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	People living in armed conflicts are suffering beyond what words can describe by ICRC, OCHA, Safeguarding Health in Conflict   In too many conflicts, civilians continue to suffer unacceptable harm.   Briefing to the United Nations Security Council on the Protection of Civilians in Armed Conflict by Joyce Msuya, Assistant Secretary-General for Humanitarian Affairs and Deputy Emergency Relief Coordinator:   "This year, we mark 25 years since the UN Security Council added the protection of civilians to its agenda. We also mark the 75th anniversary of the Geneva Conventions of 1949, a cornerstone of international humanitarian law aimed at protecting victims of armed conflict.   It is an important moment to reflect on the state of the protection of civilians in armed conflict. And to look at action needed to ensure international humanitarian law and the decisions of this Council are upheld and that civilians are safeguarded from harm.   Mr. President, it is with regret that I report to you that the situation of civilians in armed conflict in 2023 was resoundingly dire. It was a year in which we saw the horrors of the 7 October attack by Hamas and other Palestinian armed groups on Israel and the intense Israeli military response in Gaza that resulted in death, destruction and suffering at a pace and scale unprecedented in the recent past.   About 75 per cent of Gaza’s population has been forcibly displaced. A man-made famine is looming. Thousands of children have been killed and injured in what UNICEF colleagues have called a “war on children.” An estimated 130 people remain hostage, with ongoing concerns for their humane treatment.   In April 2023, we saw the eruption of similarly brutal conflict in Sudan, in which tens of thousands of civilians have been killed and injured. Millions of people have been displaced, acute food insecurity has soared and there have been reports of horrific attacks and inhuman treatment.   Conflicts continued to have a grave and lasting impact on civilians in many other places, including the Democratic Republic of the Congo, Myanmar, Nigeria, the Sahel, Somalia, Syria, and Ukraine.   The United Nations alone has recorded tens of thousands of civilian deaths in armed conflict over the last year. The use of explosive weapons in populated areas had devastating impacts on civilians across numerous conflicts.   In Sudan and Ukraine for instance, United Nations sources indicate that the use of explosive weapons in populated areas was the leading cause of civilian casualties.   Across all conflicts, civilians accounted for 90 per cent of those killed and injured when explosive weapons were used in populated areas.   Civilians were also severely affected by widespread damage and destruction to critical infrastructure. This disrupted the provision of electricity, water and health care to millions of people.   Across 21 conflicts, more than 2,300 incidents of violence and other forms of interference against medical workers, facilities, equipment, transport and patients were recorded.   Forced displacement also remained a defining feature of armed conflicts. By mid-year, a record-breaking 110 million people globally were in a situation of displacement due to conflict, persecution, violence and human rights violations or abuses. Sixty per cent were internally displaced.   And conflict was the major driver of staggeringly high levels of hunger. Across 19 conflict-affected countries or territories, 117 million people experienced crisis levels of acute food insecurity or higher.   In the middle of this, the efforts of the humanitarian community to support and provide for the needs of civilians was severely compromised by widespread constraints on access.   Besides active hostilities and logistical challenges, chief among these were the parties’ bureaucratic impediments and an unconscionable number of attacks harming humanitarian workers.   In 14 conflicts in 2023, not counting the Occupied Palestinian Territory, 91 humanitarian workers were tragically killed, 120 wounded and 53 abducted. In Gaza alone, the UN Relief and Works Agency for Palestine Refugees in the Near East lost 142 staff members in the violence between October and December.   I want to take this opportunity to extend my sincere condolences to the families and loved ones of all civilians, including humanitarian workers, killed in conflict this year.   Mr. President, the harm and suffering caused to civilians in 2023 signals an alarming lack of compliance with international humanitarian law and international human rights law.   It also indicates that the Council’s protection of civilians resolutions of the last 25 years remain largely unheeded. We must redouble efforts to strengthen compliance by parties to conflict with these obligations.   This includes third States taking responsibility for ensuring respect for the rules of war. This entails political dialogue, training and dissemination of policies, and withholding arms transfers where there is a clear risk that arms will be used to commit serious violations of international humanitarian law.   And whilst some progress was made in 2023, we must continue to strengthen accountability for violations. This must include upholding the independence and impartiality of the International Criminal Court.   Mr. President – as the Secretary-General sets out in his report – the reality is that much of the civilian harm we see in today’s conflicts is occurring even when parties claim to be acting in compliance with the law.   