Report of the Independent International Commission of Inquiry on Ukraine to the Human Rights Council

The Independent International Commission of Inquiry on Ukraine hereby submits its report to the Human Rights Council, pursuant to the Council’s resolution 52/32, which renewed its initial mandate. Two years after the Russian Federation’s full-scale invasion of Ukraine, civilian suffering from the hardships of the armed conflict continues to mount, notably resulting from the disregard for basic principles of humanitarian laws and of human rights obligations. The Commission has found new evidence that Russian authorities have committed violations of international human rights and international humanitarian law, and corresponding war crimes, in areas that came under their control in Ukraine. The Commission is concerned by the continued use of explosive weapons in civilian areas. It has assessed the grave impact on civilians of the fighting and the siege in Mariupol city at the outset of the full-scale invasion. More recent indiscriminate attacks violating international humanitarian law committed by Russian armed forces have led to civilian casualties and the destruction and damage of civilian objects, including of protected objects such as hospitals and cultural property. Often, Russian armed forces failed to take feasible precautions to verify that the affected objects are not civilian. The Commission confirms its previous conclusion that the multiplicity of such attacks shows a pattern of disregard by Russian armed forces for possible harm to civilians. New evidence strengthens the Commission’s previous findings that torture used by Russian authorities in Ukraine and in the Russian Federation has been widespread and systematic. It describes cases of horrific treatment of Ukrainian prisoners of war in several detention facilities in the Russian Federation. The report documents incidents of rape and other sexual violence committed against women in circumstances which also amount to torture. It also details incidents of torture with a sexualised dimension and threats of rape against male prisoners of war. Investigations found additional evidence concerning the unlawful transfer of children to areas under Russian control. The report also documents a few violations of human rights by Ukrainian authorities against persons suspected of collaboration with Russian authorities. The Commission is concerned at the scale, continuation, and gravity of violations and crimes it has investigated and the impact on victims and the affected communities. It reiterates the importance of accountability, in all its dimensions.