According to the
International Committee of the Red Cross, the arbiter of
international humanitarian law, the conflict is a "war", meaning that war crimes investigations can be held. A press release from the organisation said "These rules and principles [international humanitarian law] apply to all parties to the non-international armed conflict in Ukraine, and impose restrictions on the means and methods of warfare that they may use". In 2014,
Human Rights Watch said that Ukrainian government forces, pro-government paramilitaries, and the separatists had used unguided
Grad rockets in attacks on civilian areas, stating that "The use of indiscriminate rockets in populated areas violates international humanitarian law, or the laws of war, and may amount to war crimes". Human Rights Watch documented Grad rocket use in civilian areas in the fighting at Donetsk railway station on 21 July, in Kuibyshivskyi district of Donetsk city on 19 July, and in Petrovskyi district of Donetsk city and Marynivka on 12 July. It called on all sides to stop using the "notoriously imprecise" Grad rockets. It also said that the separatists had destroyed medical equipment, threatened medical staff, and occupied hospitals. A member of Human Rights Watch witnessed the exhumation of a "mass grave" in
Sloviansk that was uncovered after separatists retreated from the city. Allegations that Ukrainian army used white phosphorus had been previously reported by Russian state controlled medias from June onward. They also said that some of the videos cited by the Russian media were actually from a 2004 white phosphorus attack by American forces in
Iraq. Separatists with bayonet-equipped automatic rifles in the city of Donetsk paraded captured Ukrainian soldiers through the streets on 24 August, the
Independence Day of Ukraine. During the parade, Russian nationalistic songs were played from loudspeakers, and members of the crowd jeered at the prisoners with epithets like "fascist".
Street cleaning machines followed the protesters, "cleansing" the ground they were paraded on. In a press-conference on 25 August, Russian Foreign Minister
Sergei Lavrov said he "did not see anything close to abuse" at the parade. On the following day, the separatists tied a woman accused of being a spy to a lamppost. They wrapped her in a Ukrainian flag, and had passers-by spit her, slap her, and throw tomatoes at her. The report focused on the
Aidar Battalion, which operates in the northern part of Luhansk Oblast. Amnesty International Secretary General
Salil Shetty, met with Ukrainian prime minister
Arseniy Yatsenyuk on the same day, and urged him and his government to bring the territorial defence battalions "under effective lines of command and control, to promptly investigate all allegations of abuses and to hold those responsible to account". They said that the graves contained the bodies of both DPR separatists and civilians. OSCE monitors who went to the grave site said that they saw two dirt mounds, each containing two bodies. On the side of a road in the village, OSCE monitors reported that they saw a mound of dirt that "resembled a grave", had "a stick with a plaque" that said "died for Putin's lies", and which also listed the names of five people. The reported violations included detention camps and mass graves. Subsequently, on 15 October, the SBU opened a case on "crimes against humanity" perpetrated by insurgent forces. A mid-October report by Amnesty International documented cases of
summary executions by both pro-Russian and Ukrainian forces. It also said that many abuses were deliberately misreported as "accidents". The report said that an Amnesty International team found no traces of "mass graves", but said that they had documented isolated incidents that could constitute war crimes. It also noted that accusations of abuses were being "inflated" as part of a "propaganda war" waged by both sides, but particularly by Russia. Ukraine did not sign the 2008
Convention on Cluster Munitions, which banned their usage. Ukrainian forces denied using any cluster munitions, and an
OSCE spokesman said that they had found no trace of cluster munitions use in the combat zone. A German foreign ministry spokesman said that the German government had requested an independent inquiry into the matter. On 3 February 2015, the OSCE confirmed that Luhansk had been shelled by 9M55K model
Smerch rockets (calibre 300mm) with cluster munitions. In October 2014,
Aleksey Mozgovoy organised a "people's court" in
Alchevsk that issued a death sentence by a
show of hands to a man accused of rape. Mozgovoy also answered questions from the audience, explaining that he ordered his patrols to "arrest any woman found sitting in a café" because women "should care about their spirituality". This statement caused significant critical response in the Russian media. Amnesty International reported that it had found "new evidence" of summary killings of Ukrainian soldiers on 9 April 2015. Having reviewed video footage, it determined that at least four Ukrainian soldiers had been shot dead "execution style". AI deputy director for Europe and Central Asia Denis Krivosheev said that "the new evidence of these summary killings confirms what we have suspected for a long time". AI also said that a recording released by
Kiev Post of a man, allegedly separatist leader
Arseny Pavlov, claiming to have killed fifteen Ukrainian prisoners of war was a "chilling confession", and that it highlighted "the urgent need for an independent investigation into this and all other allegations of abuses". In December 2015, a team led by
Małgorzata Gosiewska published another large report on war crimes in Donbas. Indiscriminate shelling near water facilities in Donetsk region have a negative impact on the supply of water for the civilian population on both sides of the contact line. In villages Dolomitne, Nevelske, Novooleksandrivka, Opytne, Pisky, Roty, and Vidrodzhenniato the Ukrainian troops block access of the local population to medical care. In addition to this some units of the Ukrainian Armed Forces are reportedly involved in numerous cases of looting of private houses.
UN monitoring of abuses At a press conference in Kyiv on 15 December 2014,
UN Assistant Secretary-General for human rights
Ivan Šimonović stated that the majority of human rights violations committed during the conflict were carried out by the separatists. He also said, however, that this could not be used as an excuse by Ukrainian forces to commit human rights violations. UN observers also registered multiple episodes of sexual abuse against locals, mainly women, at the border checkpoints run by both Ukrainian forces and pro-Russian armed groups. The presence of combatants in civil communities also brings up a danger of sexual violence against their population and increase the risk of rape and human trafficking. During 2014 and 2015, the UN Monitoring Mission documented multiple reports about people abducted by pro-Russian armed groups and Ukrainian military forces.
International Criminal Court Proceedings On 25 April 2014, the
International Criminal Court (ICC) started a preliminary examination of
crimes against humanity that may have occurred in Ukraine in the 2014
Euromaidan protests and civil unrest, the 2014
annexation of Crimea by the Russian Federation, and the
war in Donbas. On 11 December 2020, the
Prosecutor of the International Criminal Court,
Karim Ahmad Khan, found that "there was a reasonable basis to believe that war crimes and crimes against humanity were committed" in the 2014 Euromaidan protests and civil unrest, the 2014
Russian annexation of Crimea and the war in Donbas. He stated that the "alleged crimes identified would [as of December 2020] be admissible" and that there was "a reasonable basis for investigation, subject to judicial authorisation". ==Infrastructure damage==