It is time to complement existing measures by adopting a more holistic approach – one that considers the perspective of civilians and takes into account the complex, cumulative and long-term nature of the full range of civilian harm in conflict.   We have already seen some important waypoints on this journey. The Political Declaration on Explosive Weapons in Populated Areas and the 2015 Safe Schools Declaration are both good examples of ways that States can commit to the greater protection of civilians in armed conflict, complementing their compliance with international humanitarian law. We urge all States to endorse these instruments and implement them in full.   We urge them to follow the steps taken by some national and regional authorities in developing and adopting proactive protection of civilians policies, aimed at better understanding and mitigating civilian harm.   And we need States, parties to conflict, UN actors, international and civil society organizations to reflect on how we can further develop and implement the full protection of civilians approach.   Security Council-mandated United Nations peace operations have protected and saved countless civilian lives. Security Council resolutions on the protection of medical care in armed conflict and on conflict and hunger have given important focus and urgency to these issues. Yet in too many conflicts, civilians continue to suffer unacceptable harm.   The Security Council and Member States must demand and ensure compliance with international humanitarian law, international human rights law and the Council’s resolutions.   And, if it is to have any real meaning for the millions of civilians affected by conflict, it is time to go above and beyond compliance: to strive for the full protection of civilians against the full range of harms they are suffering on our watch.   http://www.unocha.org/news/un-deputy-relief-chief-appeals-security-council-full-protection-civilians http://reliefweb.int/report/world/2024-statement-members-ngo-working-group-protection-civilians http://www.icrc.org/en/document/icrc-president-people-caught-in-armed-conflict-need-actions-not-words http://news.un.org/en/story/2024/05/1150051 http://www.undocs.org/S/2024/385 http://www.unocha.org/events/protection-civilians-week-2024 http://reliefweb.int/report/world/security-council-adopts-resolution-calling-states-respect-protect-united-nations-humanitarian-personnel-accordance-international-law http://www.unocha.org/latest/news-and-stories   People living in armed conflicts are suffering beyond what words can describe. (ICRC)   (Speech given by Mirjana Spoljaric, President of the International Committee of the Red Cross, speech to 55th session of the UN Human Rights Council, Geneva).   As flagrant violations of international humanitarian law regularly occur, Mirjana Spoljaric underlines the relevance of the Geneva Conventions - setting clear limits to violence in war – and urgently calls upon States to make international humanitarian law their political priority, to respect principled humanitarian action and personnel and to preserve peace.   "People living in armed conflicts are suffering beyond what words can describe. They barely survive in the rubbles of their cities and in overcrowded camps. They die in hospitals under attack.   Women agonize giving birth because basic essential medicine and services are missing. Children grow up hungry and with constant fear. Persons with disabilities cannot flee because of inaccessible warnings, shelters, and evacuations.   Families struggle with the pain of not knowing the fate of their loved ones – missing, detained or held hostage.   The immense destruction and despair should not let us forget: Wars have rules. International human rights law and international humanitarian law share a common objective – to protect the lives and dignity of all human beings.   75 years ago, states voluntarily agreed to be bound by these laws. Their rules remain relevant and utterly clear. 75 years ago, states rallied around a humanitarian imperative to control the behavior of warring parties and a shared interest to set limits to violence in war.   Today, the Geneva Conventions are ratified by all States. They form the strongest international consensus.   However, challenges to the relevance and effectiveness of international humanitarian law are evident:   Violations regularly occur under the watch of the international community. Exceptions to its application are created. Reciprocity and transactional arguments are invoked to justify disrespect for the rules of war and basic values of humanity.   The continuous suffering in armed conflicts does not point to the ineffectiveness of international humanitarian law but to the non-compliance by warring parties and states that support them.   Besides the letter of the law, I must recall the fundamental values on which international humanitarian law was founded. First and foremost, humanity.   The Geneva Conventions were created to preserve a minimum of humanity in even the most difficult situations, to prevent the dehumanization of the other, and to help maintain a pathway back to peace.   Second and equally importantly, equality. Equality, as the fundamental notion of humanity, is everywhere we look in modern international law. Humanity and equality are enshrined in the UN Charter, the Universal Declaration of Human Rights, as well as the Geneva Conventions. All speak to the dignity, worth and equal rights of all individuals.   