AFTERNOON - Human Rights Council Hears Call to End Impunity and Achieve Accountability in the Democratic People’s Republic of Korea, and that Many Violations in Ukraine Amount to War Crimes
Council Concludes Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in Iran
The Human Rights Council this afternoon held an interactive dialogue with the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, and started an interactive dialogue with the Independent International Commission of Inquiry on Ukraine. It also concluded its interactive dialogue with the Special Rapporteur on the situation of human rights in Iran.
Elizabeth Salmón, Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, said that since the Democratic People's Republic of Korea’s border closure in early 2020, engagement and access to information were at its lowest point ever. This closure had allowed the authorities to tighten control over its people and prioritise the development of weapon systems. Access to food, medicines and health care remained a priority concern. The international community should approach the Democratic People's Republic of Korea’s human rights violations from two tracks -accountability and engagement. It should take action and advocate to end impunity and achieve accountability, including through criminal prosecutions. She had identified women and girls as the first priority of her work, including the situation of women in detention, who, especially those held on ‘political’ grounds, were detained in inhumane conditions, and were subjected to torture and ill-treatment, forced labour and gender-based violence by State officials.
Democratic People’s Republic of Korea did not take the floor as a country concerned.
In the ensuring discussion, some speakers remained appalled by the past and ongoing widespread and systematic human rights violations, some of which could constitute crimes against humanity. Efforts to support dialogue and diplomacy must be continued to achieve lasting peace and stability on the peninsula, of which respect for human rights was an integral part. There was particular concern for the situation for women and girls, the prevalence of sexual and gender-based violence, the use of forced labour, and the prevention of persons leaving or entering the country. Some speakers said that dialogue and consultations were the best means to resolve sovereign problems, and were the best means to avoid confrontation. The unilateral coercive measures imposed on the Democratic People's Republic of Korea had impeded the achievement of the human rights of the people of the country. The Human Rights Council should not be a place for bias, selectivity, politicisation and double standards.
Speaking in the discussion were European Union, Norway on behalf of a group of countries, Liechtenstein, United States, Czech Republic, Republic of Korea, Israel, Japan, France, China, Peru, Venezuela, United Kingdom, South Sudan, Albania, New Zealand, Lao People’s Democratic Republic, Australia, Belarus, Zimbabwe, Romania, Nicaragua, Cuba, Eritrea, Cambodia, Ireland, Iran, Burundi, Ukraine, Viet Nam, Syria, Russian Federation, and Switzerland.
Also speaking were Centre for Global Nonkilling, Ingenieurs du Monde, Human Rights Watch, Christian Solidarity Worldwide, International Federation for Human Rights Leagues, United Nations Watch, and People for Successful Corean Reunification.
The Council then started its interactive dialogue with the Independent International Commission of Inquiry on Ukraine.
Erik Møse, Chair of the Independent International Commission of Inquiry on Ukraine, said the conflict continued to inflict suffering on the civilian population, with more casualties, separation, displacement, and destruction of key infrastructure. This had affected millions of people, had worsened living conditions, and had hampered access to water, food, health, and education. The Commission’s investigations had demonstrated that Russian authorities had committed a wide range of violations of international humanitarian law and international human rights law in Ukraine. Many of these amounted to war crimes. As regarded the Ukrainian armed forces, the Commission had documented a small number of violations.
Mr. Møse said the Commission had not been able to verify the different figures provided by the parties related to forced transfers and deportation of children but had concluded that the situations it had examined violated international humanitarian law and amounted to war crimes. The Commission had made recommendations on accountability measures, and strongly believed that other dimensions of accountability, including truth, reparations, and guarantees of non-recurrence were essential. Priority should be given to a victims' registry and institutional support.
Russian Federation did not take the floor as a country concerned.
