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Attacks on Civilian Infrastructure as Russia's invasion of Ukraine continues
by Global Centre for the Responsibility to Protect
 
July 2022
 
On 14 July representatives from various states, regional organizations, international institutions and civil society met in The Hague for the Ukraine Accountability Conference to coordinate investigations into atrocities committed in Ukraine since Russia’s invasion nearly five months ago.
 
During the conference, the Chief Prosecutor of the International Criminal Court, Karim Khan, called for a “reawakening” of international law, emphasizing that, “this moment of clinging to the law and applying the law in a practical way is the requirement of the hour.”
 
Following the conclusion of the conference, several states committed to establish a “Dialogue Group on Accountability for Ukraine” to promote cooperation between ongoing justice and documentation efforts.
 
Daily attacks on civilians and civilian infrastructure – which may amount to war crimes – continue in Ukraine. The UN reported that as of 18 July the civilian death toll has climbed to 5,110, including 346 children, while asserting that the real death toll is likely much higher.
 
Heavy shelling caused more than 160 civilian casualties in Ukrainian-held and Russian-held areas in the Donetsk region between 8-11 July alone. On 9 July at least 34 civilians were killed when Russian forces struck a five-story apartment building in Chasiv Yar, marking the deadliest incident so far this month and the second single deadliest attack since the war began, according to the UN.
 
Another six civilians were killed on 18 July in the town of Toretsk when a Russian strike hit the building they were sheltering in. Meanwhile, in central Ukraine three Russian cruise missiles struck the city of Vinnytsia on 14 July, killing at least 25 people, including three children, and wounding 140 others. The missiles hit civilian infrastructure, including residential buildings and a neurological clinic servicing children with disabilities.
 
The humanitarian situation continues to deteriorate in areas of active conflict in the eastern Donbas regions. Reports have surfaced of Russian forces blocking the flow of humanitarian aid to areas under their control. The intentional blocking of humanitarian aid may amount to war crimes and crimes against humanity.
 
Sarah Hunter, Ukraine Expert at the Global Centre for the Responsibility to Protect, said, “accountability efforts for atrocities perpetrated in Ukraine are important and welcome. Nevertheless, civilians continue to endure crimes on a daily basis. All efforts must be made to halt this senseless war, including continuing to pressure Russia to end strikes on civilians and allow aid access for those in desperate need of relief.”
 
Apr. 2022
 
Following the retreat of Russian forces from the suburbs of Kyiv, Ukraine, at the end of March, reports emerged of hundreds of civilian casualties in previously Russian-occupied areas. Ukrainian authorities have identified the bodies of at least 410 men, women and children in the town of Bucha, many of which were buried in mass graves while others were discovered slain in the street. Reports of targeted killings of civilians in other previously occupied suburbs have also started to emerge. The targeted killing of civilians is forbidden under international law and may amount to war crimes and crimes against humanity.
 
On 5 April Liz Throssell, Spokesperson for the UN High Commissioner for Human Rights, cited the horrifying images of people with their hands bound and bodies of women discovered naked and partially burned, stating that, “this is extremely disturbing, and does really strongly suggest that they were directly targeted as individuals… and directly killed.” Throssell stressed that, “it’s hard to see what was the military context of an individual lying in the street with a bullet to the head or having their bodies burned.”
 
Russian officials have denied that any civilians were harmed in their military operations and asserted that the bodies in Bucha were placed there after their retreat. Satellite images and video footage examined by The New York Times, along with eyewitness testimony, provide evidence to the contrary. Since 24 February the Office of the UN High Commissioner for Human Rights has documented at least 1,563 civilian deaths, including 130 children, while asserting the real toll is much higher.
 
UN Secretary-General Antonio Guterres joined the international condemnation of the killings in Bucha, as well as calls for independent investigations and accountability. He also echoed his previous warnings regarding the global impact of the war, stating, “I deeply regret the divisions that have prevented the Security Council from acting not only on Ukraine, but on other threats to peace and security around the world. I urge the Council to do everything in its power to end the war and to mitigate its impact, both on the suffering people of Ukraine, and on vulnerable people and developing countries around the world.”
 