Irrelevant of the side of the frontline they find themselves in, the lives and dignity of every civilian is of equal worth.   Both the International Committee of the Red Cross and the Human Rights Council work towards ensuring states uphold these fundamental values.   As President of the ICRC, I will seize every opportunity to urge you:   First – to make compliance with international humanitarian law your political priority. It is your collective responsibility to prevent and reduce the cost of war by implementing international humanitarian law and ensuring its respect around the world.   Protecting our shared humanity means not only upholding the letter of the Geneva Conventions but also its spirit.   Second – to protect and preserve neutral, independent and impartial humanitarian action and personnel. Respect our neutrality and enable our independence, as they are our best tools to access those in need and to influence the behaviors of those who hold power and weapons.   However, international humanitarian law alone will never ensure the safety and dignity of people. Principled humanitarian action alone will never be enough to alleviate all the suffering. They will not change what war intrinsically is: an assault on our common humanity.   Therefore, my third urgent call to you is to do your utmost to preserve peace, avoid the escalation of violence and ensure that conflict does not become the norm".   http://www.icrc.org/en/document/icrc-president-spoljaric-destruction-despair-should-not-let-us-forget-wars-have-limits http://www.icrc.org/en/document/global-and-collective-failure-to-protect-civilians-in-armed-conflict   International community must end impunity for violence against Healthcare in Conflict, says Safeguarding Health in Conflict Coalition   Governments and international agencies must do more to end impunity for violence against healthcare, campaigners have urged, as a new report shows that attacks on healthcare during conflicts reached a new high in 2023.   The report from the Safeguarding Health in Conflict Coalition (SHCC), an umbrella organisation of health and human rights groups, documented 2,562 incidents of violence against or obstruction of health care in conflicts across 30 countries—over 500 more than in 2022.   The group pointed out that the 25 percent rise on the previous year came as tens of millions of people in conflict-affected countries were already suffering from war, massive displacement, and staggering deprivation of food and other basic needs.   But beyond the inevitable suffering such violence against healthcare causes, the report’s authors highlighted that one consistent feature of the attacks was the continued impunity for those perpetrating them.   They say that despite repeated commitments, governments have failed to reform their military practices, cease arms transfers to perpetrators, and bring those responsible for crimes to justice.   And they have now called on national leaders and heads of international bodies, including UN agencies, to take strong action to ensure violence against healthcare is ended.   “There has to be a change in how we ensure accountability for violations of international humanitarian law when the protection of health care and health workers is not respected because current mechanisms do not provide adequate protection. We need to ask some hard questions,” Christina Wille, Director of the Insecurity Insight humanitarian association, who helped produce the report, told IPS.   Attacks on healthcare have become a prominent feature of recent conflicts—the SHCC report states that the rise in attacks in 2023 was in part a product of intense and persistent violence against health care in the occupied Palestinian territories (oPt), Myanmar, Sudan, and Ukraine.   And human rights groups have increasingly drawn attention to the deliberate targeting of healthcare facilities and medical staff by attacking forces.   Hospitals and other medical facilities are designated as protected civilian objects under international humanitarian law and it is illegal to attack them or obstruct their provision of care. Ambulances also have the same status.   This designation does not apply if the hospital or facility is used by combatants for purposes deemed harmful to an enemy, but even then, an attacking force must give warning of its attack and allow for an evacuation.   But in many conflicts, forces seem to be increasingly ignoring this.   The SHCC report highlights that right from the start of two new wars in 2023, in Sudan and the conflict between Israel and Hamas, warring parties killed health workers, attacked facilities, and destroyed health care systems.   Meanwhile, attacks on health care in Myanmar and Ukraine continued unabated, in each case exceeding 1,000 since the start of the conflicts in 2021 and 2022, respectively, while in many other chronic conflicts, fighting forces continued to kidnap and kill health workers and loot health facilities.   At the same time, the report identified a disturbing new trend of combatants violently entering hospitals or occupying them as sites from which to conduct military operations, leading to injuries to and the deaths of patients and staff.   