ATTACKS ON CIVILIANS AND CIVILIAN INFRASTRUCTURE IN EASTERN UKRAINE PERIOD COVERED: March 2014 — November 2017 IPHR - International Partnership for Human Rights Square de l'Aviation 7A 1070 Brussels, Belgium W IPHRonline.org @IPHR E [email protected] @IPHRonline Truth Hounds W truth-hounds.org @truthhounds E [email protected] In partnership with National Endowment for Democracy W ned.org @NEDemocracy E [email protected] @National.Endowment.for.Democracy Table of contents 1. Introduction 7 1.1. EXECUTIVE SUMMARY 7 1.2. THE AUTHORS 8 1.3. SOURCES OF INFORMATION AND METHODOLOGY OF DOCUMENTATION 9 1.3.1 Data collection 9 1.3.2 Impact site documentation and analysis 10 1.3.3 Collecting physical evidence 11 1.3.4 Data analysis 11 1.3.5 Data verification 12 2. Update on the conflict: September 2015 – November 2017 13 3. Evidence of cross-border attacks by Russian armed forces supporting the existence of an international armed conflict 19 3.1. CONTEXT: AFRF OCCUPATION OF CRIMEA AND UKRAINIAN COUNTER-INSURGENCY 20 3.2. AFRF MOBILISATION TO THE RUSSIA-UKRAINE BORDER 23 3.2.1 AFRF troop build-up, camps and suspected artillery launch sites 23 3.2.2 AFRF Territorial Incursions and Reconnaissance Missions 29 3.2.3 Conclusion 30 3.3. DOCUMENTED CROSS-BORDER ATTACKS 31 3.3.1 Attacks on and around Kolesnykivka, Komyshne and Yuhanovka settlements 31 3.3.2 Attacks on Milove settlement 33 3.3.3 Attacks on Krasna Talivka settlement 35 3.3.4 Attacks on Dmytrivka and Pobieda settlements 37 3.3.5 Conclusion 38 3.4. CONCLUSION 39 4. Documented attacks on civilians and civilian objects 40 4.1. ANALYTICAL FRAMEWORK 40 4.2. AVDIIVKA 43 4.2.1 Targeted Area 43 4.2.2 Description/Overview Of Attacks 44 4.2.3 Table of Documented Attacks on Civilians and Civilian Objects in Avdiivka 46 4.2.4 Legal Assessment 52 4.2.5 Conclusion and Recommendations 52 4.3. KRASNOHORIVKA 53 4.3.1. Targeted Area 53 4.3.2. Description/Overview of Attack 53 4.3.3. Table of documented attacks on civilians and civilian objects in Krasnohorivka 55 4.3.4. Legal Assessment 61 4.3.5 Conclusion 61 4.4. KURDIUMYVKA – ZELENOPILLYA 62 4.4.1. Targeted Area 62 4.4.2 Description/Overview of Attacks 62 4.4.3. Legal Assessment 63 4.4.4. Conclusion 63 4.5. SARTANA 63 4.5.1 Targeted Area 63 4.5.2 Description/Overview of Attack 64 4.5.3 Legal Assessment 64 4.5.4 Conclusion and Recommendations 64 4.6. POPASNA 64 4.6.1 Targeted Area 64 4.6.2 Description/Overview of Attack 65 4.6.3 Legal Assessment 66 4.6.4 Conclusion 66 4.7. TROITSKE 66 4.7.1 Targeted Area 66 4.7.2 Description/Overview of Attack 67 4.7.3 Legal Assessment 67 4.7.4 Conclusion 67 4.8. MARJINKA 68 4.8.1 Targeted Area 68 4.8.2 Description/Overview of Attack 68 4.8.3 Legal Assessment 69 4.8.4 Conclusion 70 4.9. STANYTSIA LUHANSKA – VALUISKE 70 4.9.1 Targeted Area 70 4.9.2 Description/Overview of Attacks 71 4.9.3 Legal Assessment 72 4.9.4 Conclusion and Recommendations 72 4.10. SVITLODARSK – LUHANSKE 73 4.10.1 Targeted Area 73 4.10.2 Description/Overview of Attacks 73 4.10.3 Legal Assessment 74 4.10.4 Conclusion 74 4.11. OTHER DOCUMENTED ATTACKS 74 4.11.1. Table of other attacks documented by the Authors 75 4.11.2. Table of attacks documented by other organisations 79 4.12. CONCLUSION 83 5. Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations 84 5.1. ANALYTICAL FRAMEWORK 84 5.2. DOCUMENTED EVIDENCE OF UTILISING CIVILIANS AS ‘HUMAN SHIELDS 85 5.3. CONCLUSION 86 6. Conclusion and request 87 6 IPHR . TRUTH HOUNDS . ATTACKS ON CIVILIANS AND CIVILIAN INFRASTRUCTURE IN EASTERN UKRAINE 1. Introduction 1.1 Executive Summary 1. International Partnership for Human Rights (IPHR) and Truth Hounds (hereinafter, the Authors) present their latest report – Attacks on Civilians and Civilian Infrastructure in Eastern Ukraine. The Report sets forth new evidence of international crimes, perpetrated by the Ukrainian Armed Forces (UAF) and Russian- backed separatist militias – the so-called Donetsk Peoples’ Republic (DPR) and Luhansk Peoples’ Republic (LPR), in the context of and associated with the armed conflict in eastern Ukraine. This Report follows on from and complements a Report published by IPHR in October 2015 – Fighting Impunity in Eastern Ukraine (hereinafter, First Report).1 It focuses on evidence of attacks intentionally or indiscriminately directed at civilians and/or civilian infrastructure, on the use of civilians as human shields for military operations and equipment, and provides further evidence of cross-border attacks and interventions in the conflict by the Armed Forces of the Russian Federation (AFRF). 