FIDH and its member organization in Ukraine, the Center for Civil Liberties (CCL), condemn in the strongest terms Russia’s aggression and occupation of Ukraine and call on all parties to the international armed conflict to respect international humanitarian and human rights law. FIDH and the CCL urge the international community to respond with urgent statements and countermeasures, and the ICC to open an investigation into a situation that has been under its purview for eight years.
On February 24, 2022, Russian President Vladimir Putin announced the start of a “special military operation” in Ukraine, launching an armed attack on major Ukrainian cities, including the capital, Kyiv, Kharkiv, Odessa, Mariupol and Kramatorsk, which would have involved the use of ballistic cruise missiles and multiple rocket launchers.
Civilian deaths and damage to civilian infrastructure, including major airports, have been reported.
FIDH and the CCL recognize that an international armed conflict is taking place in Ukraine, with parts of the Ukrainian regions of Donetsk and Luhansk, as well as Crimea, already under Russian occupation. The parties to the conflict must respect international humanitarian law on the conduct of hostilities and the law on occupation in areas under effective Russian control. International human rights law continues to apply throughout Ukrainian territory, including Crimea.
There are reliable reports that some of the attacks have been launched from Belarusian territory, with the participation of Belarusian armed forces.
FIDH and the CCL remind all parties to the conflict that attacks against the civilian population and civilian infrastructure, as well as indiscriminate attacks, are prohibited by international humanitarian law and may constitute war crimes.
The attack comes just two days after Russia’s recognition of the so-called Donetsk and Luhansk People’s Republics, the separatist entities waging – with Russia’s support – a war against Ukraine’s armed forces since 2014, after Russia annexed Crimea. The Prosecutor of the International Criminal Court (ICC), whose Office has been examining the situation in Ukraine since 2014, determined in December 2020 that there was a reasonable basis to believe that war crimes and crimes against humanity had been committed in Ukraine. The next step would be to seek authorization from the ICC judges to open a full investigation into the situation. FIDH and the CCL call on the ICC not to remain silent and to take action in the face of the escalating conflict and flagrant violations of international law.
The recognition of the separatist territories and the subsequent armed attack on Ukraine constitute violations of Article 2(4) of the UN Charter, which prohibits the threat and use of force against the territorial integrity of Ukraine.
