Armed Conflict in the East of Ukraine: the Damage Caused to the Housing of the Civilian Population
Armed conflict in the East of Ukraine: the damage caused to the housing of the civilian population
Kharkiv Human Rights Publisher 2019 УДК 355.01-058.65(477.61/.62-07)(047.1)’’2014/2018’’=111 З-41 List of abbreviations
ARC — Autonomous Republic of Crimea АТО — anti-terrorist operation ERW — explosive remnants of war IDP — internally displaced person MCA — military-civil administration NGO — public organization Authors: GCA — government controlled area Nataliia Melnyk, Alina Pavlyuk, Maksim Petrov, Oksana Glushko NGCA — non-government controlled area PGoU — Prosecutor General’s Office of Ukraine SES — State Emergency Service of Ukraine HCS — housing and communal services MM — mass media AFU — Armed forces of Ukraine The Convention — Convention for the Protection of Human Rights and Fundamental Freedom Armed conflict in the East of Ukraine: the damage caused to the housing of the civilian popula- ECHR — European Court of Human Rights З-41 tion / compiler Nataliia Melnyk. — Kharkiv: LLB “Human Rights Publisher”, 2019. — 82 p. Checkpoint — entry-exit checkpoint ISBN 978-617-7391-64-6 MIAU — the Ministry of Internal Affairs of Ukraine The report analyzes the scale of destruction of houses as a result of hostilities in the Donetsk and Luhansk oblasts, IAG — illegal armed groups possible violations of international humanitarian law that could lead to a damage or destruction of homes of civilians, the impact of mass shelling on the population of the region, especially the protection of property rights of civilians during the UXO — unexploded ordnance armed conflict. Recommendations are provided to improve the situation. OSCE — Organization for Security and Co-operation in Europe
The publication is prepared within the initiative “Overcoming impunity for massive human rights violations and other in- OSA — Oblast State Administration ternational crimes committed in an armed conflict” is being implemented within UNDP Ukraine’s “Civil Society for Enhanced UN — United Nations organization Democracy and Human Rights in Ukraine” project with financial support from the Ministry of Foreign Affairs of Denmark and the “Human Rights and Justice” programme of the International Renaissance Foundation (IRF). JFO — Joint Forces Operation PACE — Parliamentary Assembly of the Council of Europe © no part of this publication can be reproduced, stored in search engines, or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, without prior written consent. Opinions, con- DSA — District State Administration clusions or recommendations belong to the authors and editors of the publication, and do not necessarily reflect the NSDC — the National Security and Defense Council of Ukraine views of the International Renaissance Foundation, the Ministry of Foreign Affairs of Denmark, theU nited Nations Deve lopment Programme or other UN agencies. MRL — multiple rocket launcher RF — Russian Federation SSU — Security Service of Ukraine IED — improvised explosive device
LPR — so-called “Luhansk People’s Republic” DNR — so-called “Donetsk People’s Republic” УДК 355.01-058.65(477.61/.62-07)(047.1)’’2014/2018’’=111 ТОТ — temporarily occupied territory OHCHR — Office of the United Nations High Commissioner for Human Rights © nataliia Melnyk, Alina Pavlyuk, AMIAU — Authority of the Ministry of Internal Affairs of Ukraine Maksim Petrov, Oksana Glushko, 2019 © nataliia Melnyk, compiled, 2019 ISBN 978-617-7391-64-6 © Oleg Miroshnychenko, design, 2019
2 LIST OF ABBREVIATIONS 3 of programs for the reconstruction of houses on the the provisions of the Rome Charter, and the study, GCA and the NGCA. Taken together, such informa- therefore, included consideration of this instrument tion provides an opportunity to assess the extent as well. Introduction of the destruction, as well as how exactly the pro- Detalizing the chosen approach, we note that in cess of restoration of destroyed or damaged prop- the second stage, the authors appeal to resolutions erty during the fighting in the Donetsk and Luhansk adopted by the UN institutions on the situation in oblasts is taking place. Eastern Ukraine, reports of the UN Monitoring Mis- his is the sixth year of fighting in the East of in Eastern Ukraine, and to establish the im- Experts of the NGO “Donbass SOS” analyze in sion in Ukraine, documents of the Prosecutor’s Ukraine. For the sixth year, civilians, infrastruc- pact of mass shelling on the population of T more details the situation with the immovable prop- Office of the International Criminal Court, decisions ture, residential buildings and non-residential faci the region; erty of civilians in individual settlements with the of the International Court of Justice. lities in the Donetsk and Luhansk regions are being • explore international mechanisms for the pro- use of multi-factor analysis. In particular, the data Additionally, international standards for the affected during attacks. tection of property rights of civilians during an on the course of the armed conflict is compared protection of civilians in an armed conflict are One of the biggest losses caused by the regular armed conflict; with the chronology of attacks, the work of Commis- considered and provisions of international human shelling in this region is the damage to the civil- • develop recommendations to the authorities sions for the inspection of damaged property is be- itarian law (norms of the Geneva Conventions of ian population, namely their immovable property. on the protection of property rights of persons ing analyzed, as well the process of restoration of 1949, the Convention on the Laws and Customs The UN Monitoring Mission to Ukraine in its report affected by the armed conflict in Ukraine. damaged houses and the possible causes of shel of War on Land of 1907, the Hague Convention of on the human rights situation in Ukraine for the Structure of the report. Taking into account cer- ling of residential facilities. 1907, the Geneva Convention relative to the Pro- period of November 16, 2018 — February 15, 2019 tain goals and objectives of the report, its authors To the sample of settlements in the Donetsk tection of Civilian Persons), international human noted that on both sides of the contact line there decided to conduct the study in four stages. Each oblast the following were included: Avdiivka city, rights law (norms of the Universal Declaration of are more than 50 thousand civilian homes damaged stage is covered in a separate section. Karlivka village and Krasnogorivka city of Maryinsky Human Rights), as well as standards and principles during the fighting. At the first stage, to establish the impact of mass district, Maryinka city, Pisky village and urban set- of the UN and regional organizations are analysed The facts of violations of norms of international shelling in Eastern Ukraine on the population of the tlement of Verkhnetoretsk of Yasinovata district, (“Pinheiro principles”, Basic principles and guide- humanitarian law remain outside the attention of region, the authors of the document focus on the urban settlement Zaytseve of Bakhmut district, lines on the right to a remedy and reparation for the general public, that has caused so much de- analysis of the chronology of the armed conflict, the Gorlivka city, Debaltsevo city and city of Donetsk. victims of gross violations of International Human struction. According to the statistics of appeals to destruction of civilian housing in the combat zone Concerning the Luhansk oblast, depositions of resi- Rights law and serious violations of International the NGO “Donbass SOS” hotline from civilians who and the study of the impact of mass shelling on the dents or property owners in the cities of Luhansk, Humanitarian law, the UN Guiding Principles on reside in the conflict zone, the problem of damaged civilian population of the region. Pervomaisk, Popasna, Lysychansk, and urban set- internal displacement, etc.). and destroyed housing and compensation for dam- Using the chronological method of reflection of tlement Stanytsa Luhanska were processed. Famil- Based on the results of the second stage of the age is one of the most urgent. the armed conflict in Eastern Ukraine from 2014 iarity with this section will help to formulate a com- study, authors of the NGO “Donbass SOS” devote The purpose of the analytical report “Armed to 2019, the researchers determine the possible prehensive