http://correspondent.afp.com/bucha-street-filled-bodies http://www.coe.int/en/web/commissioner/-/visit-to-ukraine-commissioner-mijatovic-calls-for-continuous-support-and-justice-for-victims-of-the-war http://reliefweb.int/report/ukraine/new-report-un-human-rights-shows-shocking-toll-war-ukraine-enruuk http://www.amnesty.org/en/latest/news/2022/06/ukraine-deadly-mariupol-theatre-strike-a-clear-war-crime-by-russian-forces-new-investigation/ http://www.amnesty.org/en/latest/research/2022/06/anyone-can-die-at-any-time-kharkiv/ http://www.pbs.org/wgbh/frontline/article/russian-soldiers-cleansing-operation-bucha-ukraine/ http://www.pbs.org/wgbh/frontline/interactive/ap-russia-war-crimes-ukraine/
 
2 Mar. 2022
 
Attacks on Civilian Infrastructure as Russia's invasion of Ukraine continues
 
On Thursday, 24 February, forces from the Russian Federation invaded Ukraine and began launching attacks on major cities, including the capital, Kyiv, as well as Kharkiv, Kherson, Mariupol and others. Between 24-28 February the Office of the UN High Commissioner for Human Rights verified at least 142 civilian deaths, including 13 children, though the actual death toll is likely much higher. Most casualties were caused by the use of indiscriminate explosive weapons, including shelling from heavy artillery and multiple rocket systems.
 
Reports have indicated several attacks on civilian infrastructure, including apartment buildings, homes, schools and hospitals, as well as the Babyn Yar Holocaust memorial site. Attacks on these objects and the use of indiscriminate weapons is in violation of International Humanitarian Law (IHL) and may amount to war crimes.
 
The conflict has forced over 874,000 people to flee Ukraine to neighboring countries. Some minority populations attempting to flee, including civilians of African, Asian and Middle Eastern descent, have reported being removed from trains, beaten and/or harassed by border authorities. Under the Refugee Convention, the international community has both a moral and legal obligation to assist all refugees, regardless of race, religion or country of origin.
 
Following Russia’s veto of a draft UN Security Council resolution on 25 February, the Council adopted a “Uniting for Peace” resolution, which allows the General Assembly to give recommendations on responses to security crises when the Security Council fails to act “because of a lack of unanimity of the permanent members.”
 
On 2 March, during an emergency special session, the General Assembly adopted a resolution condemning Russia's use of force in Ukraine and the subsequent violations of IHL and International Human Rights Law. The resolution also called on all parties to protect civilian populations and objects from attack. Additionally, the Human Rights Council will hold an urgent debate on 3 March.
 
Numerous states and regional organizations have responded to the invasion with crippling sanctions and other economic measures. On 28 February the Chief Prosecutor of the International Criminal Court announced his intention to open an investigation. The Court previously found evidence of war crimes and crimes against humanity during a preliminary examination of the “Maidan” protests and armed conflict in eastern Ukraine since 2013.
 
Ukraine has also filed a case with the International Court of Justice, asking for the Court’s clarification under Article XI of the Genocide Convention, after the Russian government accused Ukraine of committing a genocide against Russian-speakers in eastern Ukraine. The claim has been internationally rebuked as false.
 
Savita Pawnday, Executive Director of the Global Centre for the Responsibility to Protect, said that, “while we welcome the uncharacteristically quick response of the international community, civilians will continue to be at an ever-increasing risk of atrocities until the armed conflict ends. Ensuring Russia halts the invasion is paramount.”
 
http://www.globalr2p.org/countries/ukraine/ http://www.ohchr.org/en/press-releases/2022/03/ukraine-protecting-life-must-be-priority-un-human-rights-experts http://www.ohchr.org/en/statements/2022/03/ukraine-high-commissioner-cites-new-and-dangerous-threats-human-rights
 
ICJ hears Myanmar's objections to Rohingya Genocide Case
 
On 28 February the International Court of Justice (ICJ) concluded hearings on Myanmar’s (Burma) preliminary objections to The Gambia’s case on the genocide against the Rohingya. In 2019 The Gambia filed suit against Myanmar at the ICJ, accusing Myanmar of violating its obligations under the Genocide Convention.
 
On 23 January 2020 the ICJ issued four provisional measures, ordering the government of Myanmar to take immediate action to protect its “extremely vulnerable” Rohingya population from potential genocidal acts. Myanmar later filed four preliminary objections to the case in January 2021, disputing The Gambia’s standing to file the case and challenging the Court’s jurisdiction.
 
The Gambia v. Myanmar is a historic lawsuit seeking to acknowledge Myanmar’s responsibility as a state for the genocide committed against the Rohingya. Starting in October 2016 and then again in August 2017, Myanmar’s military – the Tatmadaw – engaged in so-called “clearance operations” against the Rohingya, a distinct Muslim ethnic minority, in Rakhine State.
 
