Interim Report on reported violations of international humanitarian law and international human rights law in Ukraine
Source: OSCE
Since the first hours of the military attack launched by the Russian Federation in Ukraine on 24 February, the terrible impact of the ongoing war on the human security of the people of Ukraine, with its devastating civilian suffering and casualties, appeared clear for all to see.
At the same time, the European security order and the international legal framework have been profoundly impacted by the armed conflict, including the very core principles of the Helsinki Final Act of 1975. As the main institution of the OSCE Human Dimension of Security and prominent human rights body worldwide, ODIHR has initiated monitoring of violations of international humanitarian and human rights law from the very beginning of this armed conflict. With monitoring initially conducted remotely through open resources and at present with the addition of ODIHR monitors deployed on the ground in Ukraine, the Office demonstrated its ability and commitment to adapt to the challenging situation and implement its mandate.
As we all know, the OSCE was established with a simple but powerful mission: to increase security in Europe through an order based on common rules and values. To this end, ODIHR was established and mandated in 1992 in Helsinki to assist the OSCE participating States in the implementation of their commonly shared commitments on the so-called Human Dimension, with a strong monitoring mandate.
Over the years, ODIHR has engaged in regular monitoring across OSCE participating States and has, at times of particular concern, exercised this mandate in a more comprehensive manner. This monitoring initiative, partially, builds on these experiences and the methodology developed and refined by ODIHR over the past decades.
This Interim Report, which covers the period from the beginning of the armed conflict in February until the end of June 2022, offers initial findings and recommendations connected to violations of international humanitarian and human rights law in Ukraine by both the Russian Federation and Ukrainian military forces. Its initial conclusions express clear concern in terms of general disregard by the Russian Federation for the basic principles of distinction, proportionality and precautions set out by international humanitarian law, which may amount to war crimes and crimes against humanity.
To a much more limited extent, there are indications that Ukrainian armed forces at times also failed to comply with specific international humanitarian law rules on the conduct of hostilities. In line with its established monitoring methodology, ODIHR has requested relevant information from both parties to the conflict to inform its work and findings, and will continue to do so in the coming months. By the end of November 2022, ODIHR will publish the next Report from this monitoring exercise, building on the findings of this Interim Report and further expanding its collection of evidence.
This Interim Report aims inter alia at promoting accountability for the violations of international humanitarian and human rights law in the context of the war by establishing their factual circumstances. Although the monitoring does not seek to establish individual criminal responsibility in cases of violations, its findings may be relevant for national and international bodies or institutions that are or potentially will be working on ensuring accountability and criminal responsibility for those violations.
I wish to thank the survivors and witnesses who agreed to be interviewed and share their experiences and testimonies, all the civil society organizations and human rights defenders who helped and continue to help ODIHR with fulfilling its important mandate, as well as all ODIHR staff for all their hard work.
Matteo Mecacci
ODIHR Director
View the document ➚
Since the first hours of the military attack launched by the Russian Federation in Ukraine on 24 February, the terrible impact of the ongoing war on the human security of the people of Ukraine, with its devastating civilian suffering and casualties, appeared clear for all to see.
At the same time, the European security order and the international legal framework have been profoundly impacted by the armed conflict, including the very core principles of the Helsinki Final Act of 1975. As the main institution of the OSCE Human Dimension of Security and prominent human rights body worldwide, ODIHR has initiated monitoring of violations of international humanitarian and human rights law from the very beginning of this armed conflict. With monitoring initially conducted remotely through open resources and at present with the addition of ODIHR monitors deployed on the ground in Ukraine, the Office demonstrated its ability and commitment to adapt to the challenging situation and implement its mandate.
As we all know, the OSCE was established with a simple but powerful mission: to increase security in Europe through an order based on common rules and values. To this end, ODIHR was established and mandated in 1992 in Helsinki to assist the OSCE participating States in the implementation of their commonly shared commitments on the so-called Human Dimension, with a strong monitoring mandate.
Over the years, ODIHR has engaged in regular monitoring across OSCE participating States and has, at times of particular concern, exercised this mandate in a more comprehensive manner. This monitoring initiative, partially, builds on these experiences and the methodology developed and refined by ODIHR over the past decades.
This Interim Report, which covers the period from the beginning of the armed conflict in February until the end of June 2022, offers initial findings and recommendations connected to violations of international humanitarian and human rights law in Ukraine by both the Russian Federation and Ukrainian military forces. Its initial conclusions express clear concern in terms of general disregard by the Russian Federation for the basic principles of distinction, proportionality and precautions set out by international humanitarian law, which may amount to war crimes and crimes against humanity.
To a much more limited extent, there are indications that Ukrainian armed forces at times also failed to comply with specific international humanitarian law rules on the conduct of hostilities. In line with its established monitoring methodology, ODIHR has requested relevant information from both parties to the conflict to inform its work and findings, and will continue to do so in the coming months. By the end of November 2022, ODIHR will publish the next Report from this monitoring exercise, building on the findings of this Interim Report and further expanding its collection of evidence.
This Interim Report aims inter alia at promoting accountability for the violations of international humanitarian and human rights law in the context of the war by establishing their factual circumstances. Although the monitoring does not seek to establish individual criminal responsibility in cases of violations, its findings may be relevant for national and international bodies or institutions that are or potentially will be working on ensuring accountability and criminal responsibility for those violations.
I wish to thank the survivors and witnesses who agreed to be interviewed and share their experiences and testimonies, all the civil society organizations and human rights defenders who helped and continue to help ODIHR with fulfilling its important mandate, as well as all ODIHR staff for all their hard work.
Matteo Mecacci
ODIHR Director
View the document ➚