Ukraine, speaking as a country concerned, thanked the Commission of Inquiry for the comprehensive report. Over the year, the direst human rights and humanitarian emergency had been unfolding in Europe as a result of Russia's unprovoked and unjustified invasion of Ukraine, launched in blatant violation of the United Nations Charter and international law. Over the past months, the Commission of Inquiry had collected a body of evidence which showed that Russia had committed a wide range of violations of international human rights law and international humanitarian law. Many of Russia’s acts amounted to war crimes and crimes against humanity.
Ukrainian Parliament Commissioner on Human Rights addressed the Council.
In the ensuing discussion on Ukraine, some speakers said the brutality of the Russian armed forces was shocking: for more than a year, indiscriminate killings of Ukrainian civilians, and deliberate attacks on schools, hospitals and critical infrastructure had been daily occurrences in Ukraine. Speakers strongly condemned the indiscriminate as well as targeted attacks against civilians and civilian infrastructure, summary executions, wilful killings, unlawful confinement and detention in inhumane conditions, torture, ill-treatment, rape and other sexual and gender-based violence and forcible transfers and deportations, including of children. Some speakers condemned the politicisation of human rights and using them to put pressure on States, stating that any approach that would aggravate the conflict and regional tension was not a positive step: the top priority was to avoid escalation and loss of control.
Speaking in the discussion were Lithuania on behalf of a group of countries, European Union, Albania on behalf of a group of countries, Lithuania on behalf of another group of countries, United Nations Women, Liechtenstein, United States, Finland, Ireland, Sovereign Order of Malta, Germany, Czech Republic, Estonia, Republic of Korea, Japan, Portugal, France, Belgium, China, Latvia, Luxembourg, Switzerland, Cyprus, Costa Rica, Israel, North Macedonia, Canada, Poland, Venezuela, and Slovakia.
At the beginning of the meeting, the Council concluded its interactive dialogue with the Special Rapporteur on the situation of human rights in Iran. The interactive dialogue started in the previous meeting and a summary can be found here.
Javaid Rehman, Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, in concluding remarks, regretted that despite all his efforts, the Government was failing to engage with his mandate, and requested the Iranian authorities to accept his mandate and allow him access to the country. He rejected allegations that the report was prejudiced and politically motivated; it was the result of thorough and independent investigations aimed at establishing the facts around human rights violations. Mr. Rehman called on the Iranian authorities to immediately end all forms of violence against protestors, and to fully cooperate with the Independent Fact-Finding Mission to ensure accountability and justice. All peaceful protestors must be released.
In the discussion on Iran, some speakers said there was great concern about the deterioration of the human rights situation in Iran following the peaceful protests that had been prompted by the death of Mahsa Amini. The Iranian authorities should respect the lives of its people, impose an immediate moratorium on the death penalty, restore full engagement and cooperation with the Special Rapporteur, and fully cooperate with the International Fact-Finding Mission. Some speakers said that imposing country specific mandates without the consent of the country concerned was counterproductive to the promotion and protection of human rights, and this mandate, as well as that of the Fact-Finding Mission, were biased and selective, reiterating that the promotion and protection of human rights should be based on respectful dialogue and constructive cooperation, and be guided by the principles of universality, impartiality, objectivity and non-selectivity.
Speaking in the discussion were Spain, Albania, New Zealand, Italy, Malta, Lao People's Democratic Republic, Montenegro, Australia, Belarus, Romania, Syria, Cuba, Nicaragua, Ukraine, Niger, Russian Federation, France, and Argentina.
Also speaking were Baha'i International Community, Institute for Protection of Women's Rights, Justice for Iran, Women's Human Rights International Association, International Educational Development, International Bar Association, International Harm Reduction Association, Article 19 - International Centre Against Censorship, Organization for Defending Victims of Violence, and International Federation for Human Rights Leagues.
The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-second regular session can be found here.
The next meeting of the Council will be at 10 a.m. on Tuesday, 21 March, when it will continue and conclude the interactive dialogue with the Independent International Commission of Inquiry on Ukraine, and start an interactive dialogue with the Independent International Commission of Inquiry on the Syrian Arab Republic.
Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in Iran
The interactive dialogue with the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran started in the previous meeting and a summary can be found here.
Discussion
In the discussion, some speakers expressed great concern about the deterioration of the human rights situation in Iran following the peaceful protests that were prompted by the death of Mahsa Amini. Iran should enforce international human rights agreements and treaties that it was party to, in particular with regard to Iranian women, and allow them to express their civil rights without being arrested or murdered. Hundreds of protesters had been severely injured, and many protesters had been arbitrarily arrested, detained, tortured, and ill-treated, including sexual and gender-based violence. Deep concern was expressed about the use of the death penalty in Iran against individuals arrested while exercising their legitimate rights to freedom of expression and opinion, and peaceful assembly and association. Iran had a notorious long-standing record of systematic violations, which included a sharp increase in executions, where ethnic and national minorities were particularly affected.
Some speakers said the Iranian authorities should respect the lives of the Iranian people, impose an immediate moratorium on the death penalty, restore full engagement and cooperation with the Special Rapporteur, and fully cooperate with the international fact-finding mission. Restrictions on freedom of expression, including persecution of journalists, were unacceptable. That the Special Rapporteur continued to be denied access to the country was alarming and unacceptable. The authorities should ensure freedom of expression and peaceful assembly, as well as release all of those who had peacefully expressed their opinion. Iran should ensure respect for the human rights of all, including of persons belonging to ethnic and religious minorities, ensure accountability for human rights violations, and cooperate with the United Nations monitoring bodies, such as the Fact-Finding Mission and the Special Rapporteur.
One speaker shared the Special Rapporteur’s view that despite appeals by the international community, executions had taken place following trials which violated the right to due process and a fair trial. This right was guaranteed under the International Covenant on Civil and Political Rights, to which Iran was a party; there should be an immediate moratorium on the death penalty in Iran, and executions should be halted.
One speaker commended the efforts of the Iranian Government to promote and protect human rights in the country, and welcomed its commitment to sustain constructive engagement and interaction with the United Nations human rights mechanisms as well as bilateral dialogue to promote human rights for all. Imposing country specific mandates without the consent of the country concerned was counterproductive to the promotion and protection of human rights, and this mandate, as well as that of the Fact-Finding Mission, were biased and selective, some speakers said, reiterating that the promotion and protection of human rights should be based on respectful dialogue and constructive cooperation, and be guided by the principles of universality, impartiality, objectivity and non-selectivity. Resolutions on Iran, based on hypocritical positions of the West, should be rejected.
Among questions raised were what further measures could the international community take to express the depths of its concern about the situation; how could the international community support the Special Rapporteur’s call for Iran to immediately release all those arbitrarily detained; what concrete steps could the international community take in order to protect the most vulnerable, especially Iranian women and girls, aside from supporting accountability efforts with respect to human rights violations; and how to support the right to freedom of expression of the Iranian people, including online?
Concluding Remarks
JAVAID REHMAN, Special Rapporteur on the situation of human rights in Iran, regretted that despite all his efforts, the Government was failing to engage with his mandate. The Government had not made any comment on the report, which was submitted to them, and continued to deny him access to the country. Mr. Rehman requested the Iranian authorities to accept his mandate and allow him access to the country. He rejected allegations that the report was prejudiced and politically motivated; it was the result of thorough and independent investigations aimed at establishing the facts around human rights violations. In several reports, Mr. Rehman said he had recognised the impacts of sanctions on the health sector and the economic sector, however, sanctions were not an excuse to violate the rights of women or for the execution of hundreds of people. Mr. Rehman called on the Iranian authorities to immediately end all forms of violence against protestors. The police responsible for the death of Ms. Amini should be held accountable without delay. All individuals responsible for killings needed to be held responsible, including authorities at the highest levels who had ordered serious violations of human rights.
