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War crimes in the Russian invasion of Ukraine

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Situation in Ukraine
The seal of the International Criminal Court
The seal of the International Criminal Court
Referred byAlbania, Australia, Austria, Belgium, Bulgaria, Canada, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, North Macedonia, Norway, Netherlands, New Zealand, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom
Date referred25 February 2022
Date openedMarch 3, 2022 (2022-03-03)
Incident(s)2022 Russian Invasion of Ukraine
CrimesViolations of International Law:
· War Crimes
· Crimes Against Humanity
· Genocide
Status of suspect
Russian FederationFull ICC Investigation
is underway
Ukrainian civilian killed during the Russian bombing of Chernihiv.

According to many specialists, the invasion of Ukraine, part of the Russo-Ukrainian War that started in 2014, violated the Charter of the United Nations prohibition on aggression and constitutes a crime of aggression according to international criminal law. Many indiscriminate attacks on civilian areas by Russian forces have occurred during the 2022 Russian invasion of Ukraine, which may constitute war crimes.[1][2]

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. While many events in the invasion are debated as to whether they constitute a war crime, the general consensus designates it as such.[3][4][5]

Attacks on civilian areas

Shelling of Kharkiv regional administration
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". In addition, Russia has falsely claimed to have only used precision-guided weapons. Three documented attacks, in Vuhledar, Kharkiv and Uman, Amnesty International stated 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]

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.[6][7]

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."[8][9]

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 casualties in the first week of the invasion, but that it believed that "the real figures are considerably higher."[10]

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."[11]

Use of cluster munitions

The Vuhledar attack, at 10:30 (UTC) on 24 February, was the result of a 9M79 Tochka missile, 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."[12] 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.[13]

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.[14] 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.[14]

On 4 March, Human Rights Watch stated that "Russian forces fired cluster munitions into at least three residential areas in Kharkiv" on 28 February, killing at least three civilians.[15]

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.[16] The next day, the International Committee of the Red Cross (ICRC) announced that a second attempt to establish an evacuation corridor had failed.[17] On 7 March, the ICRC announced that it had found that one of the routes listed for evacuations during a ceasefire had been mined.[18] 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,"[19] though New York Times reporters on the scene confirmed that Ukrainian forces fired mortar rounds in the direction of the Russian forces from a military position about 180 meters from the location.[20]

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 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.[21]

Thermobaric weapons

On 28 February, Oksana Markarova, the Ukrainian ambassador to the United States, stated that Russian forces used a thermobaric bomb in Okhtyrka.[22][23][24] International law does not prohibit the use of thermobaric munitions, fuel-air explosive devices, or vacuum bombs against military targets.[25][26] Their use against civilian populations may be banned by the United Nations (UN) Convention on Certain Conventional Weapons (CCW).[27] Markarova claimed that the use of thermobaric weapons is in violation of the Geneva Conventions.[28][29][30] 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.[22] The attack destroyed a Ukrainian military base, killing 70 soldiers.[31]

Targeting of nuclear power plants

On 3 March, Russian troops attacked the Zaporizhzhia Nuclear Power Plant, Europe's largest. This resulted in many across the world worrying about an incident similar to Chernobyl. Thankfully, modern reactors have many safety procedures to prevent incidents and upon Russian arrival, the workers activated the control rods, avoiding any possible meltdown. The shelling hit various buildings, including the first power unit. A fire broke out due to the shelling which was quickly extinguished.[32][33][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".[34][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.[34]

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."[35]

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.[36][37] These 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."[38][39] 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.[40]

Attacks on civilians

Residential building in Kyiv, Ukraine, after an attack. 26 February 2022.
Residential building in Kyiv, Ukraine, after an attack. 26 February 2022.

Attacks on hospitals and medical care facilities

On 11 March, the World Health Organization (WHO) reported that there have been 26 verified Russian attacks on health care facilities in Ukraine, occurring between 24 February and 11 March 2022.[41] On 10 March, WHO had also reported 5 attacks on ambulances or medical workers outside of medical care facilities by 8 March.[42]

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

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, and 3 among them were children.[46][47] Under the procedural guidance of the Sumy District Prosecutor's Office, criminal proceedings have been instituted for violating the laws and customs of war.[48]

Kharkiv Oblast

On 4 March 122 civilians, including five children, were killed in the Kharkiv region.[49]

On 8 March, Russian forces bombed a hospital in Izium, the hospital was totally destroyed.[50] This shelling has been regarded as a war crime by region authorities.[51]

Kyiv Oblast

Bucha shooting

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]

Irpin shelling

Main article: Irpin refugee column shelling

On 6 March 2022, from 9:30 a.m. until 2 p.m. local time, the Russian Armed Forces repeatedly shelled an intersection in Irpin that hundreds of civilians were using to escape to Kyiv, whilst Ukrainian forces fired mortar rounds at Russian forces from a military position about 180 meters from the intersection.[52] Human Rights Watch stated that "Both sides in this conflict have an obligation to take all feasible steps to avoid civilian harm and to allow the civilian population to evacuate safely."[53] It was part of an assault on Irpin. Eight civilians were killed.[53][54][55]