view of the situation in the region, to conflict inE astern Ukraine: the damage caused phasing of damage to property, the presence or assess the scale, consequences, and impact of the the third section of the analytical report to the to the housing of the civilian population, is to absence of patterns between the intensity of at- armed conflict on the population and their property monitoring of the national practice of protection of overcome impunity for violations of international tacks and decisions taken at the national or inter- in Donetsk and Luhansk oblasts. property rights of persons affected by the armed humanitarian law in the East of Ukraine, which national levels. At the second stage, the team of the NGO “Donbass conflict in Ukraine. Thus, readers will be able to have caused a large number of damaged or de- At the same time, in addition to tracking the SOS” pays attention to the peculiarities of the pro- draw parallels between “external” and “internal” stroyed residential facilities and assistance in sequence of events, for clarification of the circum- tection of property rights of civilians during the systems of protection of rights in the chosen per- restoring the rights of civilians whose homes stances prevailing in the region, quantitative indi- armed conflict. For this purpose, applying a com- spective. To this end, the procedures entailed by have been damaged as a result of the fighting in cators of destruction are used, as well as decisions prehensive approach, the legal qualification of the the national legislation are reviewed, the judicial Donetsk and Luhansk oblasts. of the Ukrainian authorities and actions of inter events in the East of Ukraine from the point of view procedure and its effectiveness are evaluated, as Goals and objectives of this report: national organizations aimed at resolving the situa- of international law (international standards for the well as specifics of the national investigation of • to assess the scale of the destruction of tion are provided. protection of civilians in armed conflict, UN stan- cases are outlined. houses as a result of the fighting in Donetsk The method of comparison used in this report dards and principles, elements of international Procedures are described within the national and Luhansk oblasts and to analyze the mea- allowed to determine the differences in the overall humanitarian law and international human rights legislation, such as compensation for damage sures taken to restore the property of civilians; scale of destruction of civilian housing in the com- law) is provided. caused to citizens by a terrorist act, or the appli- • to investigate possible violations of interna- bat zone. The following indicators are taken into ac- An important component of the international cation of legislation in the event of an emergency. tional humanitarian law, which could lead to count: the number of damaged/restored houses on system for the protection of the property rights of Analyzing the judicial procedure and its effective- damage or destruction of homes of civilians the GCA and the NGCA, the availability and content civilians in armed conflict was the application of ness, attention is drawn to the Statute of limitations
4 INTRODUCTION INTRODUCTION 5 in such appeals, the use of anti-terrorism legisla- Analyzing media space, authors of the report tion, the duration of the trial and other factors. used materials of the following media sources: Concerning the practice of national pre-trial in- “Ukrainska pravda”, “Rubrika”, “Uryadovyi kur’yer”, vestigations, it is proposed to consider the main “UNIAN”, “Ukrainfor”, “Interfax”, “Censor.net”, І mAss shelling in the East of Ukraine aspects of this process: filing an application, legal “RBK-Ukraine”, “5 channel”, “1+1”, “Economichna qualification, the purpose of the crime, the involve- pravda “, “BBC News Ukraine”, “Radio Svoboda”, ment in criminal proceedings of the Chief Military “Depo.ua”, “СХІD.info”, “Dzerkalo tyzhnya”, Prosecutor’s Office, etc. “Facts”, “Korrespondent.net”, “112”, “Espresso”, 1.1. Chronology of the armed of Donetsk oblast. At the evening of the same day, Each of them has its specifics, and its consider- “Tribun”, “Gorlovskaya mosaic”, “avdeevka. conflict in Eastern Ukraine the RNBO meeting was held, on April 13, 2014, the ation will allow citizens whose property has been city”, “Donetsk news”, “URA-inform”, “Ostrov”, beginning of the ATO without the introduction of damaged or destroyed as a result of the armed “VistiLug”, “Izvestiya”. The protests that took place in support of the martial law with the assistance of the AFU was 2 conflict in the East of Ukraine to better protect their Part of the information about the situation on Ukraine’s European integration in Kyiv at the end of declared . On April 17, 2014, at the initiative of the rights in a court. the NGCA was obtained from portals of the so-called November 2013 turned into mass long-term rallies OSCE, the Geneva Declaration was adopted, which The fourth stage summarizes all the analytical “DPR” (Information portal of the Donetsk People’s throughout Ukraine. During these events, dozens was signed by the representatives of the Russian work which was carried out and provides conclu- Republic) and the so-called LPR (State television of protesters died on the Independence square in Federation and Ukraine; it called on the parties to sions and recommendations for public authorities. and radio broadcasting company of the Luhansk Kyiv (primarily during the clashes of 18–20 February stop the violence and vacate administrative build- 3 Sources and literature analysis. The basis of the People’s Republic). 2014). As a result of these events on February 21, ings in exchange for Amnesty . The ATO was tempo- analytical report was the information received by An important source of information was materi- 2014, the President of Ukraine V. Yanukovych fled rarily terminated, but after finding in the river near the NGO “Donbass SOS” hotline (evidence from res- als of the Ukrainian Helsinki Human Rights Union the country. Already at the end of February, the Slavyansk bodies of Vladymyr Rybak and Yuriy Po- idents or property owners whose property has been and the Kharkiv Human Rights Group. transfer of Russian troops without identification pravka on April 19, 2014, the operation was restored damaged or destroyed as a result of hostilities in Also, data from the official web resources of the marks to the territory of the Crimean Peninsula has on April 24. On April 27, 2014, in the building of SSU some settlements). It allowed receiving additional Cabinet of Ministers of Ukraine, the Verkhovna Rada begun. March 16, 2014, on the territory of the ARC in Luhansk, which was captured by armed groups, documentary confirmations of the caused destruc- of Ukraine, the President of Ukraine, the Ministry of and the city of Sevastopol a”referendum” was held creation of the so-called LPR was proclaimed. tions to real estate, information on the new facts Defense of Ukraine, the Ministry of Regional De- regarding the status of the Peninsula, which was not On the territories of Luhansk and Donetsk oblasts of damages, human and material losses. A total of velopment, Building and Housing and Communal recognized by the international community. Based block posts were created during April, which were 227 people were interviewed, whose real estate was Services of Ukraine, the State Statistics Service of on this “referendum”, Russia declared Crimea to built by both sides, the seizure of administrative damaged in 54 settlements, which are located on Ukraine, the State Emergency Service of Ukraine, be a part of its territory. In many other oblasts of buildings by armed groups continued. On May 11, both sides of the contact line in Eastern Ukraine. the Main Department of the National Police in Ukraine, primarily in the East of the country, ral- 2014, a “referendum on self-government” of un The survey was conducted during the 2016–2019. Donetsk oblast, the Information and analytical cen- lies of both supporters of the unity of Ukraine and recognized state entities was held on the territories When writing the analytical report, two groups ter of NSDC of Ukraine, the Unified Register of Court supporters of federalization continued at this time. of Luhansk and Donetsk oblasts that are not under of sources were used: national and international. decisions were taken into account. In March 2014, the UN and