Mr. Rehman said the Iranian Government should also fully cooperate with the Independent Fact-Finding Mission to ensure accountability and justice. All peaceful protestors must be released. There needed to be an end to all violence against women and girls, including sexual violence and abuse. All laws which discriminated against women and girls, including the law for forced hijab, needed to be repealed. There was evidence of serious human rights violations, including murder, enforced disappearance and executions, as part of State instigated policy, which pointed to the possibility of crimes against humanity. Mr. Rehman was deeply concerned about the alarming levels of execution, including the disturbing increase in drug related executions, and the increased targeting of ethnic minorities. Iran should immediately abolish the death penalty and should ratify the International Covenant on Civil and Political Rights.
All those arbitrarily detained must be immediately released. The harassment of journalists and threats of violence needed to end immediately. All foreign and dual nationals arbitrarily detained in Iran needed to be released at once. Mr. Rehman said he would continue to collaborate closely with the Fact-Finding Mission, including through sharing information, to ensure justice and accountability. There needed to be a complete overhaul of the system in Iran. The mandate was there to support the much-needed reforms, and the Iranian Government and the international community were encouraged to engage with the mandate.
Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in the Democratic People’s Republic of Korea
Report
The Council has before it the report by the Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea, Elizabeth Salmón (A/HRC/52/65)
Presentation of Report
ELIZABETH SALMÓN, Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, said in the past decade, there had been some progress in engagement with the Democratic People's Republic of Korea. However, since the border closure in early 2020, engagement and access to information were at its lowest point ever. This closure had allowed the authorities to tighten control over its people and prioritise the development of weapon systems. Access to food, medicines and health care remained a priority concern. The international community should approach the Democratic People's Republic of Korea’s human rights violations from two tracks -accountability and engagement. It must engage in reflective thinking and make repeated efforts to re-engage with the Democratic People's Republic of Korea for the sake of the human rights of the “North Korean” people. It should also take action and advocate to end impunity and achieve accountability, including through criminal prosecutions. The Council should press for comprehensive negotiations with the Democratic People's Republic of Korea that comprised not only peace and security but also economic development and humanitarian and human rights issues.
The Special Rapporteur said she had adopted a victim-centred approach and focus on specific segments of the population during her mandate, with the aim of developing a detailed and layered analysis of the human rights situation, accompanied by tailored recommendations to help secure improvements. She had identified women and girls as the first priority of her work, including the situation of women in detention, who, especially those held on ‘political’ grounds, were detained in inhumane conditions, and were subjected to torture and ill-treatment, forced labour and gender-based violence by State officials. Gender-based violence against women, including domestic violence and sexual violence, was prevalent, and impunity was widely accepted.
The report offered practical recommendations for mitigating the plight of women in the Democratic People's Republic of Korea, among them assigning female guards to women prisoners, defining domestic violence and providing gender sensitive training to law enforcement officials. The Special Rapporteur urged the Democratic People's Republic of Korea to study the recommendations, circulate them to their officials and women’s associations, and implement them. The current stalemate in dialogue and diplomacy only enabled the further deterioration of the human rights situation under the cloak of secrecy, and facilitated the further development of the country’s weapons programme, including nuclear weapons.
Discussion
In the ensuring discussion, speakers said, among other things, that the report once again showed that the deteriorating human rights and humanitarian situation in the Democratic People's Republic of Korea continued to require international attention. Speakers remained appalled by the past and ongoing widespread and systematic human rights violations, some of which could constitute crimes against humanity. The Democratic People's Republic of Korea had been in near complete isolation from the international community over the past three years, and the prolonged border closure, coupled with limited access to food, medicines and health care, and its potential to exacerbate the already dire human rights and humanitarian situation, remained extremely concerning. Efforts to support dialogue and diplomacy must be continued to achieve lasting peace and stability on the peninsula, of which respect for human rights was an integral part.