SHCC Chair Len Rubenstein said that in many conflicts, the conduct of combatants revealed “open contempt for their duty to protect civilians and health care under international humanitarian law (IHL)” and specifically highlighted how Israel, “while purporting to abide by IHL, promoted a view of its obligations that, if accepted, would undermine the fundamental protections that IHL puts in place for civilians and health care in war.”   “The report highlighted a lot of disturbing trends—there seemed to be no restraint on attacking hospitals right from the start of conflicts, we also saw for instance, a rise in hospitals being taken for military use, and it was also very disturbing to see children’s medical facilities being deliberately targeted,” he told IPS.   “These trends highlight the need for leadership [on increasing accountability]. Accountability for attacks on healthcare is not a silver bullet—accountability for murder does not stop all murders, for instance – but no consequences are a guarantee of further violations,” he added.   Christian de Vos, Director of Research and Investigations at Physicians for Human Rights (PHR), which is a member of the SHCC, suggested a lack of accountability for attacks on healthcare in previous conflicts had emboldened certain forces to do the same in new wars.   “This goes back to the historical evolution of attacks on healthcare and the consequences of impunity. The patterns of attacks on healthcare that Russian forces, together with the Syrian government, perpetrated in the Syria conflict have a lot of links to how Russia has fought its full-scale invasion of Ukraine,” he told IPS.   In its report, the SHCC has made a number of recommendations to help end attacks on healthcare and hold those behind them accountable.   These include UN and national authorities and the International Criminal Court (ICC) taking new measures to end impunity, strengthening prevention of conflicts, improving data collection on attacks at global and national levels, bolstering global, regional, and domestic leadership—especially through the WHO and UN—on protecting healthcare, and supporting and safeguarding health workers.   Some of these plans would also see a key role played by local actors, including NGOs and other groups active in healthcare and human rights.   SHCC admits, though, that some of these are likely to be hard to implement.   “Our recommendations are aspirational and we accept that their implementation could be difficult in the context of the inherent difficulties of conflicts, but there are some areas where we think definite change could be achieved,” said Wille.   She explained that developing capacity for local health programmes to be more security and acceptance conscious could be strengthened.   “There is a need for training for the healthcare sector on how to understand, approach, and manage security and risk in conflict. Such support should be given to those responsible for overseeing plans for healthcare provision in conflicts so that services continue to be provided but with as much safety as possible,” she said.   She added that governments could also make a real difference by pushing to ensure ‘deconfliction’—the process by which a health agency announces to all parties who they are, where they work and what they are doing, and how it can be recognized and which in return receive assurances that they will not be targeted is adhered to by all sides in a conflict.   “Such mechanisms exist, however, at the moment, far too often they are not respected or applied in several conflicts. Governments can insist on the implementation of de-confliction, and this would also be a great help,” she said.   However, if significant change is to be made in ensuring accountability for attacks on healthcare, experts agree that it can only be done with strong political commitment on the issue.   “We have seen over the years that there hasn’t been this commitment and what we need is a strong commitment that will go beyond just words and statements condemning these attacks to real concrete action,” Rubenstein said.   He stressed that the massive, targeted destruction of healthcare seen in some recent conflicts had changed the wider political perception of the effects of such attacks.   “What has changed is the knowledge of the magnitude of these attacks and the enormous suffering they bring, not just directly at the time of the attacks but long after as well. This knowledge can stimulate the kind of leadership we need on this,” he said.   De Vos said that especially the Israel-Hamas war and the prominence of attacks on healthcare in that conflict had “shown clearly the devastation and suffering such attacks cause.”   “This might bring about the change in will to ensure accountability that we would like to see,” he said.   But while there may be optimism among experts around the chance for such change, they are less positive about the prospects for any reduction in the volume of attacks on healthcare in the immediate future.   “Unfortunately, the trajectory is not a positive one—there’s no ceasefire in Gaza, the war continues in Ukraine, and conflict is ongoing in the places where we have seen the most of these attacks on healthcare. It’s a pretty grim state,” said De Vos.   http://www.ipsnews.net/2024/05/international-community-urged-to-end-impunity-for-violence-against-healthcare-in-conflicts/ http://safeguarding-health.com/ http://www.msf.org/attacks-medical-care http://www.globalr2p.org/resources/resolution-2286-protection-of-civilians-s-res-2286/ Visit the related web page