2. In publishing this Report the Authors aim: (a) to provide the public and Prosecutor of the International Criminal Court (ICC Prosecutor) with evidence of concrete episodes which qualify as war crimes, namely attacks on civilians and civilian infrastructure and the use of human shields; (b) to demonstrate the widespread nature of such crimes and their gravity – highlighting that legal requirements for opening a full ICC investigation have been met; (c) to set forth evidence of Russia’s direct involvement in the conflict and its ensuing international character; (d) to urge the ICC Prosecutor to seek authorisation for opening a full investigation at the earliest opportunity to ensure accountability and to prevent the loss of key evidence; (e) to preserve key evidence for future investigations and prosecutions in Ukraine, at the ICC or in other national or international jurisdictions. 3. In producing this Report, the Authors conducted 24 field missions to 43 settlements that lie on the so-called ‘contact line’ – a de facto border between areas controlled by UAF and those controlled by Russian-backed separatist militias – the so-called DPR and LPR. In the course of these missions, the Authors interviewed 297 witnesses and documented 208 attack impact sites, as well as collecting photographic and video evidence of damage to civilian infrastructure, impact craters, missile remnants and documentary evidence corroborating evidence provided by witnesses. The evidence was analysed using the ICC Statute, ICC Elements of Crimes and applicable jurisprudence. 4. The Report is divided into three substantive sections: Section 2 provides a brief factual overview of the conflict in eastern Ukraine since the publication of our First Report in October 2015. It focuses on events that have bearing on the nature of the armed conflict, the alleged crimes as well as on the seriousness and impact of those crimes (gravity) and the lack of effective domestic investigations and prosecutions (complementarity). Section 3 sets forth evidence of cross border attacks and territorial incursions by the AFRF in June - September 2014. The aim of this section is to demonstrate that involvement of Russian artillery and troops render this war, at least in part, an international armed conflict. Witness statements, artillery remnants and impact data, satellite imagery and social media posts reveal, to a high degree of probability, that the AFRF conducted cross-border attacks on Ukrainian territory from July to September 2014 from military camps and firing positions on the Russian side of the Russia-Ukraine border. In addition to constituting evidence of direct AFRF involvement in armed attacks in the documented instances, these attacks constitute circumstantial evidence of Russia’s involvement in the wider conflict in Eastern Ukraine, and its overall control over LPR and DPR separatist forces. 1 IPHR, ‘New Report: Fighting Impunity in Eastern Ukraine’, 7 Oct. 2015, available at: http://iphronline.org/new-report-fighting- impunity-in-eastern-ukraine-20151007.html (last accessed: 28/11/2017). ATTACKS ON CIVILIANS AND CIVILIAN INFRASTRUCTURE IN EASTERN UKRAINE . TRUTH HOUNDS . IPHR 7 Section 4 sets forth evidence of attacks on civilians and/or civilian infrastructure by all warring parties from the outset of the conflict in 2014. The Authors have identified 134 episodes documented in 22 settlements, on or in the vicinity of the contact line, that qualify as war crimes as defined in Article 8 of the ICC Statute. The attacks have resulted in at least 100 civilian deaths, 162 civilian injuries and hundreds of cases of total or partial destruction of civilian property and vital infrastructure. These episodes include attacks intentionally directed at civilians or civilian objects (in violation of Article 8(2)(b)(i)/(ii) or Article 8(2)(e)(i) of the ICC Statute), as well as attacks launched against military objectives that lack proportionality between anticipated incidental harm to civilians/civilian objects/the environment and the military advantage sought (in violation of Article 8(2) (b)(iv) of the ICC Statute). The Authors also note a disturbing number of attacks perpetrated against schools, kindergartens and hospitals – amounting to a separate war crime of attacks on medical and educational facilities under Article 8(2)(b)(ix) or Article 8(2)(e)(iv) of the ICC Statute. The impact sites and known military objectives have been mapped by the Authors, and given unique location reference point. References to locations can be found in the text in this form: (Ln [Number]). The map and all location reference points may be accessed online at: [truth-hounds.org]. Section 5 sets forth evidence of a recurrent practice – perpetrated by all parties to the conflict – of positioning artillery launch sites, military equipment and/or personnel in close proximity to civilians and civilian objects.