegro further
informed the Office of it's decision to join the group State Party referral,
and on 1 April 2022, the Republic
of Chile joined the group State Party referral of the
situation.
The Office of the Prosecutor has established a
dedicated portal through which any person that may hold information
relevant to the Ukraine situation can
contact ICC investigators.
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