	Independent International Commission of Inquiry on Ukraine report by United Nations Human Rights Council, agencies   July 2024   Extensive Civilian Harm from Russian Attacks This Spring. (OHCHR, HRMMU)   The increase in attacks by Russian armed forces during March, April, and May caused extensive civilian casualties and significant damage to civilian property and infrastructure, according to a new report by the Office of the High Commissioner for Human Rights (OHCHR) prepared by the United Nations Human Rights Monitoring Mission in Ukraine (HRMMU).   The report details the human rights situation in Ukraine between 1 March and 31 May 2024, illustrating the compounded difficulties civilians face, ranging from immediate physical harm to long-term socio-economic challenges.   It highlights the human rights impact of the Russian armed forces’ renewed large-scale attacks on critical energy infrastructure starting in March, their ground offensive into the Kharkiv region in May, and other developments in both occupied territory and in the Government-controlled areas of Ukraine.   “With May having the highest monthly number of civilian casualties in nearly a year,fighting this spring took a horrific toll on civilians, particularly in Kharkiv region and city” said Danielle Bell, the Head of HRMMU. “The relentless attacks resulted in tragic loss of life, displacement, and destruction of homes and businesses.”   Among the main reasons for the extensive civilian harm, HRMMU identified the use of powerful air-dropped bombs and missiles in populated areas and at least five instances of successive attacks on the same location within a short interval (sometimes referred to as “double-tap” attacks), which caused numerous casualties among first responders.   During the reporting period, Russian armed forces launched their largest campaign of attacks against critical energy infrastructure since the winter of 2022-2023, killing and injuring civilians, and affecting millions of people across the country.   “Five waves of attacks against energy infrastructure resulted in civilian casualties and significant power cuts for millions of people across the country, with cascading effects on water supply, mobile and internet connectivity, and public transportation,” said Bell. “The full impact of the attacks on energy infrastructure will only be clear this upcoming winter when the reduced power-generating capacity of Ukraine could leave many without access to heating and other services necessary for their survival,” she added.   In territory controlled by the Government of Ukraine, HRMMU documented continued prosecution of people on charges of “collaboration activities” for actions that, in principle, could be lawfully compelled by the occupying Power. However, during the reporting period, the Government took steps to improve compliance with international human rights and humanitarian law in this respect.   In occupied territory, residents faced further pressure from the occupying authorities to obtain Russian citizenship, which they needed to access medical services and maintain their property rights. Family members of Ukrainian prisoners of war and civilian detainees described to HRMMU the anxiety and suffering caused by the lack of information about their loved ones as the Russian Federation continued to deny those detained regular communication with the outside world. Additionally, a new law in the Russian Federation further entrenched impunity for violations committed by its armed forces.   http://ukraine.un.org/en/273037-extensive-civilian-harm-russian-attacks-spring http://www.unicef.org/press-releases/statement-unicef-executive-director-catherine-russell-deadly-strikes-ukraine http://www.unocha.org/news/un-acting-relief-chief-briefs-security-council-childrens-hospital-strike-ukraine http://www.ohchr.org/en/press-releases/2024/07/ukraine-turk-deplores-wave-strikes-killing-dozens-civilians-including-women http://www.ohchr.org/en/statements-and-speeches/2024/07/high-commissioner-turk-provides-update-ukraine-war-worst-enemy   June 2024   Russia accused of ‘deliberate’ starvation tactics in Mariupol in submission to ICC. (Guardian News, Global Rights Compliance)   Russia engaged in a “deliberate pattern” of starvation tactics during the 85-day siege of the Ukrainian city of Mariupol in early 2022, which amounted to a war crime, according to a fresh analysis submitted to the international criminal court.   The conclusion is at the heart of a dossier in the process of being submitted to the ICC in The Hague by the lawyers Global Rights Compliance, working in conjunction with the Ukrainian government. It argues that Russia and its leaders intended to kill and harm large numbers of civilians.   It has been estimated that 22,000 people were killed during the encirclement and capture of the city of Mariupol at the beginning of the war in Ukraine. Civilians were left without water, gas or electricity within days of the siege as temperatures fell below minus 10C.   Catriona Murdoch, a partner at Global Rights Compliance, said the aim of the research was “to see if there was a broader narrative” that amounted to a deliberate denial of food and other amenities necessary for life by the Russian military and its leadership, a strategy of starvation that could be said to amount to a war crime.   “What we could see is that there were four phases to the Russian assault, starting with attacks on civilian infrastructure, cutting out the supply of electricity, heating and water. Then humanitarian evacuations were denied and even attacked, while aid was prevented from getting through,” Murdoch said.   “In the third phase, the remaining critical infrastructure was targeted, civilians terrorised with aid and water points bombed. Finally, in phase four, Russia engaged in strategic attacks to destroy or capture any remaining infrastructure items,” she said.   The phased targeting of Mariupol, she said, demonstrated that Russia had planned to capture the frontline city without mercy for its civilian population, which was estimated at 450,000 before the full invasion began in 24 February 2022.   The dossier concludes that an estimated 90% of healthcare facilities and homes in the city were destroyed or damaged during the siege, and food distribution points were bombed as well as humanitarian evacuation routes.   Given the importance of Mariupol and the centralisation of Russian decision-making, culpability for the deaths of thousands of civilians went to the top, it says. “Vladimir Putin is culpable,” Murdoch said, “and echelons of the Russian military leadership”, although she did not name commanders.   The ICC accepts third-party submissions although it does not necessarily act on them. Starvation and the denial of amenities necessary for civilian life are considered war crimes, but this remains a relatively new area of international law, and so far no alleged perpetrator has been prosecuted.   Last month, Karim Khan, the chief prosecutor at the ICC, applied for an arrest warrant for Israel’s prime minister, Benjamin Netanyahu, and minister of defence, Yoav Gallant, arguing that the two had deliberately inflicted starvation on Palestinians in Gaza – a claim rejected by Israel.   “Israel has intentionally and systematically deprived the civilian population in all parts of Gaza of objects indispensable to human survival,” Khan said. Three Hamas leaders were also subject to similar applications, relating to the war that began with the attack by the group on Israel on 7 October.   Murdoch said Khan’s applications for the arrest warrants linked to the conflict in Gaza “were the first of their kind” relating to starvation as a war crime, and had highlighted the issue in the minds of lawyers and prosecutors. “What it showed is where the ICC’s thinking is,” she said.   The lawyers said initially they were unsure as to how easy it would be to create a war crimes dossier for Mariupol because the Russian occupation made evidence-gathering difficult, despite the fierce fighting and high numbers of casualties.   But they developed a technique that used a specially created algorithm to map the destruction of specific locations, as monitored by satellite imagery, with what explosives experts assessed as Russian attack.   http://www.theguardian.com/world/article/2024/jun/13/russia-accused-of-deliberate-starvation-tactics-in-mariupol-in-submission-to-icc http://starvationaccountability.org/news-and-events/russias-ruthless-use-of-starvation-against-ukraine-must-be-confronted/ http://starvationaccountability.org/news-and-events/grc-partner-catriona-murdoch-lecture-at-kings-college-on-the-weaponisation-of-food-in-ukraine/   June 2024   On 24 June 2024, Pre-Trial Chamber II of the International Criminal Court (“ICC” or “Court”), issued warrants of arrest for two individuals, Mr Sergei Kuzhugetovich Shoigu and Mr Valery Vasilyevich Gerasimov, in the context of the situation in Ukraine for alleged international crimes committed from at least 10 October 2022 until at least 9 March 2023.   Mr Sergei Kuzhugetovich Shoigu, Minister of Defence of the Russian Federation at the time of the alleged conduct, and Mr Valery Vasilyevich Gerasimov, Chief of the General Staff of the Armed Forces of the Russian Federation and First Deputy Minister of Defence of the Russian Federation at the time of the alleged conduct, are each allegedly responsible for the war crime of directing attacks at civilian objects (article 8(2)(b)(ii) of the Rome Statute) and the war crime of causing excessive incidental harm to civilians or damage to civilian objects (article 8(2)(b)(iv) of the Rome Statute), and the crime against humanity of inhumane acts under article 7(1)(k) of the Rome Statute.   There are reasonable grounds to believe they bear individual criminal responsibility for the aforementioned crimes for (i) having committed the acts jointly and/or through others (article 25(3)(a) of the Rome Statute), (ii) ordering the commission of the crimes (article 25(3)(b) of the Rome Statute), and/or (iii) for their failure to exercise proper control over the forces under their command (article 28 of the Rome Statute).   The two warrants of arrest were issued following applications filed by the Prosecution. Pre-Trial Chamber II considered that there are reasonable grounds to believe that the two suspects bear responsibility for missile strikes carried out by the Russian armed forces against the Ukrainian electric infrastructure from at least 10 October 2022 until at least 9 March 2023. During this time-frame, a large number of strikes against numerous electric power plants and sub-stations were carried out by the Russian armed forces in multiple locations in Ukrai   Pre-Trial Chamber II found that there are reasonable grounds to believe that the alleged strikes were directed against civilian objects, and for those installations that may have qualified as military objectives at the relevant time, the expected incidental civilian harm and damage would have been clearly excessive to the anticipated military advantage.   