OSCE sent missions to the control of the Government of Ukraine. On the eve Among the national resources, several groups Among the foreign sources that were used for Ukraine to monitor the situation. On March 27, of the “referendum” the displacement of residents of sources should be identified: the media, web- the report there were: UN reports and resolutions, 2014, the UN General Assembly Resolution on the started, who were afraid of violence on the streets. sites of human rights organizations, government OSCE news digest, Centre on Housing Rights and territorial integrity of Ukraine No. 68/262 was At this time, the first IDPs from the East of Ukraine agencies, etc, as well as sources of the so-called Evictions documents, PACE resolution and report, adopted.1 appeared on the controlled territory of Ukraine4. “LPR” and “DPR”, interviews and photos of the de- news and comments of the International Commit- On April 7, 2014, the armed supporters of federal During May — June 2014 around the cities of stroyed property from applicants of the NGO “Don- tee of the Red Cross, ECHR’s decisions, the facts ization seized the Donetsk oblast State Admi Slavyansk, Kramatorsk, Artemovsk, Konstantinovka bass SOS” hotline and residents of certain cities documented by the Human Rights Watch, report of nistration and proclaimed the establishment of the there were fierce battles. in the East of Ukraine, replies to the queries from the Prosecutor’s Office of the International Criminal so-called “DPR”. On April 12, 2014-armed groups Donetsk and Luhansk oblast State Administration, Court and other documents, publications of non- of supporters of the so-called “DPR” under the 2 the NSDC begins a large-scale anti-terrorist operation as well as to the MCA of the individual settlements, governmental organization “Counter Extremism leadership of Russian citizen Igor Girkin (Strel- involving the Armed Forces — Turchynov
6 INTRODUCTION Chronology of the armed conflict in Eastern Ukraine 7 At the end of May, the fighting covered the South Girkin (Strelkov) has left the cities of Slavyansk, 2014 — the cities of Krasnogorivka and Maryinka, and several other settlements continued to suffer of Donetsk oblast (May 22 — the battle of Volnovakha) Kramatorsk and moved to Donetsk5. On July 6, Donetsk oblast. from crossfire and attacks3. At the beginning of Sep- and Luhansk oblast (May 22, armed groups took con- troops of the Government of Ukraine released From mid-June to early July 2014 cities to the tember 2014, according to preliminary estimates of trol of Rubezhnoye, Lysychansk, Severodonetsk). Artemivsk (since 2016 — Bakhmut), Druzhkivka, on North of the river Seversky Donets (Shastya city, the Ministry of Regional Development, Construction On May 26, 2014, a battle for the Donetsk airport July 8 — Konstantinivka. urban settlement Stanitsa Luhanska and others), and Housing and Communal Services of Ukraine, took place, during which the adjacent districts of On July 21st, the armed group left the village of as well as Luhansk, Alchevsk, Krasnodon (since 4,501 houses and 4,733 objects and systems of en- Donetsk suffered. Pisky and Karlivka. During the fighting, the civilian 2016 — Sorokino) and others have experienced ergy and water supply were damaged as a result of As of June 8, 2014, armed groups held almost population and residential areas suffered, and even constant shelling. In Donetsk oblast in August — hostilities or were deliberately destroyed by armed the entire industrial agglomeration, including September, 2014 cities of Gorlivka, Yenakiyevo, the OSCE representatives were not always able to groups. There was substantive evidence of illegal Donetsk and Luhansk. Then the Northern border Snizhne, Ilovaysk, Debaltseve, Shyrokino village seizure of property by members of armed groups4. find out which side carried out non-selective at- of the territories not under the control of the were in the center of military operations. The civi Such information has also been received in respect tacks6. The urban infrastructure (water and gas sup- Government of Ukraine passed along the line lian population, infrastructure, residential areas of territories under the control of government forces, ply systems, power substations) was severely dam- of Krasny Liman — Seversk — Severodonetsk — suffered, and a real humanitarian disaster occurred. for example, from Maryinka5. aged. Already in the report of June 15, 2014, the UN Stanychno — Luhanske. The Western and Southern According to the UN Monitoring Mission, there was Despite the ceasefire, which came into force on Monitoring Mission recommended the Government borders took place on the outskirts of cities ample evidence of non-compliance with the prin- September 5, 2014, the fighting and related human of Ukraine to provide monetary compensation for Druzhkivka — Konstantinovka — Dzerzhinsk ciple of distinction when using different types of rights violations in Eastern Ukraine continued until housing to victims “for damage to their property (from 2016 — Toretsk) — Avdiivka — Donetsk — weapons, including artillery, mortars and multiple the end of 2014. Especially heavy fighting was 7 Starobeshevo — Komsomolsk1. Battles were also during these security operations” . In the recovered launch rocket systems in and around densely popu- fought near the Donetsk airport (Pesky — Avdiivka fought in the border areas of the Luhansk oblast. villages, towns and cities destruction had a mass lated areas. The Ukrainian authorities assure that area), the cities of Debaltseve and Mariupol, During June — July 2014 there was a “profes character, the villages of Semenivka, Karlivka, Pisky the Armed Forces of Ukraine never fire at populated Sartana village (Donetsk oblast), Schastya city, sionalization of armed groups fighting in the East”, and others were destroyed during these events. areas... However, in those cities and suburbs con- urban settlement Stanitsa Luhanska and Toshkivka as stated by the UN Monitoring Mission. What Since mid-June, the number of IDPs from the East trolled by armed groups and constantly attacked by (Luhansk oblast). Workers of the UN Monitoring used to be a “motley collection of armed men with of Ukraine has increased significantly, due to ma- Ukrainian troops, at least partial responsibility for Mission began to receive numerous reports on the different beliefs and purposes” is now being con- terial damage to housing and infrastructure8. Only the loss of life and damage to civilian objects lies use of cluster munitions <...> in both urban and solidated under the centralized command of these damages caused to homes in Slavyansk SES esti- with the Ukrainian army. On the other hand, armed rural areas”, which are weapons of indiscriminate leaders. Now they use heavy weapons, namely mor- mated at UAH 1.5 billion9. groups have their weapons in or near densely popu- nature6. In autumn 2014, residential areas continued tars and anti-aircraft guns, tanks, armored vehicles On July 20–24, 2014, the Northern part of lated areas and attack from those areas1. Especially to experience indiscriminate shelling by artillery 2 and landmines, testifiedM ission’s employees . Luhansk oblast (Severodonetsk, Rubezhnoye, intense fighting took place on August 24 — Septem- and MRL. Military facilities were located in close Ukrainian military in this period also used heavy Lysychansk, Popasna) was returned under the con- ber 5, 2014. At this time, the Ukrainian military near proximity to residential areas, but areas located weapons and inflicted airstrikes3. The armed groups trol of the Government of Ukraine. On August 2–5, Ilovaysk suffered a brutal defeat.A lso, according at a distance from such facilities, especially in deployed their military forces and assets in densely to the message, during this period the number of Donetsk, were also subjected to a shelling7. populated areas and struck from there, putting the 5 Fighters escape from Slavyansk. Exclusive chronicle Russian military personnel who took part in mili- According to the Ministry of Internal Affairs, entire civilian population at risk. People blocked in
