The UN Independent International Commission of Inquiry on Ukraine concluded [6] Nov. 5 that Russian authorities have committed torture in Ukraine, constituting a crime against humanity. The commission's report confirmed [7] that torture practices were widespread in all Ukrainian provinces under Russian control, and in Russia's detention facilities. The commission collected testimonies from civilians who had been detained in Russian-occupied Ukraine and prisoners of war [8] who had been held in Russia. These testimonies described a "brutal admission procedure" to promote a climate of fear in the detention facilities. The report documented the use of sexual violence [9] during detention, as well as the practice of torture during interrogation, including severe beatings, electric shocks, and burns to body parts.
The report concluded by condemning these crimes and calling on Russia to immediately cease its aggression and bring its practices in line with international law. The commission also recommended Ukraine continue to develop a comprehensive reparations program, address psycho-social needs, ensure a gender-sensitive and survivor-centered accountability process, and harmonize its legislation relating to war crimes with international standards. Lastly, the commission said that other states and international organizations should strengthen accountability mechanisms and continue collaborating with the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine [11].
In an interview with UN News, commissioner Pablo de Greiff outlined [12] the challenges in collecting evidence during the investigation, and expressed appreciation for the support of local organizations on the ground in Ukraine with specialized regional knowledge.
Apart from the crime against humanity of torture that took place within detention facilities, De Grieff also asserted that Russia's attacks targeting energy-related infrastructure [13] and other civilian objects have violated international humanitarian law and may constitute war crimes under Articles 7 and 8 of the Rome Statute [14].
De Greiff expressed hope that the report and the collected evidence will help Ukrainian prosecutors and the International Criminal Court carry out their mandates. Beyond judicial accountability, he also said he hoped the report will serve the aim of truth-telling for reparations and prevention.
Under Article 57 [15] of Additional Protocol I of the Geneva Conventions, international humanitarian law obligates countries to take precautions to avoid or minimize incidental civilian losses. Previously, the Office of the UN High Commissioner for Human Rights also concluded [16] that Russia's large-scale attack on electricity infrastructure in Ukraine has violated all three international humanitarian law principles for the protection of civilians and civilian objects—the principles of distinction, proportionality and precaution.
From Jurist [17], Oct. 31. Used with permission.
Note: The recent call for UN convention on crimes against humanity [18] cited Russian war crimes [19] in Ukraine.