The disproportionate share of the Democratic People's Republic of Korea’s State budget allocated to military spending crippled the ability of the country to meet its own population’s basic needs. The Democratic People's Republic of Korea should grant access for international humanitarian staff and assistance. The complete absence of an independent and impartial judiciary provided no national recourse for human rights violations in the country. There was particular concern for the situation for women and girls, the prevalence of sexual and gender-based violence, the use of forced labour, and the prevention of persons leaving or entering the country.
Some speakers said that the Democratic People's Republic of Korea should cooperate fully with the United Nations and the Office of the High Commissioner for Human Rights, and take meaningful and measurable steps to improve the human rights situation in the country, including opening its borders for humanitarian assistance. While there was some legal protection of women and girls under domestic legislation, the gap between the laws and their implementation was concerning. Sexual assault and rape against women were often perpetrated by men in positions of power, with total impunity, and the Government should live up to its duty to protect and promote the rights of women and girls, including through enacting policies and advocacy to prevent it and prosecuting perpetrators.
Some speakers also expressed concern about the appalling conditions in detention and forced labour camps. The Government must refrain from arbitrary arrest and detention and respect the rights of prisoners, which included access to legal assistance and the right to a fair trial, as well as the right to food and water. Human rights violations occurred in a broader context of oppression and structural impunity. Some speakers called upon the United Nations Security Council to refer the situation in the Democratic People's Republic of Korea to the International Criminal Court.
Some speakers said dialogue and consultations were the best means to resolve sovereign problems and were the best means to avoid confrontation. The unilateral coercive measures imposed on the Democratic People's Republic of Korea had impeded the achievement of the human rights of the people of the country. The Human Rights Council should not be a place for bias, selectivity, politicisation and double standards. The Special Rapporteur should present her reports impartially and objectively, and refrain from presenting unverified information. One speaker pointed out that this mandate had had no tangible result in over two decades, other than the squandering of millions of dollars. Such mandates were used as a tool to support dark interests and were doomed to failure. The report, which engaged in extreme cherry-picking, was partial, used unverifiable information, and was rejected in its entirety, and the speaker urged the Council to do away with these costly mandates that were an affront to the true cause of human rights and unfairly targeted the countries of the Global South.
Among questions raised by speakers were what steps could States take with regard to the efforts of civil society actors, in particular those who promoted women’s rights, to address the situation of human rights; how could the international community best engage with the authorities to improve the human rights situation in the country; how could Member States assist mandate holders in their efforts to obtain access to the country; and what steps could the international community take in order to prevent and address the ongoing violations of the rights of women and girls and how could civil society contribute to these efforts.
Concluding Remarks
ELIZABETH SALMÓN, Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, said as an Independent Expert, she worked in an impartial fashion with objective information. She was ready to cooperate with the Democratic People’s Republic of Korea whenever they saw fit to do so. The Democratic People’s Republic of Korea, like all Member States, had an obligation to protect peace and the human rights of its population. In the report, the normative developments which had taken place in the Democratic People’s Republic of Korea had been highlighted. The Democratic People’s Republic of Korea had decided to accept 130 of the 162 recommendations issued to it from the Universal Periodic Review. Ms. Salmón had met with many families and victims and could feel their pain. Civil society, academic and victims’ associations, as well as the support of States and other mechanisms, were vital. A conference had been held which was a comprehensive way to work on the issues of the Democratic People’s Republic of Korea in collaboration with other actors.
Interactive Dialogue with the Independent International Commission of Inquiry on Ukraine
Report
The Council has before it the report of the Independent International Commission of Inquiry on Ukraine (A/HRC/52/62).