8 MASS SHELLING IN THE EAST OF UKRAINE Chronology of the armed conflict in Eastern Ukraine 9 principle of distinction were conducted. On Octo- Mariupol (Donetsk oblast), as well as Shastya city, all parties of the conflict to fully implement this set continued shelling of settlements on both sides ber 4, 2014, the Military Prosecutor’s Office of the and the village of Stanitsa Luhanska (Luhansk of measures1. of the contact line, especially the cities of Donetsk Eastern region initiated the first criminal proceed- oblast). According to the UN Monitoring Mission, Despite these agreements, armed groups at this and Gorlivka (NGCA) and the government-controlled ings on charges of terrorism because of artillery as of mid-February 2015, at least 50 houses were time tried to oust Ukrainian troops from the out- towns of Pisky, Avdiivka, Maryinka, Shyrokine 1 shelling of populated areas in Debaltseve . Prog- damaged every week in cities that were subject skirts of Debaltseve city. On February 18, 2015, mili- village (Donetsk oblast), Shastya city and Stanitsa ress in these and later investigations remains to be to a regular shelling4. On January 22, 2015, Ukrai- tary units of the Government of Ukraine were forced Luhanska village (Luhansk oblast) together with to leave Debaltseve. ERW and IEDs continued to take away lives of limited as of today. The Ministry of Internal Affairs, nian troops were forced to leave Donetsk airport. GPO and SSU noted problems with access to the The signing of the Package of measures had civilians and cause damage to houses4. In particular, Heavy shelling of populated areas without respect firing sites to be the main obstacle to the investiga- a significant impact on the situation in the conflict on June 3, 2015, the city of Maryinka suffered for the principle of led to a significant destruction tion, but in February 2015 the UN Monitoring Mis- zone. Although measures to cease-fire and with- from heavy shelling, on August 9–10 — villages of in settlements in which they occurred distinction sion pointed out that “many witnesses/victims are drawal of forces and means established in this Starohnativka and Novolaspa, Volnovakha district, in January and February. In some cities, which are reluctant to address their complaints to the police document were never fully implemented, they led Donetsk oblast5. controlled by armed groups such as Debaltseve and for fear of reprisals and lack of reliable protection to a significant decrease in the number of civilian On June 5, 2015, the Permanent Mission of Ukraine mechanisms”2. Uglegorsk (Donetsk oblast), almost 80% of homes casualties related to the conflict, and the reduction to the Council of Europe officially announced the 5 On October 26, 2014, Ukraine held early parlia- and public buildings were destroyed . of the number of attacks, as a result of which the leadership of the Council of Europe about the der- mentary elections. On November 2, 2014, on the On January 21, 2015, the Temporary order damage or destruction of residential buildings oc- ogation from obligations under the ECHR and the NGCA, contrary to the norms of Ukrainian legisla of crossing the contact line within Donetsk and curred. According to the OHCHR statistics, for the International Covenant on Civil and Political Rights tion and the provisions of the Minsk Protocol, Luhansk oblast, which was prepared by SSU came first 10 months of the conflict (from mid-April 2014 in the territories of Crimea and Sevastopol, as well “elections” of the “heads” and “people’s councils” into force. Since that day, a permit system to and until mid-February 2015) more than 80% of all as on the non-government controlled territories of 2 were organized in the so-called “DPR”, and the control the movement from the NGCA to the GCA civilian deaths were registered . Donetsk and Luhansk oblast, according to the Reso- so-called “LPR”. Both “republics” thus actively cre- and vice versa is operating. As of July 7, 2015, Between February 19 and April 10, 2015, the lution of the Verkhovna Rada of Ukraine “About the ceasefire regime was generally respected, despite ated a parallel system of state power. In response to permits are obtained electronically. On February 3, Statement of the Verkhovna Rada of Ukraine “On daily reports of sporadic gunfights and clashes. But this situation, the President and the Government of 2015, the Verkhovna Rada of Ukraine adopted the derogation of Ukraine from certain obligations de- settlements located near the contact line continued Ukraine adopted legislative acts, which provided for Law “On military and civil Administrations”, which fined by the International Covenant on Civil and Po- to be shelled, during which civilians were killed and litical Rights and the Convention for the Protection the transfer of all state institutions and its employees expanded the powers of the OSA on the GCA of from areas controlled by armed groups to the GCA their homes and infrastructure suffered.T he UN of Human Rights and Fundamental Freedoms”6. Donetsk and Luhansk oblasts. until December 1, 2014. Also in October — November Monitoring Mission continued to receive evidence On August 26, 2015, a new “ceasefire within the On February 12, 2015 the so-called second Minsk of the looting of abandoned property in many cities 2014, a number of legislative and subordinate acts framework of the truce” was agreed at a meeting agreement was signed in the city of Minsk (official- located in the conflict zone-both on the GCA and the were adopted to ensure the rights of IDPs. of the Trilateral contact group in Minsk. This led to ly — “Package of measures for the implementation NGCA3. In the period from April 11 till April 15, 2015, On December 9, 2014, the AFU and armed groups a significant decrease in the intensity of hostilities of the Minsk agreements”)6, which provided, among there was a significant escalation of hostilities in declared a “regime of silence”, which provided sev- in September and October 2015, but in November the area of Donetsk airport and near the village of eral weeks of relative calm. other things, a new ceasefire, starting from Febru- fighting intensified again along the contact line Shyrokyne (Donetsk oblast), for which the battle In January 2015, tanks, heavy artillery, and MRL ary 15, 2015, the withdrawal of heavy weapons from with the use of artillery systems, and in other hot was going. Heavy weapons, including mortars, were re-used in settlements along and near the the contact line, the creation of a 50–140-kilome- artillery, and tanks, were again used during the 4 contact line. The use of cluster munitions continued ter security zone, the withdrawal of foreign armed Report on the human rights situation in Ukraine, May fighting. Further escalation occurred in the period 16 — May 15, 2015 to take place.3 The main hot spots were: Donetsk groups, mercenaries and weapons from the territory from May 3 to May 8, 2015. In summer 2015, the
10 MASS SHELLING IN THE EAST OF UKRAINE Chronology of the armed conflict in Eastern Ukraine 11 spots, especially near Donetsk1. On December 23, According to the UN Monitoring Mission, during Makeyevka, Dokuchaevsk, Gorlivka, Zaytseve, time worked on the temporarily occupied territory 2015, a “total silence regime” was introduced. the year the AFU and armed groups advanced their Spartak, Sahanka, Yasinovata)1. of Donbas5. During 2016, violations of the ceasefire regime weapons and personnel even deeper into popu- On March 25, 2016, the Ministry of Regional On April 25, 2017, electricity was cut off on the by AFU and armed groups, in particular with the lated areas and thus violated their obligations un- Development, Building and Housing and Com temporarily occupied territory of the Luhansk use of heavy weapons, were constantly recorded. der the international humanitarian law. From there munal Services of Ukraine announced the creation oblast6, and on July 26 2017, on the TOT of the Do- There was a regular intensification of hostilities they often fought and therefore exposed the civilian of a working group to develop a mechanism for the netsk oblast7. Since then, the needs of the TOT for along the contact line. Thus, in January — February population to the effects of a backfire6. payment of compensation for a property affected electricity were covered either by the Russian Fed- 8 2016 there were increased fights and skirmishes in The widespread use of civilian buildings by the conflict2, but there are no details about the eration , or through the use of power plants that are a few hot spots, mostly near Donetsk, Gorlivka, and 9 and facilities by the military, the conduction of activities of this group. Today, there is no informa- located in the Donetsk oblast . This situation has in the villages and towns located along the contact