The 53rd Session of the Human Rights Council
19th June – 14th July 2023
Agenda Item 3 - Technical Assistance and Capacity-building
Interactive Dialogue with the High Commissioner for Human Rights on Ukraine
12th July 2023
By Conall Corrigan / GICJ
Executive Summary
During the 33rd meeting of the 53rd session of the HRC, Volker Türk, the United Nations High Commissioner for Human Rights discussed the reports of his office and the Secretary-General’s office on the ongoing human rights situation in Ukraine.
500 days have passed since the beginning of the war and Mr Türk outlined the devastating civilian cost of the conflict. More than 9000 civilians, including 500 children, have been killed since the outbreak of hostilities, although the real figures are likely much higher. The Office of the High Commissioner’s (OHCHR) report examines the situation of civilians who have been detained in the context of the war. The High Commissioner’s report is based on findings between the 24th of February 2022 and the 23rd of March 2023. The report details instances of torture, enforced disappearances and summary executions primarily committed by Russian forces against Ukrainian civilians and Prisoners of War (POWs).
The Secretary General’s report outlines numerous human rights violations in the temporarily occupied autonomous republic of Crimea and the city of Sevastopol, Russia-occupied areas of Kherson, Zaporizhzhia and Donetsk, as well as Luhansk regions of Ukraine. The report notes a litany of abuses in these areas including the use of forced conscription, arbitrary arrest, denial of the right to due process and a fair trial, as well as the use of torture against civilians.
Geneva International Centre for Justice (GICJ) welcomes the reports of the High Commissioner and the Secretary-General and all efforts to document the blatant and egregious violations of international humanitarian and human rights law in Ukraine. Throughout the conflict, the international community has witnessed flagrant violations of international law which greatly undermine the principles of the UN Charter. All actors in the conflict must abide by their obligations under international law and work towards a peaceful resolution.
Background
On the 24th of February 2022, an urgent debate by the HRC on ‘the situation of human rights in Ukraine stemming from Russian aggression’, was requested by Ukraine and was held on the 3rd and 4th of March. As a result of this meeting, member states adopted resolution 49/1 on the ‘Situation of human rights in Ukraine stemming from the Russian aggression’, which condemned the abuses and violations of IHRL and IHL resulting from the Russian Federation’s actions against Ukraine.
The Secretary-General’s report was submitted pursuant to General Assembly resolution 77/229, in which the Assembly requested the Secretary-General to report to it at its seventy-eighth session on the progress made in the implementation of the resolution, including options and recommendations to improve its implementation, and to submit an interim report to the Human Rights Council at its 53rd session. This is the eighth report of the Secretary-General on the human rights situation in the temporarily occupied Autonomous Republic of Crimea and the city of Sevastopol, Ukraine. It covers the period from 1 July to 31 December 2022.
Additionally, under Resolution 47/22 on cooperation with and assistance to Ukraine in the field of human rights, the Human Rights Council asked the United Nations High Commissioner for Human Rights to continue to present an oral update to member states of the Human Rights Council on the human rights situation in Ukraine as part of an interactive dialogue.
