Dieser Beitrag ist nur in englischer Sprache verfügbar.

dossier

Pathways to Justice for Ukraine

The ongoing Russian war of aggression against Ukraine has not only upended an era of perceived geopolitical stability in Europe, but has also created a humanitarian crisis of devastating proportions. The urgency of the situation has been met by an unprecedented activation of accountability mechanisms and initiatives, both at the international and national level, to address substantiated evidence of war crimes and crimes against humanity committed within the conflict.

Thus far, the war has produced a massive catalog of blatant violations of international law, which, in light of the clouded information landscape of militarized conflict, almost certainly carries beneath it a “dark number” of undocumented abuses that is even larger. Beyond the international crime of aggression committed by the Russian regime in invading Ukraine, along with the direct torture and killing of Ukrainian civilians, accounts of sexual and gender-based violence – crimes that have historically been under-investigated within the context of war – continue to proliferate.

To address this situation, some crucial questions remain. How can legal authorities effectively coordinate in building cases while focusing their efforts on high-level perpetrators and the structural dimensions of the crimes committed? How can civil society critically engage with the ongoing investigations to ensure that survivor-centered approaches are adopted? What steps need to be taken to further advance international criminal justice as a whole, in order to avoid double standards and ensure that international crimes are also effectively prosecuted in other contexts?

In this dossier, we provide an overview of the international legal situation concerning criminal justice in the Russian-Ukrainian war, along with material that assesses various obstacles and pathways to the prosecution of war crimes and human rights violations arising from the conflict. With partners in Ukraine and other countries, ECCHR is currently pursuing several cases concerning Ukraine that are explained below. This site is intended to be continually under development and will be updated and expanded as more information becomes available.

I. Avenues for accountability
Casework and Investigations

ECCHR is currently involved in several cases, as well as open-source investigative collaborations, concerning international crimes committed in the war. In cooperation with our partners, our casework supports survivors in their efforts to pursue accountability for such crimes as conflict-related sexual violence, a deadly missile strike on civilian infrastructure, and the killing of Lithuanian filmmaker Mantas Kvedaravičius in the siege of Mariupol, among others.

In order to bridge the gap between legal expertise and the collection, analysis, and verification of digital evidence, ECCHR is working with partners Mnemonic/Ukrainian Archive and Ukrainian Legal Advisory Group on case-specific evidence reports from multiple media sources, with a particular focus on ensuring their evidentiary value in investigative proceedings.

Due to the restrictive circumstances of war-time conflict, both the gathering and the dissemination of information related to cases and investigations must contend with unique obstacles. Thus, our casework will be continually updated as information becomes both available and conveyable in light of changing events.

Investigating Russia’s War of Aggression against Ukraine

Online event from 09.02.2022

This panel explores how human rights organizations are engaging in the fight for justice regarding crimes committed within the war. With a particular focus on open-source investigations and strategic case building, the event examines existing approaches and obstacles to legally addressing these human rights abuses.

The panelists are: Maksym Rokmaniko (Director of the Center for Spatial Technologies in Kyiv); Nadia Volkova (Director of the Ukrainian Legal Advisory Group); Roksolana Burianenko (Project Manager of the Ukrainian Archive); Hannah Bagdasar (Lead Investigator with Bellingcat’s Global Authentication Project); and Arne Bardelle (Legal Advisor at ECCHR). Anne Schroeter (ECCHR’s Coordinator of the Investigative Commons) moderates the panel.

Mit dem Starten des Players akzeptieren Sie die Datenschutzerklärungen von Youtube.

Russia’s invasion of Ukraine in February 2022 has led to an unprecedented array of accountability initiatives for the crimes committed in this ongoing war of aggression.

The murder of Mantas Kvedaravičius

Lithuanian filmmaker Mantas Kvedaravičius was arrested by pro-Russian militias in 2022 during an attempt to evacuate civilians from Mariupol and was found murdered a few days later. ECCHR is now supporting Hanna Bilobrova, the filmmaker's fiancée, in her fight for justice and in the investigation of the murder by suspected pro-Russian militias.