hostilities from settlements, as well as the looting tion about the activities of the group on the official had a negative impact on civilian infrastructure on line such as Kominternovo, Debaltseve, Vodyane, of civilian property was recorded by both sides pages of the Ministry. both sides of the contact line. Shyrokine and Zayitseve2. In March 2016, there was of the conflict. Residents informed about such In the period from January 29 to February 3, As it was stated by OHCHR in May 2017, there intensified fighting in Avdiivka and Yasinovataya. actions of the Ukrainian military, in particular, in 2017, there was an outbreak of hostilities within is a little evidence that would indicate the serious Because of single attacks in the spring of 2016 the the cities of Avdiivka, Maryinka, Krasnogorivka, the following triangle: Avdiivka — Yasinovata — intention of either party to implement the Minsk civilian population suffered especially those re- 10 Donetsk airport, as well as in the southern districts agreements in the near future . siding in the cities of Maryinka, Donetsk, Gorlivka the village of Shyrokino, Luhanske, Zhovanka, of Donetsk. During this escalation, critical During 2017, the fighting continued along the and Makyivka, and villages of Novooleksandrivka, Opytne, Tonenke, Lam’yanka village, Bakhmutka civilian infrastructure was severely damaged by contact line with variable intensity, from which Pisky, Vodyane, Kominternovo, Mykolaivka, (Donetsk oblast), Shastya village, villages of indiscriminate shelling of populated areas with civilians and their property suffered a lot. A signifi- Olenivka and Yakovlivka that are located near the Staryi Aydar, Tryohizbenka, Stanytsa Luhanksa, cant escalation took place in June 2017 in the area contact line3. A new escalation occurred in June — Pshenychne, Lopaskyne, Novozvanivka (Luhansk long-range explosive shells. From December of villages of Zholobok and Krymske of Luhansk July and the second half of August 2016. By the oblast)7. At the same time, families whose homes 26 2016, until March 15, 2017 Ukrainian activists, oblast (the so-called “battles for the Bakhmut framework decision of the Trilateral contact group were used by the AFU for military purposes often military and law enforcement officers carried out highway”)11. on the withdrawal of forces and means as of Sep- complained about very large utility bills due to the the blockade of railway lines, and later of roads 3 tember 21 20164 it was decided to restrict the con- use by the military. that connect the GCA and the NGCA . On March 15, 5 “DPR” and “ LPR “declared “ nationalization” of the duct of hostilities in the agreed areas. However, Information about the location of military fa- 2017, all freight traffic across the contact line was Ukrainian enterprises located on the occupied Donbas 4 during October — December 2016 there was a sig- cilities in settlements was also reported from the officially terminated by the decision of the NSDC .
12 MASS SHELLING IN THE EAST OF UKRAINE Chronology of the armed conflict in Eastern Ukraine 13 A temporary lull was recorded in September there was a new increase in the number of shel reasons. Later Donetsk MCA has allocated funds to in the settlements of Verkhnetroytske, Pisky, Per- and October, but in November and December ling and explosions along the contact line and sur help IDP families from Chyhari1. vomayske, Vodyane, Travneve and others)4. In some the number of attacks and, accordingly, civilian rounding areas, which affected, in particular, the In the summer of 2018, the Trilateral contact settlements on the GCA, such as Shyrokyne, Pisky casualties increased again1. The parties continued civilian population and their housing4. group in Minsk agreed on two truces: from July 1 and Rozsadky, from the point of view of security to frequently use heavy weapons, in particular, On January 18, 2018, the Verkhovna Rada of and September 1. However, civilians were still in concerns of AFU, as before, village residents were explosive weapons with a wide range of destruction Ukraine adopted the Law “On the peculiarities danger through some skirmishes, local shooting, denied access to this territory, which prevented the or weapons, the use of which leads to the of State policy on ensuring Ukraine’s State and a slight shift of the contact line. Government assessment of damages and, accordingly, appeals 5 destruction of a large area by numerous shells, sovereignty over temporarily occupied territories forces and armed groups continued the practice of to a court with claims for compensation . including in populated areas and areas where positioning their forces and advancing in populated in Donetsk and Luhansk oblasts.5” In accordance Overall, as stated by the OHCHR, the number vital civilian infrastructure is located, contrary to areas, thus dividing villages. Very often the clashes with this law, by 30 April 2018 the anti-terrorist of civilian casualties associated with the conflict their obligations under the Minsk agreements to happened around the contested city of Zolote-4 operation in the East of Ukraine, which lasted in 2018 was the lowest for the entire period of the withdraw such weapons from the contact line. to the West of the Luhansk oblast. In September 6 4 years, was replaced by the Joint Forces Opera- conflict . Throughout the year, the UN Monitoring Mis- 2018, the AFU and armed groups entered the Vyl- During 2019, skirmishes and shootings contin- tion which is responsible for resistance and deter- sion on both sides of the contact line recorded the nyi khutor in the Zolote-4, and divided it. On the ued along the contact line and in the surrounding mination of the armed aggression of the Russian continued presence of the military in densely popu- night of September 28 2018, armed groups forcibly areas, which led, in particular, to the deaths of ci- Federation in Donbas. lated areas and the use of the civilian property for evicted 13 families from their homes. On October 18 vilians and damage to residential areas on the GCA In the first three months of 2018, the number of military purposes. On the GCA: cities of Toretsk and 2018, a man and a woman were killed by a mine or and the NGCA. Meanwhile, cities of Dokuchaevsk, civilian casualties was relatively low, but in April — Shastya, urban settlements of Novoluhanske, Novo- ERW explosion while trying to repair a power line Zolote-4, Zolote-5, and Glyboke as well as other set- June 2018, it was documented to increase sharply 2 troitske, Zolote-4, Krymske, Luhanske, Malynove, that had been damaged in the fighting . tlements continue to suffer7. Novgorodske, Novomoskovske, Opytne, Tonenke, due to the escalation6. During year 2018, as before, skirmishes across Given the chronology of the armed conflict in Troitske, Lopaskine, whereas on the NGCA: set On May 8 2018, the AFU brought under their con- the contact line resulted in civilian casualties and the East of Ukraine, it is possible to about certain tlements of Donetsk, Lozove, Dolomotne, Admin- trol the most part of Chyhari, the district in the Piv- damage to houses and civilian infrastructure, par- phases of causing damage to the property of the ploshadka, Dacha, Donetskyi, Zolote 5, Lukove, denne village of Donetsk oblast. ticularly water and power lines. Especially vulnera- civilian population. Molodizhne, Pikuzy (formerly Kominternovo), in ble due to the proximity to the contact line remained Approximately 95% of 185 residents have been Phase I — April—May 2014: the initial phase, the so-called “gray area” near the Chygary mine, in the pumping station of the 1st raising main South- displaced, 15 homes destroyed and 47 damaged, which is characterized by the proclamation of the Pivdenne, in Zaytseve2. The shelling damaged hos- Donbass water pipeline and the Donetsk filter sta- and the surrounding areas were contaminated so-called “DPR” and “LPR”, the appearance of first pitals and schools, as well as other infrastructure, tion. Military positions were further located in close with UXO. IDPs. The beginning of the ATO. resulting in the disruption of water supply, elec proximity to residential areas; in addition, the dis- During some of the attacks, AFU positions were Phase II — May—September 2014: the armed tricity, and gas. tance between the positions of Ukrainian forces and reportedly located in close proximity to civilian groups fighting in the East were professionalized. From December 23 2017, till January 10 2018, the armed groups was reduced3. New cases of the use by homes, and the civilian property was also used for The beginning of the use of heavy weapons, which level of hostilities decreased significantly as a result military or armed groups of civilian property and its military purposes. Commissions responsible for as- caused significant damage to the property of the ci- of the resumption of ceasefire agreements reached further damage were recorded (among other things, sessing the extent of damage and destruction of vilian population. During this period, the ATO forces by the Trilateral contact group and other signatories houses were forbidden to visit the village for safety of the Minsk agreements for the period of Christmas 1 Report on the human rights situation in Ukraine May 16 4 Report on the human rights situation in Ukraine No- and New Year holidays3. But on January 12, 2018, — August 15, 2018 (p. 9)