In this regard, the Chamber observed that one of the core objectives of international humanitarian law is the protection of civilians in armed conflicts. Therefore, the Chamber, when assessing criminal responsibility for the alleged perpetration of war crimes during the conduct of hostilities, must consider whether the alleged conduct abided by the principle of distinction, which prohibits the use of armed force against civilians and other protected persons.   As part of its assessment of the actions of those suspected of serious violations of international humanitarian law, insofar as these are codified as crimes under the Rome Statute, the Chamber will always consider the effect of said actions on the safety and security of civilians, including the most vulnerable, such as the elderly, women and children..   http://www.icc-cpi.int/news/situation-ukraine-icc-judges-issue-arrest-warrants-against-sergei-kuzhugetovich-shoigu-and http://www.icc-cpi.int/situations/ukraine   Sep. 2023   UN Commission of Inquiry on Ukraine finds continued systematic and widespread use of torture and indiscriminate attacks harming civilians   There is continuous evidence that Russian armed forces are committing war crimes in Ukraine, including unlawful attacks with explosive weapons, attacks harming civilians, torture, sexual and gender-based violence, and attacks on energy infrastructure, the Independent International Commission of Inquiry on Ukraine said in its latest update today.   During a presentation to the Human Rights Council in Geneva, the Commission reported that it had documented explosive weapons attacks on residential buildings, a functional medical facility, a railway station, a restaurant, shops and commercial warehouses. These attacks led to civilian casualties, the damage or destruction of key facilities, and the disruption of essential services and supplies.   The Commission deplores that attacks affecting civilians and medical institutions, which have protected status, continue to take place.   The Commission is investigating the cause of the breach of the Nova Kakhovka dam and its impact on the civilian population.   The Commission’s investigations in Kherson and Zaporizhzhia indicate the widespread and systematic use of torture by Russian armed forces against persons accused of being informants of the Ukrainian armed forces. In some cases, torture was inflicted with such brutality that it caused the death of the victim.   One victim who suffered torture through electric shocks stated: “Every time I answered that I didn’t know or didn’t remember something, they gave me electric shocks … I don’t know how long it lasted. It felt like an eternity.”   In the Kherson region, Russian soldiers raped and committed sexual violence against women of ages ranging from 19 to 83 years, the Commission found. Frequently, family members were kept in an adjacent room hence being forced to hear the violations taking place.   Amongst the many devastating consequences for children, the Commission has continued to investigate individual situations of alleged transfers of unaccompanied minors by Russian authorities to the Russian Federation. It regrets that there is a lack of clarity and transparency on the full extent, circumstances, and categories of children transferred.   The Commission is also concerned about allegations of genocide in Ukraine. For instance, some of the rhetoric transmitted in Russian state and other media may constitute incitement to genocide. The Commission is continuing its investigations on such issues.   The Commission reiterates its deep concern at the scale and gravity of violations that have been committed in Ukraine by Russian armed forces and emphasizes the need for accountability. It also recalls the need for the Ukrainian authorities to expeditiously and thoroughly investigate the few cases of violations by its own forces.   The Commission’s latest update to the Human Rights Council is a continuation of its previous reports, including its Conference Room Paper with detailed findings, released on 29 August 2023.   Since its establishment, the Commission has travelled over ten times to Ukraine. In the course of its investigations, its members and investigators met with government authorities, international organisations, civil society, and other relevant stakeholders.   * Sep. 2023: 54th session UN Human Rights Council interactive dialogues:   http://www.ohchr.org/en/press-releases/2024/03/ukraine-un-commission-concerned-continuing-patterns-violations-human-rights http://www.ohchr.org/en/press-releases/2023/09/un-commission-inquiry-ukraine-finds-continued-systematic-and-widespread-use http://www.ohchr.org/en/hr-bodies/hrc/iicihr-ukraine/index http://www.ohchr.org/en/news/2023/09/nearly-12-years-parties-conflict-syrian-arab-republic-continue-perpetrate-war-crimes?sub-site=HRC http://www.ohchr.org/en/news/2023/09/fact-finding-mission-venezuela-tells-human-rights-council-human-rights-violations-are?sub-site=HRC http://www.ohchr.org/en/news/2023/09/human-rights-council-hears-challenges-human-rights-burundi-remain-enormous-and-human?sub-site=HRC http://www.ohchr.org/en/news/2023/09/human-rights-council-hears-situation-ethiopia-has-deteriorated-significantly-and?sub-site=HRC Visit the related web page
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