Ukraine vs Russia: ICC publishes report on violation of human rights in Donbas, Crimea

Source : 112 Ukraine

The Prosecutor’s Office of the ICC considered the information, which allows to suppose that Russia could control the militants in Donbas
13:44, 9 December 2019

Open source

The International Criminal Court (ICC) published the report on the results of the preliminary investigations, including the lawsuit of Ukraine against Russia on the violation of human rights in Donbas and Crimea as the court’s website states.

“The Office recorded more than 1,200 incidents involving crimes allegedly committed since 20 February 2014 in the context of events in eastern Ukraine,” the Prosecutor’s Office of the ICC reported.

The report states that on January 16, 2017, Ukraine appealed to the ICC with the lawsuit against Russia.

For the purpose of determining whether the otherwise non-international armed conflict involving Ukrainian armed forces and anti-government armed groups could in fact be international in character, the Office considered information that suggests that the Russian Federation may have exercised overall control over armed groups in eastern Ukraine for some or all of the armed conflict. The existence of a single international armed conflict in eastern Ukraine would entail the application of articles of the Rome Statute relevant to armed conflict of an international character for the relevant period.

Related: Russian MP blames Yeltsin for not taking Crimea from Ukraine in 1991

In its analysis of subject-matter jurisdiction with regard to eastern Ukraine, the Office examined a sample of specific attacks in the context of conduct of 71 hostilities, by both sides in the conflict. It also examined information available regarding conflict-related detention, including allegations of arbitrary detention, summary executions of persons hors de combat, ill-treatment, torture, rape and other forms of sexual violence. The information available at this stage suggests in particular that members of armed anti-government entities have generally committed detention-related alleged crimes of a more severe nature and on a significantly larger scale than members of Ukrainian Government Forces. Based on its preliminary assessment of subject-matter jurisdiction, the Office has concluded that the information available provides a reasonable basis to believe that, in the period from 30 April 2014 onwards, at least the following war crimes were committed in the context of the armed conflict in eastern Ukraine.

The annual report on the results of the preliminary investigation, preliminary, the situation in Ukraine on the offenses in occupied Crimea and east of Ukraine was presented at the 18th Assembly of the states-members of the Rome Statute by the ICC prosecutor.

Earlier Prosecutor General’s Office of Ukraine sent the information report to the International Criminal Court (ICC) toward the commitment by Russia of the extrajudicial executions of nine military of the Armed Forces of Ukraine during the fights of Ilovaisk and Debaltseve.



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