TWN Info Service on UN Sustainable Development (Mar22/03)
7 March 2022
Third World Network

UN: HRC establishes probe into alleged violations by Russia in Ukraine
Published in SUNS #9528 dated 7 March 2022

Geneva, 4 Mar (Kanaga Raja) – The UN Human Rights Council (HRC) on 4 March decided to urgently establish an independent international commission of inquiry to investigate “all alleged violations and abuses of human rights and violations of international humanitarian law, and related crimes”, in the context of “the Russian Federation’s aggression against Ukraine”.

In a resolution (A/HRC/49/L.1) adopted by a roll-call vote and as orally revised, the Council condemned in the strongest possible terms the human rights violations and abuses and violations of international humanitarian law resulting from the Russian Federation’s aggression against Ukraine.

It reaffirmed its strong commitment to the sovereignty, political independence, unity and territorial integrity of Ukraine within its internationally recognized borders, extending to its territorial waters.

The Council called upon the Russian Federation to immediately end its human rights violations and abuses and violations of international humanitarian law in Ukraine, and called for the strict observance of all human rights and fundamental freedoms, and for the protection of civilians and critical civilian infrastructure in Ukraine.

The Human Rights Council held an urgent debate on 3 March on the “situation of human rights in Ukraine stemming from the Russian aggression”, during its current 49th regular session.

The urgent debate was formally requested by Ukraine in a letter sent to the President of the Human Rights Council, Ambassador Federico Villegas from Argentina, on 24 February.

The urgent debate, which began on 3 March and continued into 4 March, concluded with the resolution presented by Ukraine being adopted by a vote of 32 in favour, two against and 13 abstentions.

Those that voted in favour of the resolution were Argentina, Benin, Brazil, Cote d’Ivoire, Finland, France, Gambia, Germany, Honduras, Indonesia, Japan, Libya, Lithuania, Luxembourg, Malawi, Malaysia, the Marshall Islands, Mauritania, Mexico, Montenegro, Nepal, the Netherlands, Paraguay, Poland, Qatar, Republic of Korea, Senegal, Somalia, Ukraine, United Arab Emirates, the United Kingdom, and the United States.

Those that voted against the resolution were Eritrea and the Russian Federation.

Those that abstained in the vote were Armenia, Bolivia, Cameroon, China, Cuba, Gabon, India, Kazakhstan, Namibia, Pakistan, Sudan, Uzbekistan and Venezuela.

In her opening statement at the urgent debate on 3 March, Ms Michelle Bachelet, the UN High Commissioner for Human Rights, said that one week ago, the Russian Federation’s military attack on Ukraine opened “a new and dangerous chapter in world history.”

“The attack that began on 24 February is generating massive impact on the human rights of millions of people across Ukraine. Elevated threat levels for nuclear weapons underline the gravity of the risks to all of humanity,” said Ms Bachelet.

“Military operations are escalating further as we speak, with military strikes on and near large cities, including Chernihiv, Kharkiv, Kherson, Lysychansk, Sievierodonetsk, Sumy, Mariupol and Zhytomyr, and the capital, Kyiv. The town of Volnovakha in Donetsk region has been almost completely destroyed by shelling, and its remaining residents have been hiding in basements,” said the High Commissioner.

She said that by the night of 1 March, her Office had recorded and confirmed 752 civilian casualties, including 227 killed – 15 of them children. At least 525 have been injured, including 28 children.

“I will disaggregate these figures in terms of the regions affected: 323 casualties (65 killed and 258 injured) were recorded in Donetsk and Luhansk regions.”

She said 429 casualties (162 killed and 267 injured) were recorded in other regions of Ukraine – the city of Kyiv, and Cherkasy, Chernihiv, Kharkiv, Kherson, Kyiv, Odesa, Sumy, Zaporizhzhia, and Zhytomyr regions.

The High Commissioner emphasized that the real figures will be far higher, since numerous other casualties are pending confirmation, and information from some areas engaged in intense hostilities has been delayed.