Summary of the Report of the Special Rapporteur on Extreme Poverty and Human Rights
Mr Türk began his oral update by noting that the Russian Federation’s war on Ukraine continues to generate severe and far-reaching violations of human rights across the country. The human rights monitoring mission in Ukraine continues to outline the huge civilian cost of the war which includes the deaths of over 9000 civilians. The OHCHR’s report documents the treatment of civilians who have been detained within the context of the war and its findings are based on 274 site visits including 70 visits to official detention facilities and interviews with 1136 people. In the report, the arbitrary detention of more than 900 individual civilians, including 8 children, was documented between the 24th of Feb 2022 and the 23rd of May 2023. However, the Russian Federation gave no access to places of detention which inevitably leads to undercounting. Despite this, the OHCHR was able to interview 108 detainees who had been held by Russia after their release. In total 864 of the cases that were documented were perpetrated by the Russian Federation, many of them were incommunicado and their detentions were tantamount to enforced disappearances. Civilians detained by the Russian Federation whom the OHCHR were able to interview included local public officials, humanitarian volunteers, former soldiers, perceived political opponents, priests and teachers. Over 90 per cent of detainees held by the Russian Federation whom they were able to interview stated that they had been subjected to torture and ill-treatment including sexual violence in some cases by Russian Security personnel. Mr Türk stated that his report had documented the summary executions of 77 civilians while they were arbitrarily detained by Russian forces. In 26 per cent of cases, detainees were transferred to other areas of occupied Ukraine or the Russian Federation without information being provided to their families. Several documented cases also suggest that detained civilians have been used by Russian armed forces as human shields in order to render certain areas immune from military attacks.
Mr Türk labelled the findings as “shocking” and called on Russia to take concrete measures to instruct and ensure their armed forces comply with International Human Rights Law (IHRL) and International Humanitarian Law (IHL). The High Commissioner noted that his office was given extensive and unimpeded access to places of detention under the control of Ukrainian authorities. In this instance, the monitoring mission documented 75 cases of arbitrary detention, many of which were people suspected of criminal offences related to the war. Many instances of arbitrary detentions also arose from excessively broad amendments to criminal legislation under Martial law. Ukrainian personnel in unofficial places of detention, or to a much less extent in official pretrial detention facilities, engaged in torture or ill-treatment including sexual violence mostly involving threats. The High Commissioner expressed particular concern about the so-called law on collaboration activities adopted in March 2022 which criminalises a wide range of activities including conduct that may be permitted under IHL and has led to cases of arbitrary detention.
The Secretary General’s report discusses human rights violations in the temporarily occupied autonomous republic of Crimea and the city of Sevastopol, Russia-occupied areas of Kherson, Zaporizhzhia and Donetsk, as well as Luhansk regions of Ukraine. From the 1st of July 2022 to the 31st of Dec 2022, his office has documented 60 cases of arbitrary arrests in these areas by Russian security personnel as well as enforced disappearances and torture. Regarding forced conscription, Mr Türk highlighted that 2,500 men from Crimea were conscripted during the reporting period whilstthe OHCHR has documented 112 criminal prosecutions for so-called draft evasion in 2022. The High Commissioner expressed deep concern about the population transfers of civilians. During the reporting period, his office collected information about 23 residents who were arrested by Russian security forces and transferred across the administrative boundary line to Crimea. Russian authorities have continued to transfer Ukrainian citizens, whom they consider foreigners, out of Crimea. Moreover, in Crimea and other occupied areas of Ukraine, extensive violations of the right to freedom of opinion, expression, peaceful assembly and association have been documented including new sanctions for publicly voicing opinions that discredit the Russian armed forces. Mr Türk stated that such violations can lead to a further deterioration of the operating environment for human rights defenders. Additionally, the denial of the right to due process and a fair trial remains a systemic issue in Crimea. The OHCHR has verified 16 cases where courts have convicted Ukrainian citizens following proceedings that disregarded fair trial guarantees.
Regarding accountability for abuses and violations committed during this war, the High Commissioner stressed that this continues to be largely absent. He is not currently aware of any ongoing investigations by the Russian Federation in relation to arbitrary detention, enforced disappearances, torture or ill-treatment perpetrated by its forces in Ukraine against civilians. Moreover, he expressed alarm that the Russian Parliament has recently adopted a federal law that would potentially exempt perpetrators of international criminal offences committed in occupied regions of Ukraine from criminal liability. Mr Türk stressed that international law prohibits granting such amnesty in relation to serious violations of IHL and gross violations of IHRL. In Ukraine, while numerous proceedings have been initiated, he is aware of no completed criminal investigations of Ukrainian personnel for arbitrary detention, enforced disappearances or torture against civilians. The High Commissioner welcomed the creation of a mechanism by Ukraine to compensate victims of conflict-related arbitrary detention and enforced disappearance.
