War crimes in Ukraine: where are we more than three months after the start of the conflict?
Exhumation of a mass grave near Boutcha, in the suburbs of kyiv, Ukraine, Monday June 13, 2022. © AP - Natacha Pisarenko
Text by: Romain Lemaresquier Follow
4 mins
The United Nations Commission of Inquiry on Ukraine presents, this Wednesday, June 15, the report of its investigation into the serious violations of human rights committed in the regions of Kiev, Chernihiv, Kharkiv and Sumy, between the end of February and March 2022. The purpose of this investigation is “
to hold those responsible accountable.
For the first time, with this conflict, war crimes are documented as the fighting continues.
How are these investigations carried out?
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The war in Ukraine represents a first in many areas, particularly in terms of justice and
the investigation of war crimes that have been and are still being committed
.
This could well mark a before and after.
But can we hope to see the culprits brought to justice?
It is the first time that so many actors have taken part in an effort of this type, the first time also that justice has investigated so quickly, explains Clémence Bectarte, lawyer and coordinator of the legal action group of the International Federation of Human Rights. of Man (FIDH).
"
These investigations are first of all unprecedented,
" she explains.
We have never seen so many actors and investigation mechanisms put in place so soon after the outbreak of a conflict, which is made possible thanks to the significant mobilization of the international community, particularly at the level of the United Nations. States, but also States, which called very early on for the opening of an investigation by
the International Criminal Court
.
So today we have a very significant effort, with different levels investigating the war crimes being perpetrated in Ukraine
.
»
The number of investigators appointed by the various jurisdictions
is impressive, as is the fact that they can collect evidence so quickly.
“
We also have a very large mobilization on the ground,
details Clémence Bectarte.
It must be emphasized that while this war is raging, there is significant access to the field for NGOs, and also for investigators from various jurisdictions who can, in real time, collect evidence and testimonies from victims
.
»
This is therefore one of the first times that investigators are working on abuses, while a few kilometers away, fighting continues.
A speed of action that allows them to collect evidence and archive it, while it is often very complicated to obtain.
A titanic job
However, the scale of the work remains colossal.
“
Today we are talking about more than 13,000 incidents which have reportedly been reported to the Ukrainian courts and which are the subject of investigations which could lead to qualifications of war crimes
”, continues Clémence Bectarte.
The difficulty also lies in the fact that these crimes are very diverse and that they do not necessarily look alike, as Belkis Wille, an investigator for the NGO Human Rights Watch, who has precisely worked on crimes committed in Chernihiv, confides: “
The types of abuses we have documented in
areas like Boutcha
and other areas outside Kyiv are very different from the types of attacks and abuses we see in the Chernihiv region, which are also very different from what we see in a region like
Kharkiv
or in the Donbass.
It has to do with the fact that Russian military units behave differently.
They use different types of weapons, so what happens on the ground is very different.
»
The hope that those responsible will be brought to justice
Despite the multiplicity of scenarios, which complicates the situation for the investigators on the spot, the justice system still has good hope of completing its work.
“
It should be remembered that the fact that these investigations can take place in real time and as close as possible to events makes possible, or even probable, the implementation of a real justice process
, hopes Clémence Bectarte.
This is fundamental, first and foremost for the victims, but also to fight against impunity, which is one of the causes of the outbreak of this war.
It is because the regime of Vladimir Putin and the Russian army have never been held responsible for other crimes committed, in Chechnya, in eastern Ukraine, in Crimea and of course in Syria, that this war could have been waged and that these crimes can be perpetrated today
.
»
►Also see: Iryna Venediktova, the Ukrainian investigator who wants to bring Vladimir Putin to justice
On Wednesday, June 15, the United Nations International Commission of Inquiry on Ukraine will submit a report on crimes committed in kyiv, Chernihiv, Kharkiv and Sumy.
Many others will unfortunately follow.
It remains to be hoped that they will make it possible to bring those responsible for the crimes to justice and that the conflict may mark a break in international justice.
© RFI
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