On Friday the 4th of March, the UN Human Rights Council decided to urgently establish an independent international commission of inquiry after Russia’s aggression against Ukraine. This is the highest-level probe that can be ordered by the Council. The 47-member institution strongly voted in favour of passing a resolution condemning alleged rights violations during Russia’s military action.
32 country representatives voted “yes”, while only Russia itself and Eritrea voted against the resolution. 13 members abstained, namely China, India, Armenia, Kazakhstan, Pakistan, Sudan, Uzbekistan, Venezuela, Cuba, Bolivia, Cameroon, Gabon and Namibia.
Lotte Knudsen, head of the EU Delegation to the UN in Geneva, said after the historic vote that “the position of the EU is well known by now. There is only one aggressor in this war. It is Russia. Not NATO, not Europe, not Ukraine. Russia must be held accountable for its actions.”
Before the vote, Ukraine’s UN ambassador in Geneva, Yevheniia Filipenko, urged the council to keep in mind its duty to “ensure accountability by mandating the documentation and verification of Russia’s crimes and identification of those responsible.”
After the vote, the ambassador stated: “Those from Russia directing and committing violations against my people should be paying attention. The evidence is going to be collected; you are going to be identified, and you are going to be held to account.”
The ambassador had told the council that there is “irrefutable evidence of gross and systematic human rights violations as well as war crimes and crimes against humanity by Russia.” Russia has denied committing any human rights violations and targeting civilians, since it began its military action on the 24th of February.
The Human Rights Council cannot make legally binding decisions, but its resolutions act as political messages and can authorise investigations. Friday’s vote created a three-person commission tasked with producing a report by early 2023. Initially set up for a period of one year, the commission will work alongside an already existing 60-member United Nations rights team for Ukraine. The scope of the commission is not yet fully determined, but it has been stated that it is to look at the root cause of the conflict, including probing allegations of abuse inside Russia.
Despite calls for Russia to be suspended from the Council, this can only be brought about by a decision of the United Nations General Assembly in New York. On Wednesday 2nd of March, this Assembly passed a resolution to deplore Moscow’s invasion and demand an immediate withdrawal, with a 141 - 5 vote.
The International Criminal Court in The Hague has also begun investigating possible war crimes in Ukraine. The UN Court is considering an injunction sought by Ukraine against Russia, under the UN Convention against Genocide. The ICJ is using a fast-track procedure, that can bring a ruling in a matter of days. However, Russia boycotted the trial on Monday 7th of March and the court ended the hearing one day early.
A second trial at another international court is looking into whether Vladimir Putin or other leading figures in Kremlin can directly be held responsible for war crimes or crimes against humanity in Ukraine. Reports note that hundreds of civilians have been killed and over 1.2 million civilians have fled Ukraine since the beginning of the invasion.
Full report can be read here.