Human Rights Watch has repeatedly welcomed the release by OHCHR of its detailed reports and we praise the important work of the UN human rights monitoring mission throughout the country. As highlighted in these reports, we are alarmed at the failure by all parties to the armed conflict in eastern Ukraine to protect civilians. Despite the ceasefire agreement, which entered force on September 5, sporadic fighting, including heavy shelling,continues.
Human Rights Watch on-the-ground research findings show that both the insurgents and the Ukrainian forces have violated international humanitarian law, or the laws of war, and committed other abuses during this conflict.
HRW findings from several fact-finding missions to eastern Ukraine revealed that Ukrainian government forces have apparently launched unguided Grad rockets in populated areas that killed dozens of civilians and wounded many more in insurgent-controlled areas of Donetsk during attacks carried out in July and August.Grads are unguided rockets that cannot be targeted accurately, and are often fired in salvos to saturate a wide area. During an August 20-22, 2014 visit to Luhansk, at the time under siege by Ukrainian armed forces, Human Rights Watch interviewed more than a dozen people who witnessed or became victims of artillery, mortar, and rocket attacks, both by the government forces and by the insurgents that killed or injured civilians. Many of the attacks appeared to be indiscriminate, in other words the forces either did not or could not distinguish between civilians and combatants. Indiscriminate attacks are prohibited under international humanitarian law.
Human Rights Watch called on all parties to the conflict in eastern Ukraine to stop using Grad rockets in or near populated areas because of the likelihood of killing and wounding civilians. Insurgent forces should minimize the risk to civilians under their control by avoiding deploying forces and weapons in densely populated areas.
Ukraine’s international supporters should urge the Ukrainian government to strictly adhere to international humanitarian law, including by stopping indiscriminate attacks and ending all use of Grad rockets in populated areas.
As highlighted by the High Commissioner’s report, the government of Ukraine should promptly and independently investigate all credible allegations of laws of war violations, and ensure that perpetrators of the violations and abuses are brought to justice in line with international standards. It should be the priority of this Council to keep the focus on the human rights dimension of the deadly conflict that is affecting Ukraine and to ensure full accountability for victims of serious violations of international law, irrespective of which party is responsible.