Presentation of Report
ERIK MØSE, Chair of the Independent International Commission of Inquiry on Ukraine, said the report that was being presented today covered nine regions and events that took place during almost one year. The Commission had strengthened its analysis of patterns of violations, thematically deepened its investigations on torture, included attacks on energy infrastructure, and continued to articulate recommendations on a broad notion of accountability. The Commission noted that the conflict continued to inflict suffering on the civilian population, with more casualties, separation, displacement, and destruction of key infrastructure. This had affected millions of people, had worsened living conditions, and had hampered access to water, food, health, and education. During its mandate, the Commission had travelled eight times to Ukraine, where it visited 56 locations, and had assessed the information it gathered impartially and in total independence from any country or entity. It established a constructive cooperation with Ukrainian authorities through access to the territory and regular communication.
The Commission’s investigations had demonstrated that Russian authorities had committed a wide range of violations of international humanitarian law and international human rights law in Ukraine. Many of these amounted to war crimes. As regarded Ukrainian armed forces, the Commission had documented a small number of violations. With regard to the conduct of hostilities, the Commission had confirmed its previous findings on the Russian conduct of hostilities, and had documented considerable civilian harm. The Commission recommended further investigations to clarify whether all elements of crimes against humanity were fully met, including to what extent a policy was directed against the civilian population, and whether the accumulated impact on this population over time was equivalent to that of the enumerated acts that constituted crimes against humanity. The Commission’s further investigations had covered a wide-spread pattern of summary executions in areas controlled by Russian armed forces, widespread unlawful confinement, torture and inhuman treatment of detainees, and sexual and gender-based violence.
The Commission had not been able to verify the different figures provided by the parties related to forced transfers and deportation of children but had concluded that the situations it had examined violated international humanitarian law and amounted to war crimes. The Commission had made recommendations on accountability measures, and strongly believed that other dimensions of accountability, including truth, reparations, and guarantees of non-recurrence were essential. Priority should be given to a victims' registry and institutional support.
Statement by Country Concerned
Russian Federation did not take the floor as a country concerned.
Ukraine , speaking as a country concerned, thanked the Commission of Inquiry for the comprehensive report. Over the year, the direst human rights and humanitarian emergency had been unfolding in Europe as a result of Russia's unprovoked and unjustified invasion of Ukraine, launched in blatant violation of the United Nations Charter and international law. The international community had decisively condemned the invasion and attacks by the Russian armed forces against Ukraine’s territory and armed forces, which qualified as acts of aggression against Ukraine. The entire world had been witnessing Russia's unspeakable atrocities in Ukraine, including wilful killings, indiscriminate attacks on civilians and civilian objects, unlawful confinement, torture, rape, and unlawful transfer and deportation of children. Over the past months, the Commission of Inquiry had collected a body of evidence which showed that Russia had committed a wide range of violations of international human rights law and international humanitarian law. Many of Russia’s acts amounted to war crimes and crimes against humanity.
Ukraine had launched a comprehensive effort to ensure that Russia did not escape accountability for its crimes. Arrest warrants for Putin and Lvova Belova recently issued by the International Criminal Court were the first step towards bringing the world's worst war criminals and their accomplices to justice. Evidence collected by the Commission would become part of the court proceedings to prosecute Russian political and military leadership for the crime of aggression against Ukraine. Ukraine depended on the Commission to maintain their focus on the human rights and humanitarian impact of Russia's deliberate, widespread, and systematic attacks on Ukraine’s civilian energy infrastructure, on the involvement of Belarus in facilitating military attacks on Ukraine, and on deportations of people from Ukraine's territory. The Commission's continued assessment of Russia's actions, including forced transfer of children to its the territory, was highly important. Ukraine called upon the Human Rights Council members to support the extension of the Commission's mandate for another year and provide the Commission with all necessary support and resources to enable the Commission to effectively implement its mandate.