The High Commissioner also highlighted the environmental damage being committed in the region which he noted is one of the horrific byproducts of this war which will have grave repercussions for generations to come. Moreover, he also voiced concern for the enormous human rights implications of the precarious situation in Zaporizhzhia and other nuclear plants. The High Commissioner concluded by reminding the Council that these and other human rights issues have very far-reaching impacts across the region and world given Ukraine’s essential role in global food supplies and other key trade sectors. He stated that there is only one solution to this situation and encouraged all those with influence on the situation to work to ensure a just peace in line with UN Charter and international law.
Speaker of the Country Concerned
Ms Emine Dzhaparova, First Deputy Minister of Foreign Affairs of Ukraine began by highlighting that her office’s report points to the drastic human rights ramifications of the unprovoked and unjustified Russian aggression to all Ukrainian people including the right to life. The representative informed the Council that Russian aggression has been destroying essential infrastructure as well as fundamental human rights. So far Russia has killed at least 494 children and injured more than 1000 girls and boys throughout the country. She added that it is hard to imagine how many children have been abducted by Russia or how many have become orphans since the beginning of the war. Regarding the recent destruction of the Kakhovka Dam, Ms Dzhaparova noted that this has caused the largest manmade environmental catastrophe in modern Europe affecting Ukraine’s economy, agriculture, and cultural heritage but most importantly the lives and livelihoods of ordinary Ukrainians. The representative stressed that the Secretary-General’s report highlights that the international community should not lose sight of the human rights situation in Crimea. She noted that since 2014, a once prosperous Crimea has become an “open-aired prison” where violations of human rights have been regularly performed. Moreover, the political persecution of all those who have opposed Russia’s occupation of the peninsula remains an everyday grim reality for the residents of Crimea. She added that her office has taken note of the alleged violations committed by the Ukrainian side and of the recommendations in the report which will be closely examined. Ms Dzhaparova lamented that international human rights and humanitarian mechanisms have been consistently denied access to the Ukrainian territories occupied by Russia. She urged the Council to do more to ensure the return of Ukrainian children, POWs, civilians, and political prisoners. The delegate added that it is time for the international system to ensure perpetrators are made to stand trial for their crimes. With this in mind, she underlined that Ukraine will continue its important work on the establishment of a special tribunal to hold Russia’s war criminals accountable.
Interactive Dialogue
The representative of the European Union emphasised that the advice provided by the monitoring mission to the government has proven instrumental for Ukraine’s efforts to strengthen human rights protections and foster access to justice domestically. She added that the objective reporting of the monitoring mission has furthermore advanced accountability for human rights violations and its continued presence is vital. The delegate underlined that Russia’s war of aggression has continued to cause immense suffering within Ukraine with far-reaching negative consequences across the world. The EU strongly condemned Russia’s war against Ukraine which the representative stressed: “brazenly violates the UN charter.” Moreover, it was noted that the numerous documented cases of arbitrary detention, enforced disappearances, torture and summary executions committed by Russia underscore its blatant disregard for IHRL and IHL. Considering this, the EU underscored the need to provide accountability for international law violations committed in connection with Russia’s war of aggression against Ukraine.
Finland on behalf of the Nordic and Baltic countries noted that every day Russia’s war of aggression against Ukraine results in the massive suffering of civilians including in the illegally annexed Crimea. The delegate expressed alarm at the reports of the arbitrary detention of almost 900 men, women, and children by Russia, most of whom were tortured and mistreated with some being subjected to sexual violence. The representative echoed the concerns of the OHCHR on the summary execution of civilians in detention. She added that Russia must immediately halt the filtration process and enforced disappearances often related to detention while reminding the Council that no country is above IHL and IHRL. Finland urged Russia to provide the OHCHR with unconditional and unimpeded access to the temporarily occupied territories of Ukraine and encouraged Ukraine to continue to cooperate with the OHCHR.