14 MASS SHELLING IN THE EAST OF UKRAINE Chronology of the armed conflict in Eastern Ukraine 15 liberated a number of settlements from the control The beginning of the economic and energy block- Bakhmut — 1082 houses, Volnovakha — 874 houses; In Donetsk oblast, in towns of Krasnohorivka, of armed groups. The signing of the first Minsk tri- ade of the NGCA. Maryinskyi — 2858 houses, Yasinovata — 22711. Avdiivka, Maryinka, Toretsk and Novoluhansk vil- lateral agreement. Phase VIII — 2018 and present: reduction in the It should be noted that the number of dam- lage of Bakhmut district, aid for the recovery of Phase III — September—December 2014: despite intensity of hostilities. The beginning of the JFO. aged or destroyed residential facilities on the GCA private housing was provided from the regional the ceasefire that began on September 5, 2014, the Sporadic skirmishes, local shootings and minor is higher. These statistics do not include houses material reserve of Donetsk oblast. Restoration of fighting, though somewhat reduced, continued un- displacement of the contact line occurred along the located in hazardous areas, to which neither the communal property houses is provided by local and til the end of 2014. There have been reports about contact line and in the surrounding areas. owners of the property nor the local authorities regional budgets and humanitarian aid. In the city the use of prohibited weapons (cluster munitions), have access. For example, in the Pisky village, no of Lysychansk, 88 owners of apartments in the de- those marked by non-selectivity and a special de- inspection of destroyed residential facilities has stroyed multi-story building received compensation gree of object destruction. At the same time, the been carried out, and no counting of such objects from the oblast budget. Military Prosecutor’s Office of the Eastern region has taken place. Such hazardous places are also in Individuals with destroyed houss have been pro- initiated the first criminal proceedings on charges 1.2. dESTruction of civilian a series of settlements located in close proximity to vided with housing which is in communal ownership of terrorism through artillery shelling of populated housing in the combat zone the contact line, among them: Maryinka, Krasnogo- of local governments. NGO “Donbass SOS” was no- areas in Debaltseve. Both “republics” actively cre- rivka, Zaytseve, Verkhnotoretske, Avdiivka, etc2. tified about such cases by residents of Lysychansk, According to the data from the UN Monitoring ated a parallel system of state power. The procedure for inspection of the damaged or Popasna, Zolote. Mission, which was released in the 25th report of Phase IV — January—February 2015: another destroyed housing stock is regulated by local govern In certain districts of the NGCA of Donetsk the OHCHR, as of February 15 2019, on both sides escalation of the conflict, increased shelling of ments. As a result, in Ukraine, there are significant oblast, according to the message from the so-called of the contact line were more than 50 thousand civilian objects. The main hot spots are Donetsk air- differences in the procedure of the inspection con- “Ministry of Construction, Housing and Communal civilian homes damaged during the fighting, and port, Debaltseve and settlements in close proxim- duction, its template and the available data in the Services of DPR” made in January 2019, since the the houses of about 40 thousand families living ity. Amendments to the Ukrainian legal framework acts of inspection of housing issued to the popula- beginning of hostilities 26 719 houses were dam- in accordance with the security challenges in the on both sides of the contact line were in an urgent tion, which suffered as a result of hostilities. In each aged: 21 950 private, 4769 apartment houses, out 1 oblast, the signing of the so-called second Minsk need of repair . settlement, on the basis of rural and village Council, of them more than 2000 are beyond repair. At that agreement. According to Donetsk and Luhansk OSA, as of Commissions or working groups on inspection of time, 7880 private and 2062 apartment houses Phase V — April—December 2015: the reduced February 2019, the number of damaged houses on property which was damaged during military opera- have been restored3. According to the Memorial Hu- intensity of hostilities, yet settlements located near the GCA was 20 354. tions in the East of Ukraine are created. In some set- man Rights Center, the bulk of the restoration work the contact line continue to be shelled. There is a pe- In Donetsk oblast — 12 921 residential building of tlements, there are not enough specialists for a full in the NGCA is carried out with the help of the Rus- riodic escalation of the conflict and an increase in all forms of ownership, as of February 2019 — 5822 examination of damaged buildings, assessment sian Federation. International organizations also the destruction of residential facilities. There is an houses required restoration. of the suitability or unsuitability of the house for provide aid for the restoration of immovable proper- important feature of this period when the Mission of In Luhansk oblast — 7433 houses of all forms of a living. This situation, first of all, is in settlements ty. Since September 2015, on the NGCA of Donetsk Ukraine to the Council of Europe officially informed ownership, as of February 2019 — 3019 houses re- that are still suffering from shelling and which were oblast, there were various programs for the restora- the leadership of the Council of Europe about the quired restoration. left by a significant part of the local population. Lo- tion of housing stock. For example: derogation from obligations under the ECHR and the cal authorities do not inspect damaged housing of • “2 000 homes program”. In the framework of International Covenant on Civil and Political Rights persons who have left the village and did not apply this program, owners were given construction in the territories of Crimea and Sevastopol, as well to the authorities for the inspection of their prop- materials, and they had to conduct all repair as on the non-government controlled territories of erty. But in some settlements, local authorities work by themselves; Donetsk and Luhansk oblast. keep the record of damaged houses without filing • construction of 111 new private homes to re- Phase VI — 2016: during the year there was a certificate of inspection of the immovable pro place the destroyed ones in settlements of a regular intensification of hostilities along the con- perty based on external signs. Debaltsevo, Uglegorsk, Donetsk, Zuhres and The greatest number of damaged residential 4 tact line. The decision of the Trilateral contact group As of February 2019, 11,513 houses have been re- Shakhtarsk . buildings in Donetsk oblast is in the cities of on the withdrawal of forces and means on Septem- stored in Donetsk and Luhansk oblasts on the GCA. Information about the part of restored houses, Avdiivka — 1301 houses, Slovyansk — 1991 houses, ber 21, 2016, established a limit on the commission aid provided in the form of construction materials Toretsk — 881 houses, and in the districts of The recovery of private immovable property oc- of hostilities in the agreed areas. curs primarily through international humanitarian 3 Phase VII — 2017: reduction in the number of organizations, charity aid, and citizens themselves. the number of destroyed houses were counted in DPR attacks, fighting occurred with variable intensity.