Ukrainian Parliament Commissioner on Human Rights expressed gratitude for the work of the Commission and its conclusions and recommendations. The world had to know about crimes committed by the Russian military. Many of them were beyond human, particularly, the cases of unlawful confinement and torturing of Ukrainian children and their forcible displacement to the Russian Federation. Such actions were not simple violations, but genocidal according to article 2 of the United Nations Genocide Convention and needed to be legally qualified and investigated. The execution of an unarmed Ukrainian soldier after the words ‘Glory to Ukraine’ needed to be properly assessed. The cruel torture applied to Ukrainian prisoners of war and their mass execution in Olenivka was another attempt to hide the results of such torture. The Commission of Inquiry should investigate the case of Olenivka under its mandate as soon as access to that area was possible. The Commission should strengthen its work on the ground.
Discussion
In the ensuing discussion, some speakers said the brutality of the Russian armed forces was shocking: for more than a year, indiscriminate killings of Ukrainian civilians, and deliberate attacks on schools, hospitals and critical infrastructure had been daily occurrences in Ukraine. Russian soldiers continued to demonstrate unimaginable cruelty by perpetrating summary executions, torture and conflict-related sexual violence. Speakers strongly condemned the indiscriminate as well as targeted attacks against civilians and civilian infrastructure, summary executions, wilful killings, unlawful confinement and detention in inhumane conditions, torture, ill-treatment, rape and other sexual and gender-based violence and forcible transfers and deportations, including of children. These latter practices were condemned in the strongest possible terms and speakers called for immediate return of all Ukrainian children to their homes.
The findings of the Commission of Inquiry were, some speakers said, objective and impartial, as opposed to Russia’s deliberate disinformation and propaganda. Its findings gave even stronger impetus to take decisive action as it concluded that numerous violations of international humanitarian law and international human rights law, as well as war crimes, were committed. There was deep concern over the growing body of evidence of violations of international human rights law and international humanitarian law, and of war crimes. The report painted a dramatic picture of the situation on the ground and concluded that the attacks on Ukraine’s energy-related infrastructure and the use of torture by Russian authorities may amount to crimes against humanity. There could be no impunity for violations of international law; the investigations must continue until full accountability was ensured.
This was Russia’s war of choice, perpetrated with clear intent, broadcast far and wide, even for those who would rather not hear. Those responsible for the ongoing grave and massive violations of international human rights law and international humanitarian law must be held accountable, some speakers said. Russia must immediately, completely and unconditionally stop its ongoing aggression and fully respect Ukraine’s sovereignty, independence and territorial integrity within its internationally recognised borders. Some speakers said they supported the establishment of a special tribunal on the crime of aggression, as aggression was ultimately the origin of all other international crimes committed in Ukraine. Given that the crime of aggression was a leadership crime, it was also of crucial importance to ensure that there was no impunity. Several speakers spoke with approbation of the recent arrest warrants issued by the International Criminal Court.
Some speakers said that the crisis had had serious negative impact on all parties, bringing more instability to the regional and global situation. Sovereignty and territorial integrity must be respected, and the legitimate security concerns of every country must be taken seriously. The politicisation of human rights was condemned, using them to put pressure on States was condemned, and any approach that would aggravate the conflict and regional tension was not a positive step: the top priority was to avoid escalation and loss of control. There should be a political settlement to the process. The hegemonic countries of the North Atlantic Treaty Organization were arming Ukraine to a negative end, intensifying the conflict and undermining the human rights of all those involved, including through the infliction of unilateral coercive measures. There should be a cessation of any actions that led to an escalation, without pressure or sanctions.
Among questions posed by speakers were: how could the international community make sure that it remained well informed about the violations happening in Ukraine; how could the Commission of Inquiry’s mandate be further strengthened in order to support the overall accountability effort; what measures should be taken to ensure a fully holistic approach to accountability; how did the Commission recommend the international community respond to Russia’s forcible transfer and deportation of Ukraine’s children and how could their return be ensured; what were the biggest challenges the Commission faced in its investigations and how could the Council effectively mitigate them; and how could the Commission’s findings feed into the work of the International Criminal Court?
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not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.
HRC23.036E