Fighting Impunity in Eastern Ukraine Violations of International Humanitarian Law and International Crimes in Eastern Ukraine October 2015 Report prepared by International Partnership for Human Rights in the framework of the Civic Solidarity Platform Supported by a grant from “the Open Society Foundations” For further inquiries regarding this report, to provide feedback or request paper copies, please write to:
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[email protected] Disclaimer: The contents of this report are the sole responsibility of International Partnership for Human Rights and do not necessarily reflect the position of all members of the Civic Solidarity Platform or the Open Society Foundations. Reproduction and translation, except for commercial purposes, are authorized, provided the source is acknowledged and provided the publisher is given prior notice and supplied with a copy of the publication. 2 TABLE OF CONTENTS · EXECUTIVE SUMMARY 6! 1. INTRODUCTION 7! · WHO WE ARE 7! · PURPOSE OF THIS REPORT 8! · SOURCES OF INFORMATION AND METHODOLOGY OF DOCUMENTATION 8! 2. BACKGROUND AND OVERVIEW OF THE CONFLICT 10! · 2.1 HISTORICAL BACKGROUND 10! · 2.2 EUROMAIDAN 12! · 2.3 OVERVIEW OF THE CONFLICT 13! 3. PRELIMINARY MATTERS 19! · 3. 1 THE LEGAL FRAMEWORK 19! · 3.2 !LEGAL QUALIFICATION OF THE CONFLICT TAKING PLACE IN EASTERN UKRAINE ! SINCE MARCH 2014 21! 3 3.2.1 RUSSIAN ARMED FORCES ARE OR HAVE BEEN DIRECTLY ENGAGED IN THE CONFLICT 22! 3.2.2 RUSSIA HAS CONTROL OVER THE SEPARATIST FORCES 24! 3.2.3 RUSSIAN FORCES HAVE OCCUPIED A PART OF UKRAINIAN TERRITORY 25! · 3.3 EVIDENCE OF A WIDESPREAD AND/OR SYSTEMATIC ATTACK ON THE CIVILIAN POPULATION 26! 3.3.1 ATTACK ON A CIVILIAN POPULATION 27! 3.3.2 WIDESPREAD OR SYSTEMATIC 29! 3.3.3 ! PURSUANT TO STATE OR ORGANISATIONAL POLICY TO COMMIT SUCH AN ATTACK 30! IPHR · VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL CRIMES IN EASTERN UKRAINE 3 3 4.