The operations were characterized by brutal violence and serious human rights violations that, according to UN investigations, amount to genocide and crimes against humanity. Survivors reported indiscriminate killings, rape and sexual violence, arbitrary detention and torture. The clearance operations followed decades of systematic persecution of the Rohingya by the government.
 
During the hearings, Dawda Jallow, The Gambia’s Minister of Justice, emphasized that, “The Gambia may be a geographically small state, but we stand tall in the international community of States and take pride in promoting and protecting human rights, and international accountability for atrocity crimes like genocide. Justice and accountability for those acts of genocide, and for Myanmar’s ongoing acts of genocide, is not just possible – it is necessary.”
 
The hearings were the first proceedings in The Gambia v. Myanmar since the February 2021 coup. Myanmar’s military is currently representing the state at the ICJ. The decision on the preliminary objections and whether the case can proceed will be released at an undetermined date. In the meantime, the four provisional measures remain in place.
 
Liam Scott, Research Associate at the Global Centre for the Responsibility to Protect, stated that, “the case at the ICJ provides a long-awaited opportunity for victims and survivors. While the provisional measures offer some protection, many of those responsible for the genocide remain in power and there is no indication that they are complying with these measures.” The military continues to perpetrate atrocities against the Rohingya and other populations across Myanmar with impunity.
 
http://globaljusticecenter.net/press-center/press-releases/1551-q-a-rohingya-genocide-case-steps-toward-justice
 
June 2022
 
R2P Monitor is a quarterly bulletin applying the atrocity prevention lens to populations at risk of mass atrocities around the world.
 
Issue 61 looks at developments in Cameroon, Central African Republic, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Ethiopia, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Syria, Ukraine, Venezuela, Yemen, Afghanistan, Nigeria, South Sudan, Mozambique and Sudan.
 
http://www.globalr2p.org/publications/r2p-monitor-issue-61-1-june-2022/ http://www.globalr2p.org/publications/r2p-monitor-issue-62-1-september-2022/
 
Mar. 2022
 
Issue 60 looks at developments in Cameroon, Central African Republic, Central Sahel (Burkina Faso, Mali and Niger), China, Democratic Republic of the Congo, Ethiopia, Israel and the Occupied Palestinian Territory, Myanmar (Burma), Syria, Yemen, Afghanistan, Nigeria, South Sudan, Sudan and Venezuela.
 
http://www.globalr2p.org/publications/r2p-monitor-issue-60-1-march-2022/
 
http://www.globalr2p.org/publications/call-to-action-for-the-united-nations-general-assembly-during-its-77th-session-from-the-international-coalition-for-the-responsibility-to-protect/ http://www.globalr2p.org/publications/letter-to-hrc-members-on-atrocity-prevention-priorities-at-the-councils-51st-session/ http://www.globalr2p.org/publications/hrc50-summary/ http://ishr.ch/latest-updates/hrc50-civil-society-presents-key-takeaways-from-human-rights-council/ http://www.ohchr.org/en/hr-bodies/hrc/regular-sessions/session50/list-reports http://www.globalr2p.org/publications/atrocity-prevention-and-outcomes-of-the-un-human-rights-councils-49th-session/
 
http://reliefweb.int/report/world/report-secretary-general-protection-civilians-armed-conflict-s2022381-enarruzh http://starvationaccountability.org/news-and-events/un-protection-of-civilians-week-address/ http://starvationaccountability.org/news-and-events/protection-of-civilians-four-years-on-from-the-adoption-of-unsc-resolution-2417/ http://bit.ly/3MSpxHz http://humanitarianaccess.acaps.org/


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Amnesty International Report 2021/22
by Agnes Callamard
Secretary General of Amnesty International
 
Mar. 2022
 
Wealthy states colluded with corporate giants in 2021 to dupe people with empty slogans and false promises of a fair recovery from the Covid-19 pandemic, in what amounts to one of the greatest betrayals of our times, said Amnesty International today, as it launched its annual assessment of human rights around the world.
 
Amnesty International Report 2021/22: The State of the World’s Human Rights finds that these states, alongside corporate titans, have in fact driven deeper global inequality. It details root causes including noxious corporate greed and brutal national selfishness, as well as neglect of health and public infrastructure by governments around the world.
 
“2021 should have been a year of healing and recuperation. Instead, it became an incubator for deeper inequality and greater instability, a legacy caustic for years to come,” said Agnès Callamard, Secretary General of Amnesty International.
 
