Fourth Interim Report on reported violations of international humanitarian law and international human rights law in Ukraine [EN/RU/UK]

I. Executive Summary

1. In line with its monitoring mandate, ODIHR launched the Ukraine Monitoring Initiative (UMI) to monitor and report on the most pressing issues affecting the lives of civilians and prisoners of war (POWs), following the Russian Federation’s military attack in Ukraine on 24 February 2022. This is the Fourth Interim Report on reported violations of international humanitarian law (IHL) and international human rights law (IHRL) produced by the UMI, building on the findings and recommendations of the three previous Interim Reports.

2. The Report includes a short overview of developments in the context of the armed conflict from 1 June to 30 November 2023, while the main body of the report focuses on specific issues reported to ODIHR by 91 witnesses during five monitoring deployments conducted by ODIHR in the second half of 2023. The report is also informed by the UMI’s remote monitoring, using open-source investigation techniques and information supplied by institutions of the Russian Federation and Ukraine and civil society organizations, among other actors.

3. ODIHR’s monitoring found that Russian Federation forces continued to use explosive weapons with wide area effects in their attacks on densely populated urban areas of Ukraine, causing numerous civilian casualties, both in areas close to heavy fighting and in cities far from the contact line. ODIHR also collected information on the targeting of civilian infrastructure, including objects indispensable to the survival of the civilian population and cultural property. From late September, the Russian Federation resumed attacks on critical energy infrastructure, ahead of the winter period. Although on a much smaller scale, Ukrainian armed forces shelled populated areas of Ukraine occupied by the Russian Federation, which caused civilian casualties and damage to civilian objects.

4. The destruction of the Kakhovka dam and the ensuing flooding had catastrophic humanitarian and environmental consequences, with dozens killed or missing, thousands displaced and homes destroyed across an area previously home to 100,000 people.
   Evacuating residents, assisted by humanitarian actors, reported being shelled by Russian Federation forces as they attempted to flee. More broadly, attacks on humanitarian operations increased, resulting in the deaths of humanitarian workers, destruction of supplies and disruptions to the provision of emergency aid as the environment for providing humanitarian assistance deteriorated.

5. ODIHR received additional reports of torture inflicted against Ukrainian prisoners of war (POWs). Both sides continue to expose POWs to public curiosity, in violation of IHL, with Ukrainian POWs more frequently at risk. The Russian Federation and affiliated authorities brought ‘terrorism’ charges against individuals who should have been afforded POW status.

6. Reports of forcible transfers and deportations of Ukrainian children continued, both within Russian Federation-occupied areas of Ukraine and from these areas to the Russian Federation. It remains challenging to assess the exact number of children affected.

7. The Ukrainian authorities continued to investigate and convict individuals for collaboration with the Russian occupying authorities. Concerns persisted regarding the vague wording of applicable legislation and, in some cases, the failure to distinguish between ‘voluntary’ cooperation, which may legitimately be prosecuted, and cooperation under duress, which should not be criminalized.

8. ODIHR continued to document cases of arbitrary detention in Russian Federationoccupied areas, interviewing 22 survivors, as well as 12 eyewitnesses and receiving 11 more credible allegations of further incidents, some of which may amount to enforced disappearances and incommunicado detention. The information suggests that many were targeted for their real or perceived support for the Ukrainian armed forces or for their refusal to cooperate with the occupation administration, among other ‘anti-Russian’ positions.

9. Information received by ODIHR from survivors and witnesses indicates the widespread and systematic use of torture by the Russian Federation in occupied areas of Ukraine.
   Twenty of 22 survivors of arbitrary detention reported being subjected to torture or other ill-treatment while in detention. At least six reported sexual violence, while survivors also reported witnessing others being tortured, including allegations from one eyewitness of detainees being tortured to death. Torture was reportedly mostly used during interrogations and was aimed at extracting information and also to punish or humiliate victims. Severe beatings were reported as the most common method of torture, leaving survivors, in many cases, with long-term physical injuries and trauma. Two Ukrainian former POWs reported being tortured in Russian Federation detention and held alongside civilians.

10. Witnesses and survivors provided ODIHR with detailed information regarding the movement and displacement of civilians from occupied territories, a large number of which may be considered forcible and thus unlawful. Witnesses described various reasons pushing them to leave, including restrictions imposed by occupying authorities, encroaching hostilities and coercion to collaborate with the occupying authorities, among others. Two witnesses described being forcibly ‘deported’ to Ukrainian governmentcontrolled territories. Some witnesses described instances of being fired upon by Russian Federation forces while fleeing and having to traverse mined roads.

11. Many witnesses from occupied territories described the various measures and pressures in place designed to coerce them into becoming Russian citizens. The regulations and restrictions on, and intimidation Ukrainian citizens to compel them to change nationality constitute serious violations of IHL.

12. ODIHR continued to receive reports of unlawful restrictions to the rights to freedom of peaceful assembly in Russian Federation-occupied territories. Assemblies were reportedly dispersed using excessive force, including live ammunition, and participants were intimidated, harassed and detained as means to suppress peaceful protests.

13. ODIHR makes a series of recommendations, calling on both parties to the conflict to address the issues highlighted in this report, as well as to respect and ensure respect for IHL and IHRL.