Venezuela on behalf of the group of friends in defence of the UN Charter focused on the human rights violations committed by the Ukrainian party which they noted are of growing concern. The group urged the Ukrainian authorities to make significant efforts to resolve issues with human rights violations within all spheres of public life within the country. They reiterated the need to ensure respect for the right to freedom of opinion and expression be these in the political, social, or cultural spheres. The group emphasised the need for those party to the conflict to comply with international human rights obligations and ensure respect for the human rights of all citizens regardless of gender, age, or nationality.
The Netherlands on behalf of a group of friends for accountability for Ukraine stated that the numbers presented in the report, including 864 civilians unlawfully detained, and 77 summarily executed, present a clear picture of the violations and abuses perpetrated since the launch of Russia’s full-scale, unprovoked, and illegal war of aggression against Ukraine. He added that they condemn Russia’s disregard for its obligations under international law. However, he stressed that this only forms the tip of the iceberg of human suffering as the OHCHR has recorded 25,177 civilian casualties since the 24th of Feb 2022. The representative reminded the Council that behind these numbers, there are individuals who suffer. He emphasised that the HRC must seek to uphold the integrity of every person, however, human dignity has been denied time and time again by Russia. The group highlighted that the alarming findings of the report reinforce the need to ensure accountability and justice for all victims. The delegate called for work to continue to provide full accountability for perpetrators of human rights violations.
The Russian delegation reiterated its nonrecognition of UNGA resolutions which have inspired the reports by the Secretary-General on the situation in Crimea. The representative categorically rejected the contents of the reports and stated that the OHCHR report on Ukraine is flawed in not fully presenting the crimes committed by the Ukrainian side. Despite Russia’s objections to both reports, the delegate noted that they have mentioned Ukrainian legislative initiatives and specific practices aimed at expanding the use of arbitrary detention and forceable disappearances. Russia claimed that people are being arrested without any legal justification by Ukrainian authorities and are being kept incommunicado and tortured. The representative also stated that the civilian population is being punished for collaborationism and claimed to have seen a multitude of video evidence of the executions of peaceful citizens by Ukrainian forces after the withdrawal of Russian troops. These crimes, he asserted, are being ignored by Western states, and international mechanisms including the OHCHR, and are not being investigated. In light of this, the delegate called on the OHCHR to pay attention to the actions taken by Kyiv and publicly react to them.
NGOs and National Human Rights Institutions
Several NGOs emphasised that in order to protect human rights it is vital to liberate Crimea from Russian Occupation and ensure international human rights mechanisms are granted access to Russia-occupied areas in Ukraine. Many groups highlighted the global impact of the war and noted that the blocking of the Black Sea by Russian warships has accelerated already high levels of food insecurity and led to growing levels of poverty in the world’s poorest regions. In response to the High Commissioner’s report, many speakers called on the international community to intensify efforts to demand access to the places of detention of those illegally imprisoned and the need to bring perpetrators to justice. Additionally, many NGOs urged member states to initiate prompt procedures for the repatriation of Ukrainian children through available international mechanisms and implored the Council to pressure the Russian Federation to improve the treatment of Ukrainian POWs and civilians.
Concluding Remarks
Regarding questions asked about accountability, the High Commissioner appealed to the international community to support all accountability actors in Ukraine including the OHCHR, the Commission of Inquiry, the fact-finding mission, and the International Criminal Court as well as the many other actors at the international and national levels. Mr Türk stressed the need for national efforts to be prioritised and made it clear that the scale of the challenges faced by Ukraine makes it necessary to ensure national institutions can investigate and prosecute cases and provide technical assistance in areas such as forensic expertise. The High Commissioner added that many civil society organisations are working on documenting violations and are in direct contact with victims and providing assistance. He underscored the need for human rights mechanisms to adopt a victim-centred approach and to coordinate efforts to avoid duplication and re-traumatising victims. He noted that the OHCHR is working in this vein with other accountability actors and urged the international community to support this approach.