“Most civilian casualties were caused by the use of heavy artillery, multi-launch rocket systems and air strikes in populated areas, with concerning reports of use of cluster munitions striking civilian targets,” said the rights chief.

“Massive damage to residential buildings has been inflicted. The use of weapons with wide area effects in populated urban areas risks being inherently indiscriminate, and I call for the immediate cessation of such force,” said Ms Bachelet.

She noted that there has also been substantial damage to a significant number of civilian objects, including a hospital, schools and kindergartens.

“Essential infrastructure has been heavily damaged – cutting off critical supplies and services, including electricity, water and access to healthcare.”

The High Commissioner pointed out that on 26 February, Russian troops near Kherson reportedly fired on an ambulance that was transporting seriously wounded victims – the driver was killed and one paramedic was injured.

She also said that over two million people have been forced to flee their homes, and that according to UNHCR (UN Refugee Agency) estimates, one million are internally displaced.

A further 1,040,000 refugees have sought safety in neighbouring countries in the past seven days – often after travelling for days by bicycle or on foot, in freezing conditions.

According to Ms Bachelet, UNHCR has estimated that up to four million people could leave the country in the coming weeks if the conflict continues.

The High Commissioner commended the welcome that Ukrainians leaving the country have received. However, Ms Bachelet stressed that this welcome must be extended to all those fleeing conflict, regardless of their citizenship, ethnicity, migration or other status.

“There have been disturbing indications of discrimination against African and Asian nationals while fleeing, and the Office will be watching this situation attentively,” she said.

“Tens of millions of people remain in the country, in potentially mortal danger. I am deeply concerned that the current escalation of military operations will further heighten the harm they face.”

The High Commissioner also pointed out that thousands of people, including older people, pregnant women, as well as children and people with disabilities, are being forced to gather in underground shelters and subway stations to escape explosions.

Many people in situations of vulnerability are separated from families and effectively trapped, she added.

“We are here to demonstrate and uphold our commitment to multilateralism and human rights. I echo the powerful call by the General Assembly yesterday for an immediate resolution of the conflict through peaceful means,” said Ms Bachelet.

“States must abide by international law and the core principles that protect human life and human dignity. It is imperative that full access for the delivery of humanitarian assistance to civilians across the entire country be enabled.”

The High Commissioner also strongly urged the full protection of civilians, as well as captured soldiers, as required under international humanitarian law.

“It is a reality that, in armed conflict, there are incidents that violate the binding norms of international armed conflict. It is in all States’ interest to ensure that those standards are met, and that there is due accountability where they are not,” she said.

The High Commissioner noted that, at the international level, the International Court of Justice has been formally seized of proceedings connected to the conflict, and will begin hearings on 7 March on a request for provisional measures.

In addition, the Prosecutor of the International Criminal Court has announced his decision to immediately proceed with active investigations on the situation in Ukraine, following referrals by a broad number of States.

“And this Council has before it an important proposal, building on established practice, to widen accountability avenues through an independent international commission of inquiry,” said Ms Bachelet.

She recalled the UN Secretary-General as saying that the UN Charter has always “stood firm on the side of peace, security, development, justice, international law and human rights – and time after time, when the international community has rallied together in solidarity, those values have prevailed.”

“It is vital that they prevail today, in Ukraine – and elsewhere,” said the High Commissioner.

RESOLUTION ON UKRAINE

In the resolution adopted on 4 March, the Human Rights Council condemned in the strongest possible terms the human rights violations and abuses and violations of international humanitarian law resulting from the Russian Federation’s aggression against Ukraine.

It reaffirmed its strong commitment to the sovereignty, political independence, unity and territorial integrity of Ukraine within its internationally recognized borders, extending to its territorial waters.

The Council called upon the Russian Federation to immediately end its human rights violations and abuses and violations of international humanitarian law in Ukraine, and called for the strict observance of all human rights and fundamental freedoms, and for the protection of civilians and critical civilian infrastructure in Ukraine.