16 MASS SHELLING IN THE EAST OF UKRAINE Destruction of civilian housing in the combat zone 17 and obtainment of alternative housing instead of sisted with construction materials. But not all vic- there is a significant decrease in the number of de- humanitarian law by the parties to the armed con- the destroyed by affected population is being re- tims have received aid. The local population who stroyed residential properties. At the same time, flict in Eastern Ukraine. ceived by NGO “Donbass SOS” from citizens resid- have received construction materials, faced with damage to the housing of civilians occurs in settle- Respondents of the survey notice that next to ing on the NGCA of Donetsk oblast. the problematic issue of payment for repairs with ments located in close proximity to the contact line. their damaged accommodation in the vast major- Similar programs exist in the so-called “LPR”. their own money: some people were unable to pay, Overall, 227 people whose immovable property has ity of cases military facilities, and equipment were For example, within the framework of the program and some independently rebuild their houses at suffered from damage were interviewed: 181 female placed. On both sides of the armed conflict were re- “100 houses”, new private houses are being built their own expense. and 46 male, of whom 157 have their damaged prop- corded cases of placement of military fortifications, to replace those destroyed in the settlements of erty on the GCA, and 70 people on the NGCA of the and military equipment practically on the territory Novosvitlivka, Khryashuvate, Chernukhino, Geor- so-called “LPR” and the so-called “DPR”. of private households. At the same time, there are 1 giivka . “2,000 houses” and “2000+ homes” prog In the above sample of cases of damaged civil- cases of destruction or damage to residential facili- 2 rams were also carried out . There is also a “Resto- ian property, a greater number of facts is related to ties, when there were no military facilities placed ration of individual houses located on the territory of “LPR”, damaged as a result of hostilities, with minimal damage as of 2018” program is being im- plemented3. The exact number of affected residential facili- ties on the NGCA of Luhansk oblast is unknown. It should be noted that the data on the number According to various sources, between 6,000 and of damaged and restored housing provided by rep- 9,000 houses of various forms of ownership have resentatives of the de facto authorities on the ter been destroyed or damaged. ritories of Donetsk and Luhansk oblast is not con- In June 2018, the so-called “Ministry of Con- firmed by any official institution. struction, Housing and Communal Services of DPR” It is obvious that the destruction of residen- reported about the restoration of 5,618 individual tial facilities was the result of shelling of both, houses that were affected by shelling in 2014–20154. the Ukrainian military and representatives of the According to the information provided by victims so-called “LPR” and “DPR”. who reside in certain areas of the NGCA of Luhansk Primarily, given the official sources, we can con- oblast, a significant number of damaged houses clude that on the NGCA the number of damaged have already been restored. Some victims were as- residential properties is higher than on the GCA. As noted above, the OHCHR, as of February 15, 2015, 1 “100 houses”: how is the restoration of destroyed gives data about the damage caused to more than housing in LPR is going 50,000 civilian houses on both sides of the con-
18 MASS SHELLING IN THE EAST OF UKRAINE Destruction of civilian housing in the combat zone 19 sides of the contact line resulted from battles for 2014, the city was liberated and completely taken operations, through a direct threat to the life and households. The destruction of civilian homes was control of the city or a specific object, such as the under the control of the AFU3. health of members of the working group1. recorded in 2018 and 2019. airport, industrial zone, etc. According to residents, the most affected loca- “They shoot at Ukrainian positions, but they fly Carrying out attacks from the territory of set tions are Khimik village, area of the Old Avdiivka, across”5. tlements where the damaged immovable property and the outskirts of the city near the industrial zone. “Bullets fly like bees. 24/7. Even though they say is located, was also mentioned by respondents as “Our street is short, 20 houses only. All of these that there is a truce... well, yesterday... There were one of the possible causes of destruction or dam- houses are damaged. Whether the window panes clothes hanging on a rope. I tried to get my clothes age to their houses. Therefore, it is necessary to no- are broken, or there was a direct hit. Nine and ten- 5 times. Who shoots and where, it is impossible to 6 tice that individuals whose houses were damaged story buildings near block posts are also severely understand...” . on the NGCA additionally pointed out that the at- damaged. This is such a spectacle”2. In addition to residential buildings, many out- tacks on the settlement could be carried out by il- buildings were damaged or destroyed in private legal armed groups. This situation is more typical Shelling of the city, during which residential households: garages, summer kitchens, sheds, toi- for large settlements, such as Donetsk, Luhansk, facilities were damaged, began in the summer of let, etc. Also some damage was caused to house- Gorlivka, etc. 2014. The most fierce battles forA vdiivka occurred hold plots, land, orchards, greenhouses etc. Part of Below an analysis of the situation with civilian in January-February 2015. the population was unable or is still unable to use houses in individual settlements of Donetsk and Lu- Another escalation occurred at the end of Janu- the land. hansk oblasts is provided. ary 2017, when IAG has made several attempts to During 2014–2018 within the town of Avdiivka, capture Avdiivka industrial zone with the previous 99 communal property houses were restored, use of heavy artillery. Then, during three days only, 2 houses of a housing cooperative, 1003 private Avdiivka city the city had received more than 7 500 ammunition houses. The restoration was carried out at the ex- 4 Avdiivka is the city of regional significance in from heavy weapons . The destruction of civilian pense of the Avdiivka coke plant, charitable orga- nizations, subventions from the state budget and Ukraine in Donetsk oblast. It is located 13 km north houses as a result of tank attacks was also recor 5 Attacks were carried out both in a day and at other sources not prohibited by the current legisla- of Donetsk. ded . According to the police of Donetsk oblast on night. Some of the houses were hit by shell two tion. Restoration work was carried out with the in- Avdiivka is a part of Donetsk-Makiyivka agglom- May 15, 2017, more than 560 buildings have been 6 or three times. Destroyed multi-story house, 20, volvement of SES units7. eration and positions around it give the ability to damaged in Avdiivka since the beginning of 2017 . Molodizhna Str. Mural is dedicated to the Ukrai- According to the MCA of Avdiivka city, currently, There were reports on robberies of houses control the Northern outskirts of Donetsk and Yas- 3 nian teacher . whose owners were out of town for the period of inovata, the southern suburbs of Gorlivka, and also 3 240 citizens applied to the working group on the “I was just talking to a friend on the phone and at heavy shelling. The perpetrators were not found M04 highway “Donetsk — Gorlivka”. In addition to investigation of facilities damaged in the fighting. that moment she hears this explosion in the phone. and/or punished. the tactical importance of the city, it also operates Members of the working group examined and com- I got buried, and could not see the window... Where During the survey which was carried out by one of the largest coke plants in Europe, which is piled 3,172 reports of damaged objects. The work- are those windows, where to climb. People have called NGO “Donbass SOS” among persons whose pro called Avdiivka coke plant. As of January 1, 2013, the ing group conducts an investigation of immovable rescuers. The shell hit the kitchen, it was “Grad”4. perty was damaged or destroyed in Avdiivka, the city had a population of 35,128 people1. property solely on the request of citizens. The in- Since the end of 2017, the number of attacks, as following reasons for the destruction of property Avdiivka has historic zoning: vestigation is not carried out in places of combat a result of which houses of civilians were subjected were named: • The old town (formerly Avdiivka I) consists of 3 to destruction, has decreased significantly.B ut on • shelling of the city during the liberation of private buildings; security forces liberated Avdiivka
