Russia’s Violation of the Right to Life in Ukraine: An Unprecedented Communication before the UN Human Rights Committee
56th Session of the UN Human Rights Council
Side Event
10 July 2024
Palais des Nations, Room XXIV (Building E)
Sponsored by: Permanent Mission of the United Kingdom, Permanent Mission of Ukraine
Facilitated by: Legal Action Worldwide (LAW), the Clooney Foundation for Justice (CFJ), Truth Hounds.
During the 56th Session of the UN Human Rights Council, the Clooney Foundation for Justice (CFJ) and Legal Action Worldwide (LAW) will facilitate a side event to present their recent joint communication to the UN Human Rights Committee and discuss its potential to secure accountability for all victims of aggressive war.
In July 2022, a Russian missile strike on the city of Vinnytsia killed 29 Ukrainian persons and injured over 200 people. Relying on a previously untested interpretation of international human rights law, the communication alleges that Russia violated the right to life of all those killed in the attack. An individual communication was filed jointly by CFJ, leading Ukrainian organization Truth Hounds, and LAW on behalf of the families of Ukrainian civilians and soldiers.
The side event aims to use the individual communication and the novel legal arguments that it puts forward to start a conversation around crucial topics in international justice, such as the norm against aggression, the role of human rights law in conflict situations, and the various accountability options available to victims of international crimes and human rights violations. We hope this conversation will help advance justice for victims and survivors in Ukraine and beyond.
Context
Since Russia’s full-scale invasion of Ukraine on 24 February 2022, Russian forces have committed countless war crimes and human rights violations. Due to the unprecedentedly swift response by international and national justice mechanisms, the active involvement and collaborative approach of the Ukrainian authorities and real-time documentation efforts capturing evidence, the situation in Ukraine presents a unique opportunity for international justice and accountability.
National authorities in Ukraine and international mechanisms, including the International Criminal Court, have been collecting evidence for future criminal investigations and prosecutions of perpetrators, with civil society organizations actively supporting official processes by documenting crimes and collecting information to help bring perpetrators to account.
A consistent feature of Russia’s invasion of Ukraine since the start of the full-scale invasion has been shelling, bombardment, and missile strikes—like the Vinnytsia attack—against densely populated urban areas. Even now, Russia is intensifying attacks against Kharkiv, Ukraine’s second-largest city, killing civilians almost every day.
Yet, given the limitations of international humanitarian law and international criminal law, many of these attacks may not amount to war crimes. Under international humanitarian law, the victims of the Vinnytsia attack—as well as thousands of others killed due to shelling or attacks in densely populated urban—could be treated merely as “collateral damage” to the war under the law, with no options for justice. Similarly, Ukrainian soldiers killed as part of Russia’s attacks would have no opportunity for redress or accountability.
Impact
The joint communication requests that the Human Rights Committee affirm the norm against aggression and bring justice for families of the victims of the Vinnytsia attack by determining that Russia’s actions during this unlawful attack violated the right to life of those killed in the attack. In doing so, as part of its decision, the Committee would be the first international judicial organ to hold that Russia was engaged in an act of aggression.
Additionally, the communication requests that Russia safeguards all information relating to the Vinnytsia missile strike on 14 July 2022 and conducts a prompt, impartial, and independent investigation into the missile strike for the prosecution of those responsible. This request would allow Russia to meet its obligation to pursue criminal liability for those responsible for international crimes and human rights violations.
Objective:
The side event will serve as the initial platform for discussing the role human rights law can play in advancing accountability and international justice efforts. We will hear from international legal experts, practitioners, and survivor advocates on how human rights law and mechanisms can be used to advance justice for victims and survivors in Ukraine and beyond.