“Leader after leader dangled promises to ‘build back better’ to address deep-seated inequalities that exacerbated the impact of the pandemic. Instead, they have performed a tragic fable of betrayal and greed in cahoots with corporate titans. Whilst this has played out around the world, the effects have been most damaging to the most marginalized communities, including those on the front lines of endemic poverty.”
 
Vaccine successes undercut by self-interested nationalism and corporate greed
 
The rapid roll-out of Covid-19 vaccines appeared to be a scientific silver bullet, offering hope of an end to the pandemic for all.
 
However, despite enough production to fully vaccinate the world in 2021, by year’s end less than 4% of those living in low-income countries had been fully vaccinated.
 
“At the G7, G20 and COP26 summits, grandstanding on a global stage, political and economic leaders paid lip service to policies that could generate a sea change in vaccine access, reverse under-investment in social protection, and tackle the impact of climate change. Heads of Big Pharma and Big Tech spun us lines about corporate responsibility. At this watershed movement, the stage was set for recovery, and genuine meaningful change for a more equal world,” said Agnes Callamard.
 
“However, they squandered the opportunity, reverting to type with policies and practice that drove further inequality. Members of the Rich Boys Club offered promises publicly that they reneged on privately.”
 
Wealthy states such as EU member states, the UK and the USA stockpiled more doses than needed, whilst turning a blind eye as Big Pharma put profits ahead of people, refusing to share their technology to enable wider distribution of vaccines. In 2021, Pfizer, BioNTech and Moderna projected eye-watering profits of up to US$54 billion yet supplied less than 2% of their vaccines to low-income countries.
 
Big Pharma were not the only corporate giants to undermine pandemic recovery for profit. Social media companies such as Facebook, Instagram and Twitter provided fertile ground for Covid-19 misinformation, allowing vaccine hesitancy to flourish. Some political leaders also acted as super-spreaders of misinformation, breeding distrust and fear for their own political gain.
 
“Social media companies’ allowed their lucrative algorithms to spread harmful misinformation about the pandemic, prioritizing the sensationalist and the discriminatory over truth,” said Agnes Callamard.
 
“The extent of their profiteering from that misinformation and the impact of that on the lives of millions mean those companies have a serious case to answer.”
 
Marginalized hit hardest by pandemic responses
 
Whilst many countries in the Global South reaped the consequences of collusion between corporate giants and western governments, devastation was compounded by health systems and economic and social support crumbling under the weight of decades of neglect. Nowhere was this felt more clearly and cruelly than in Africa, which is why Amnesty International launches its report today from South Africa.
 
With less than 8% of the continent’s population fully vaccinated by the end of 2021, it holds the lowest vaccination rate in the world, beleaguered by insufficient supplies provided to the COVAX facility, the Africa Vaccine Acquisition Trust and through bilateral donations. Populations have been left exposed as roll-out campaigns have faltered or failed in countries with already inadequate healthcare systems.
 
In South Africa, approximately 750,000 children had dropped out of school by May, over three times the pre-pandemic number. In Viet Nam women migrant workers were particularly impacted, reporting food insecurity and inability to meet other basic needs. In Venezuela, the pandemic worsened a pre-existing humanitarian emergency: 94.5% of the population was living in income poverty and 76.6% in extreme poverty.
 
“In many countries around the world, already marginalized people paid the highest cost for the deliberate policy choices of a privileged few. The right to health and to life were violated on a massive scale, millions were left struggling to make ends meet, many were made homeless, children were left out of education, poverty rose,” said Agnes Callamard.
 
“The global failure to build a global response to the pandemic also sowed the seeds of greater conflict and greater injustice. Rising poverty, food insecurity, and government instrumentalization of the pandemic to repress dissent and protests – all were well planted in 2021, watered by vaccine nationalism and fertilized by greed of the richer countries.”
 
Conflict contagious in face of perilously weak international response
 
In 2021, new and unresolved conflicts erupted or persisted in Afghanistan, Burkina Faso, Ethiopia, Israel and the Occupied Palestinian Territories, Libya, Myanmar and Yemen, with warring parties violating international human rights and humanitarian law. In their wake, civilians were made collateral damage, millions were displaced, thousands killed, hundreds subjected to sexual violence, and already fragile healthcare and economic systems were brought to the brink.
 
The global failure to address these multiplying conflicts provoked greater instability and devastation. The ineffectiveness of international response to these crises was most evident with the paralysis at the UN Security Council. It failed to act on atrocities in Myanmar, human rights violations in Afghanistan, war crimes in Syria. This shameful inaction, continued paralysis of multilateral bodies and lack of accountability of powerful states helped pave the way for Russia’s invasion of Ukraine, which has flagrantly violated international law.
 