Sexual violence by members of the Russian armed forces

A survivor is now calling for investigations in Germany: members of Russian armed forces allegedly first killed her husband and then raped her several times. In order to support the criminal prosecution already underway in Ukraine and to bring an end to the impunity of the perpetrators, the Ukrainian Legal Advisory Group (ULAG) and ECCHR jointly filed a criminal complaint with the German Federal Public Prosecutor in June 2023.

The Attack on the Mariupol Drama Theater

The destruction and subsequent occupation of Mariupol by the Russian Armed Forces have fragmented its communities, leaving most survivors dispersed across different regions of Ukraine, other parts of Europe, and beyond.

Approximately 350,000 Mariupol citizens were forced to leave the city (OHCHR, 2022), while according to the Statistics Service of Ukraine, more than 425.000 people lived in the city before the full-scale invasion.

This project by the Center for Spatial Technologies (CST) looks at the bombing of the Mariupol Drama Theater as an emblem of Russia's strategies of terror. The aim is to assemble the voices of members of the Mariupol Theater diaspora within a digital project of reconstruction. Additionally, ECCHR provides legal analysis, concluding that the Russian attack on the theater likely constitutes a war crime.

Mariupol Drama Theater. Spatial Archive

An archive dedicated to the study of the Russian air bombing of the Mariupol Drama Theater. The Center for Spatial Technologies is collecting media materials about this crime and the history of the theater, including situated testimonies with 10 witnesses, photos, videos, and social media posts organized around a 3D model of the theater.

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Model Mariupol Drama Theater airstrike © Center for Spatial Technologies

A Legal Assessment

The Attack on the Mariupol Drama Theater

ECCHR conducted a legal analysis of the attack on the Mariupol Drama Theater. The Center for Spatial Technologies provided ECCHR with extensive research materials, primarily consisting of summaries of eyewitness accounts, as well as a technical assessment of the explosion. In addition, the analysis incorporated information from public sources, such as a report by Amnesty International and articles from the Associated Press, BBC, and the New York Times.

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II. Background
Questions and answers

Despite a wide range of efforts by the Ukrainian government, civil society and the international community to pursue accountability fo crimes arising from the conflict, there remain significant questions as to how this should be achieved and how international criminal law can be strengthened.

Read our Q&A for a more detailed account of the international legal situation with regard to the Russian-Ukrainian war, along with ECCHR's position on these issues.

What investigations are underway at the national, regional and international level?

What is our perspective on current investigations into war crimes in Ukraine?

What steps must Ukraine take to strengthen international criminal law at the international level?

What steps must Ukraine take to strengthen international criminal law domestically?

What legislative steps must other countries take to advance accountability for crimes committed in Ukraine?

Why are some actors calling for the establishment of a special tribunal for the crime of aggression?

What problems do we see regarding proposals for a special tribunal solely for the crime of aggression? What other options are on the table to deliver justice?

What are the rights of victims who have fled to the European Union?

III. Analysis
Justice and accountability in context

The overwhelming response by many Western countries to the call for the swift application of international criminal justice to address the human rights situation in Ukraine is clearly a welcome development.

However, it is nonetheless essential that any application of international justice avoids the pitfalls of double standards, i.e. of being applied in an uneven and disproportionate manner across the spectrum of severe conflicts in recent history (especially those involving Western states). The danger: double standards may only serve to weaken institutions of international law in the long run.

Statements

Media

A guest commentary by Andreas Schüller (only in German), published in Forschungsjournal Soziale Bewegung 35.JG. Heft 2.2022

What are the implications of the war in Ukraine for international criminal justice?

The Russian invasion of Ukraine in February 2022 was followed by a multi-layered response, primarily from Western states. Activation of international criminal justice was one of the key issues in response to Russian violations of international law. Implementation now presents both opportunities and risks. International criminal justice can emerge stronger from the international law crisis through stronger practice and improved coordination of investigations. But it can also be weakened in the long term if application practices remain one-sided with respect to Ukraine and beyond, and double standards are more entrenched than ever by powerful states.

Read the commentary

Discussions