In relation to questions posed on the need to support victims, the High Commissioner noted that despite numerous challenges, the UN team continues to reach people that desperately need assistance. So far in 2023, over 127,000 people have received psycho-social support through the interagency humanitarian response with nearly 28,000 survivors of gender-based violence receiving specialised psychosocial support. He added that the mission in Ukraine has also established a new thematic unity which is dedicated to documenting conflict-related sexual gender-based violence and is coordinating with partners and establishing referral pathways. Mr Türk stated that this unit has made recommendations which include the provision of effective remedies for victims encompassing reparations and compensation for any harm suffered. Moreover, this also includes rehabilitation measures such as access to medical, psychological, legal, and social services and specific gender-sensitive services designed for survivors of sexual violence. However, he noted that this will require adequate funding and support from both government and non-governmental organisations that can provide support for relatives of detained or missing persons.
Lastly, when asked about ensuring the protection of human rights in the context of armed conflict, the High Commissioner made it clear that strikes on essential infrastructure have extremely negative impacts on human rights and have placed millions of people in need of humanitarian assistance. He emphasised the impact these strikes have on the most vulnerable members of society including the elderly, children, and those with disabilities before stressing the importance of providing a robust humanitarian response. Mr Türk lamented the fact that there is still a lack of adequate housing for internally displaced people particularly those in vulnerable situations. He urged the Council to ensure Ukraine gets the support it needs to rebuild and strengthen national protection systems so that those who are vulnerable can be assisted and acknowledged assistance and reconstruction programmes. The High Commissioner concluded by urging the Russian Federation as the occupying power to uphold its duty to respect IHRL and IHL and cease violations identified in both reports. Additionally, he stressed the importance of granting access to occupied areas of Ukraine critical for monitoring the human rights situation in this war.
Position of Geneva International Centre for Justice
Geneva International Centre for Justice (GICJ) commends the reports of the OHCHR and the Secretary-General which have concisely documented the deteriorating human rights situation in Ukraine. Member states must coordinate efforts to provide humanitarian aid to the people of Ukraine and ensure that they have access to essential services. The international community must also maintain their support for Ukraine’s sovereignty and territorial integrity.
The HRC must stand firm and be clear when it comes to the rules of IHL that govern the conduct of hostilities and the principles of proportionality, distinction, precaution, and the prohibition of indiscriminate attacks. In line with this, GICJ is concerned about recent reports of the United States of America providing Ukraine with cluster munitions. Although Ukraine is not a signatory of the 2008 convention limiting the use of cluster munitions, the use of such weapons violates the principles of IHL and therefore constitutes a war crime. GICJ discourages the use of cluster munitions as they can have an indiscriminate impact on civilians. Many fail to detonate often leaving a deadly legacy and the cost of safely removing undetonated bomblets will undoubtedly impede Ukraine’s post-war reconstruction efforts.
GICJ is encouraged by the access the Ukrainian government has granted to international monitoring mechanisms and hopes that those in power will act on the recommendations set out in the reports, particularly around the use of arbitrary detention. We also urge the Russian Federation to grant unimpeded access to areas of Ukraine occupied by its forces in order to gain an accurate measure of the country’s human rights situation. Ukraine must rectify all possible human rights violations it may currently be committing. Although Ukrainian soldiers and civilians are being forced to endure egregious human rights violations, war crimes and possibly crimes against humanity, it is essential it does not indulge in similar acts and undermine the values it is defending.
Regular_Session Justice Human_Rights Geneva Geneva4justice GICJ Geneva_International_Centre_for_Justice HRC53 Ukraine Russia Interactive_Dialogue OHCHR Secretary_General Crimea