“In far too few instances did the needed international response come; in far too few cases were justice and accountability provided. Instead, conflict expanded. Extending over time, its impacts worsened. The numbers and diversity of intervening parties rose. New theatres of conflict opened. New weapons were tested. More deaths and injury were exacted. Life was cheapened. Global stability was brought to the brink,” said Agnes Callamard.
 
When we needed independent voices most, retrograde trend to stifle dissent flourished
 
Global trends to stifle independent and critical voices gathered steam in 2021 as governments deployed a widening gamut of tools and tactics. Human rights defenders, NGOs, media outlets and opposition leaders were the targets of unlawful detention, torture and enforced disappearance, many under the smokescreen of the pandemic.
 
At least 67 countries introduced new laws in 2021 to restrict freedom of expression, association or assembly. In the USA, at least 36 states introduced more than 80 pieces of draft legislation limiting freedom of assembly, whilst the UK government proposed the Police, Crime, Sentencing and Courts Bill, which would drastically curtail the right to freedom of peaceful assembly, including by expanding police powers.
 
Surreptitious digital technologies were further weaponized. In Russia, the government turned to facial recognition to undertake mass arrests of peaceful protesters. In China, the authorities ordered internet service providers to sever access to websites that “endangered national security”, and blocked apps on which controversial topics such as Xinjiang and Hong Kong were discussed. In Cuba, Eswatini, Iran, Myanmar, Niger, Senegal, South Sudan and Sudan, authorities resorted to internet shutdowns and disruptions to prevent people from sharing information about repression and organizing in response.
 
“Instead of providing room for discussion and debate so sorely needed on how best to meet the challenges of 2021, many states redoubled efforts to muzzle critical voices,” said Agnes Callamard.
 
If those in power want to build back broken, we must stand up to betrayal
 
If in 2021 those in power lacked the ambition and imagination to tackle one of the gravest threats to humanity, the same cannot be said for the people they should have represented.
 
Protesters took to the streets in Colombia after the government decided to raise taxes even as people were struggling to feed their families during the pandemic. In Russia, opposition rallies went ahead in the face of mass arbitrary arrests and prosecutions. Indian farmers protested new laws that they said would hurt their livelihood.
 
Youth and Indigenous activists around the world called out leaders for their failure to act on the climate crisis. Civil society organizations, including Amnesty International, successfully lobbied for the recognition of the right to a clean, healthy and sustainable environment. Innovative strategic litigation cases and criminal complaints were filed by NGOs against multinational companies including Nike, Patagonia and C&A for their complicity in forced labour in the Xinjiang region of China.
 
In a great example of cooperation, the Pegasus Project – a collaboration of more than 80 journalists, with technical support from Amnesty International – revealed that the spyware of Israel’s NSO Group had been used against heads of state, activists and journalists in Azerbaijan, Hungary, Morocco, Rwanda and Saudi Arabia.
 
“Despite promises and pledges to the contrary, at almost every turn, leaders and corporations opted for a non-transformative path, choosing to entrench rather than overturn the systemic inequalities behind the pandemic. Yet, people the world over have made it abundantly clear that a more just world, grounded in human rights, is what they want,” said Agnes Callamard.
 
“The palpable and persistent resistance offered by people’s movements the world over is a beacon of hope. Uncowed and undaunted, theirs is a clarion call for a more equal world. If governments won’t build back better – if they seemingly are intent on building back broken – then we are left with little option. We must fight their every attempt to muzzle our voices and we must stand up to their every betrayal.
 
It is why, in the coming weeks, we are launching a global campaign of solidarity with people’s movements, a campaign demanding respect for the right to protest. We must build and harness global solidarity, even if our leaders won’t.”
 
http://www.amnesty.org/en/latest/news/2022/03/political-leaders-and-corporate-titans-put-profit-and-power-ahead-of-people-betraying-promises-for-fair-recovery-from-pandemic/ http://www.amnesty.org/en/latest/research/2022/03/annual-report-202122/ http://www.amnesty.org/en/latest/news/2023/03/international-system-unfit-to-deal-with-global-crises-annual-report-2022/
 
* On Climate Action: http://www.amnesty.org/en/documents/ior40/5773/2022/en/ http://www.amnesty.org/en/documents/ior40/5604/2022/en/ http://www.amnesty.org/en/documents/ior40/5271/2022/en/ http://www.amnesty.org/en/documents/ior40/5405/2022/en/


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