It called for the swift and verifiable withdrawal of Russian Federation troops and Russian-backed armed groups from the entire territory of Ukraine, within its internationally recognized borders, as well as its territorial waters, in order to prevent further violations and abuses of human rights and violations of international humanitarian law in the country, and stressed the urgent need for the immediate cessation of military hostilities against Ukraine.

The Council urged immediate, safe and unhindered humanitarian access, including across conflict lines, to ensure that humanitarian assistance reaches all those in need, particularly those in vulnerable situations, and to respect the independence and impartiality of humanitarian agencies and ensure the protection of humanitarian personnel and medical personnel exclusively engaged in medical duties.

It expressed grave concern at the documented harm to the enjoyment of many human rights, including the rights to life, education, and the highest attainable standard of physical and mental health, caused by Russian shelling and bombing in populated areas.

The Council stressed the importance of maintaining free, open, interoperable, reliable and secure access to the Internet, and condemned unequivocally any measures that prevent or disrupt an individual’s ability to receive or impart information online or offline, including partial or complete Internet shutdowns.

It further stressed that all those fleeing from the conflict in Ukraine should be protected without discrimination, including on the basis of racial, national, and ethnic identity.

The Council encouraged relevant thematic special procedure mandate holders, within their respective mandates, to pay particular attention to the situation of human rights in Ukraine.

The Council stressed the importance of ensuring accountability for violations and abuses of human rights and violations of international humanitarian law, and underscored the urgency of initiating a prompt, independent and impartial investigation into all alleged abuses and violations to end impunity and ensure accountability for those responsible.

In this context, the Council decided to urgently establish an independent international commission of inquiry, constituted by three human rights experts, to be appointed by the President of the Human Rights Council for an initial duration of one year, complementing, consolidating, and building upon the work of the HRMMU (the UN Human Rights Monitoring Mission in Ukraine), and in close coordination with the HRMMU and OHCHR (the Office of the High Commissioner for Human Rights), with the following mandate:

(a) To investigate all alleged violations and abuses of human rights and violations of international humanitarian law, and related crimes, in the context of the Russian Federation’s aggression against Ukraine, and to establish the facts, circumstances, and root causes of any such violations and abuses;

(b) To collect, consolidate and analyze evidence of such violations and abuses, including their gender dimension, and to systematically record and preserve all information, documentation and evidence, including interviews, witness testimony and forensic material, consistent with international law standards, in view of any future legal proceedings;

(c) To document and verify relevant information and evidence, including through field engagement, and to cooperate with judicial and other entities, as appropriate;

(d) To identify, where possible, those individuals and entities responsible for violations or abuses of human rights or violations of international humanitarian law, or other related crimes, in Ukraine, with a view to ensuring that those responsible are held accountable;

(e) To make recommendations, in particular on accountability measures, all with a view to ending impunity and ensuring accountability, including, as appropriate, individual criminal responsibility, and access to justice for victims;

(f) To provide the Human Rights Council, at its fifty-first session, with an oral update, to be followed by an interactive dialogue, and a comprehensive written report at its fifty-second session, to be followed by an interactive dialogue, and to submit a report to the General Assembly at its seventy-seventh session.

The Council requested the immediate operationalization of the mandate, and requested the Secretary-General to provide all the resources necessary to enable the commission of inquiry to carry out its mandate and the resources and expertise necessary to enable the Office of the United Nations High Commissioner for Human Rights to provide such administrative, technical and logistical support as is required to implement the provisions of the present resolution, in particular in the areas of fact-finding, legal analysis and evidence-collection.

The Council called upon all relevant parties and States, and encouraged civil society, the media and other relevant stakeholders, to cooperate fully with the commission of inquiry to allow it to effectively fulfil its mandate, and to provide it with relevant information or documentation they may possess or come to possess, as appropriate.

The Council also called upon the relevant organs, bodies and agencies of the United Nations system to cooperate fully with the commission of inquiry and to respond promptly to any request made by it, including with regard to access to relevant information and documentation.