Mariupol Hospital attack

Main articles: Mariupol hospital airstrike and Siege of Mariupol

On 9 March, Russian forces bombed a maternity and children's hospital in Mariupol.[56] The hospital was destroyed.[57] British prime minister Boris Johnson described the bombing as "depraved".[58] Dmytro Kuleba called the bombing a "petrifying war crime".[59]

The pregnant woman videotaped being carried out wounded on a stretcher in the bombing of the maternity hospital (accused by Russia of being an actress) was moved to another hospital and died on 13 March after her child was stillborn. She had suffered numerous injuries in the bombing, including a crushed pelvis and detached hip, which contributed to the stillbirth of her child.[60]

Intelligence satellite photos show "extensive damage" to civilian residential areas in Mariupol

Satellite photos of Mariupol taken the morning of 9 March were reported by the science news outlet, Space.com, to show "extensive damage" to high-rise apartments, residential homes, grocery stores and other civilian infrastructure. This was determined by comparing before and after photos.[61] The company operating the space satellite and its cameras that provided these photos works for U.S. intelligence agencies and the US military.[62][63][64]

ICRC announces major “humanitarian catastrophe” in Mariupol

On 13 March the International Committee of the Red Cross (ICRC) warned that time was "running out" for those trapped by the Russian Army siege in Mariupol and that citizens there face a "a worst-case scenario" unless the warring parties reach an agreement to ensure their immediate safety and access to humanitarian aid. The ICRC said "a concrete, precise, actionable agreement" was needed without delay so civilians wanting to leave can reach safety, and life-saving aid can reach those who stay.[65]

“The situation is catastrophic; it has been catastrophic for days,” the ICRC’s Jason Straziuso Reported. [66]

On 14 March another spokesman for the ICRC announced that “hundreds of thousands” of people in the city are “facing extreme or total shortages of basic necessities like food, water and medicine.”[67]

On the same day more than 160 private cars left the city for Zaporizhia via the humanitarian corridor after previous attempts had failed five times.[68]

Allegations of up to 20,000 deaths due to mass shelling and bombing of residential areas in Mariupol

15 March, Pyotr Andryushchenko, an adviser to the city government, estimated that around 80 percent of the residential housing stock had been destroyed, and that the total number of civilians killed could be as high as 20,000.[69]

Other incidents

According to Ukrainian officials, Russian forces used explosives hidden in a children's toy, mobile phones, and valuables.[70][71]

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".[72][73]

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."[74] 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.[75]

On 3 March, after 39 states referred the situation in the Ukraine to the ICC, the ICC chief prosecutor's office started the procedures for collecting evidence of alleged war crimes, crimes against humanity, and genocide committed by any individuals (of any nationality) during the invasion. The news followed the referral of the situation in Ukraine to the ICC by 39 states.[76]

The implementation of arrest warrants issued by the ICC against suspects located in Russia would be difficult, since Russia is not a member of the ICC.[77][78]

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

The countries that referred the case of war crimes in Ukraine to the ICC includes the following:[79][80]

  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. Japan
  24. Latvia
  25. Liechtenstein
  26. Lithuania
  27. Luxembourg
  28. Malta
  29. North Macedonia
  30. Norway
  31. Netherlands
  32. New Zealand
  33. Poland
  34. Portugal
  35. Romania
  36. Slovakia
  37. Slovenia
  38. Spain
  39. Sweden
  40. Switzerland
  41. United Kingdom

International Court of Justice

Main article: Ukraine v. Russian Federation (2022)
Ukraine v. Russian Federation
CourtInternational Court of Justice
Full case name Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide
Started26 February 2022
Transcriptwww.icj-cij.org/public/files/case-related/182/182-20220307-ORA-01-00-BI.pdf

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.[81][82]

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.[83] 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.[84]

On 16 March the International Court of Justice issued an injunction ordering Russia to stop all military action in Ukraine immediately.

Gyunduz Mamedov, a former deputy Prosecutor General of Ukraine, stated on 25 February 2022 that he was gathering evidence of war crimes.[85] 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.[86] On 26 February, Ukrainian prime minister Denys Shmyhal said that Russia was committing war crimes.[87]

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".[88]

On 15 March, The U.S. Senate unanimously passed a resolution condemning Russian President Vladimir Putin as a war criminal, a rare show of unity in the deeply divided Congress.[89]

See also

References

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Wikimedia Commons has media related to War crimes during the 2022 Russian invasion of Ukraine.
  1. ^ "Ukraine war: Pregnant woman and baby die after hospital shelled". BBC News. 14 March 2022. Archived from the original on 14 March 2022. Retrieved 14 March 2022.
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