Human Rights Watch welcomes the declaration lodged by Ukraine earlier this month accepting the International Criminal Court’s jurisdiction with respect to alleged crimes committed in its territory since 20 February 2014. The declaration paves the way for the ICC to formally investigate alleged crimes committed in Ukraine by both sides since the start of the current conflict. Human Rights Watch calls on Ukraine to ratify the Rome statute and join the court as a full member.
Ukraine authorities should conduct a full investigation into the use of cluster munitions and unguided rockets over the course of the last year by all sides to the conflict. Clear action is also required to prevent them being deployed in future. Ukraine should join the 2008 Convention on Cluster Munitions banning cluster munitions, which have widespread indiscriminate effect at the time of use and present long-lasting danger to civilians.
The government of Ukraine should also simplify the process of issuing passes required to travel between government-controlled and rebel-held areas. It is an essential step to improve the plight of civilians trapped in conflict-affected zones and facilitate access to humanitarian aid. The existing system of passes has severely restricted freedom of movement of the civilian population in rebel-controlled areas seeking to leave those areas to reach safety and access life-saving services, including medical treatment, available in Ukraine-controlled areas. The existing system of passes also significantly impedes delivery of humanitarian aid.
In the course of the conflict in eastern Ukraine, government and rebel forces alike have not taken the necessary measures to ensure schools enjoy the protection to which they are entitled. Deploying military forces in and near schools can put students at grave risk in violation of the laws of war and expose important education infrastructure, which is a prima facie protected civilian target, to damage and destruction. Attacks on schools and education including using schools as military bases, should stop.
The Ukrainian Parliament should repeal the so-called ‘anti-communist law’, a legislative package adopted in April, which bans communism symbols, and ‘communist propaganda’ in Ukraine. This overly broad law is incompatible with respect for the freedom of expression and association in Ukraine.
Finally, President Poroshenko should immediately revoke the decree from September 16, expanding a wide-ranging blacklist of people banned from entering Ukraine, including dozens of journalists. Banning journalists is a misguided step which shows blatant disregard for freedom of expression.