20 MASS SHELLING IN THE EAST OF UKRAINE Destruction of civilian housing in the combat zone 21 • the proximity of houses to military positions in In June 2014, block posts of the so-called “DPR” Maryinka city Lysenko stated that the city was shelled by the IAG4, the industrial zone, where fighting took place; and military equipment were already in the village. some residents of the city claim that these attacks Maryinka is the city of regional importance, the • part of respondents reported that there was Sometimes they were placed in close proximity to were the responsibility of the ATO forces. center of the Maryinka district. It is located in the nothing that could cause or provoke attacks in residential buildings. In some houses owners of “On July 11, 22:00 — the first salvo on Mary- Central part of the oblast, on the river Osykova. that part of the city. which left for the time of heavy shelling, IAG were inka was released from “Grad”. By Ukrainian side. Maryinka occupies a territory of 2.3 kmІ. The West- located. In Maryinka at that time there was IAG of DPR. They ern outskirts of Donetsk (Petrovskiy district) adjoin Eyewitnesses say that heavy fighting and shel don’t want to say that the Ukrainian army fired. And the territory of Maryinka1. Karlivka village ling in the village began on June 29 2014, and lasted the house is still there, it’s not cleaned, and the As of January 1, 2013 the city had a population of for several weeks. Locals who remained in the vil- holes made are from... from the South. Maybe they Karlivka is a village in Ukraine in Maryinskyi 9,913 people2. lage witnessed street fights between the Ukrainian had good reasons, wanted to scare DPR soldiers, district of Donetsk oblast. Located near the dam of Neighboring settlements are partially under the military and members of the IAG, artillery and tank but hit people”5. Karlivskyi reservoir. The village is bordered by the attacks. control of the AFU, partially under the control of the Since Maryinka was regularly subjected to shel lands of Netailove village of Yasinovatskiy district “Shellings stopped, my husband went out. Right so-called “DPR”. Under the control of the AFU: Kras- ling. In June 2015, there was a massive advance of and Kalinove village of Pokrovsky district, Donetsk next to our gate a soldier was sitting. He says: it will nohorivka city, villages of Georgyivka, Pobeda, No- the IAG on the city with the use of heavy artillery, oblast. The village of Karlivka is part of Halytsynivs- start again, Ukraine asked for help. And we got in vomykhaylivka. Under the control of the so-called which resulted in large-scale destruction6. ka village Council. Before the conflict in Eastern the car and drove away”4. “DPR”: the village of Aleksandrovka, Donetsk city The strongest attacks, according to local resi- 1 Ukraine, about 400 residents lived there . “Probably shelling was coming right from my (Petrovsky district) and Staromikhaylovka village. dents, were in 2014–2015. As of May 2016, 549 pri- house. When we came, we saw mortars in front of our The contact line is on the outskirts of the Eastern vate homes were destroyed and 864 damaged in house. And it turns out that my house is destroyed, part of the city. Maryinka. From 51 multi-story buildings survived and the one in front of it has been burned down”5. only two7. The ATO forces liberated Karlivka village on In 2016, 2017, 2018 and 2019, civilian houses July 23, 2015.6 Later there was only a periodic fire. in Maryinka were also regularly damaged. Besides During the shelling in Karlivka, 61 private house artillery shelling, there was also tank shelling of were damaged, 14 of them were completely de- houses. Residential facilities located in close prox- stroyed. Now 55 houses have been restored at the imity to the contact line are regularly hit by small expense of charitable organizations7.Except for arms and heavy infantry weapons. This small town was the real epicenter of the houses, outbuildings located on the territory of pri- Since 2015, the owners have no access to some confrontation in the early stages of the armed vate households, and land plots were damaged in private houses located on the outskirts of the city conflict in Eastern Ukraine. Information about the the village. For some time, Maryinka tried to remain neutral, or bordering with the NGCA. There are facts of un- seizure of the Karlivskyi reservoir by armed groups During the survey which was carried out by no flags were hung in the city, but in the end, the authorized occupation of houses by AFU soldiers8. appeared on June 7, 20142. The fighting near the NGO “Donbass SOS” among persons whose property city was under the control of IAG. The date of Mary- Also, local citizens report about facts of robberies village of Karlivka began on May 23, 2014. Then the was damaged or destroyed in Karlivka, the following inka’s liberation from IAG is August 5, 20143. of private houses. Some of the victims blame rob volunteer battalion “Donbas” was ambushed near reasons for the destruction of property were named: The first destruction of the city was on July 11, beries on the military. the petrol station3. • fight for the control over the settlement.T here 2014. Although the speaker of the NSDC Andriy were cases when fights occurred on the ter 4 three soldiers killed in Donetsk because of shelling
22 MASS SHELLING IN THE EAST OF UKRAINE Destruction of civilian housing in the combat zone 23 ”On our side, everything was stolen. There was • location of the city on the contact line, proxim- The contact line runs through the Eastern out- no one there. Only the military. Who else could take ity of military positions of the parties; skirts of Krasnogorivka. The first artillery shelling everything out?”1. • basing of the military in Eastern parts of the of the city was on July 13, 20144. On the same day, According to the information from the MCA of city, arrangement of military positions on the there were the first civilian casualties and the first Maryinka and Pobeda village, as of June 2019, 1840 territory of private households and launching destruction of houses. According to eyewitnesses, residential facilities were damaged. Of them de- of attacks from there; at that time on the outskirts of the city, block posts stroyed 83 apartments and 112 and private houses, • location of block posts in close proximity to of the so-called militia were placed. Part of the re- 1645 facilities have suffered a medium degree of residential houses; spondents from the local population blames the damage. • shelling of the settlement by IAG. ATO forces for the first shelling of the settlement. The Commissions for the inspection of dam- Since then, the shelling of Krasnogorivka aged property does not inspect without the written city was regularly mentioned in the reports of the request from house owners. At the same time it is Krasnogorivka city ATO, JFO. impossible to examine residential properties on Krasnogorivka is a city of regional significance The city was subjected to a massive shelling the following streets due to a high level of danger: in the Maryinka district of Donetsk oblast. It is lo- in early June 2015, during the offensive of armed Zelenyi Hay, Stepna, Sadova, Yuvileyna, Gagarina, cated in the Central part of the region, on the Lozova groups on Maryinka. As of November 2015. In Kras- and partly on Slav’yanska, Petra Karpova, Sergiya river (a tributary of the Vovcha, Samara basin). As of nogorivka 500 houses (1500 flats) and 200 infra- 5 Prokofieva, Moskalevskogo, Mury. January 1, 2013, the city had a population of 15,9371. structure objects were damaged . On the territory of the city started a gradual res- Krasnogorivka’s East side of the city borders “Shootings were from both sides. Boy... Shelling toration of damaged houses at the expense of the with the village of Staromykhailivka that is under were coming here and going there. When I came regional material reserve of Donetsk oblast, oblast control of the so-called “DPR”, the Western suburbs back (in 2017. — ed.), it does not get to us, thank budget, international organizations and citizens of Donetsk (Petrovsky district) directly adjoin to the God. Our village, it was badly damaged. Because it themselves. At the expense of the regional mate- territory of the city2. is on the outskirts and a lot of shellings were com- rial reserve of Donetsk oblast, 195 roofs in private ing. Literally, every second home is damaged. There houses were restored, at the expense of the oblast were destructions in the center and near the village. budget 11 apartments have been renovated. It was going everywhere. Across Krasnogorivka In 117 private houses, medium and partial repairs there is no street which is untouched”6. were made, 7 houses were built from scratch after The destruction of residential properties in the the destruction. In 113 houses glass was replaced. city took place in 2016, and in 2017. In 2018–2019 The Danish Refugee Council and the International the number of messages about the destruction of Committee of the Red Cross assisted in the recon- immovable property in the city of Krasnogorivka struction of private homes2. Employees of the State decreased. The Eastern part of the city, which is lo- Emergency Service of Ukraine were involved in the cated near the contact line, suffers the most. At the beginning of the armed conflict in Donbas, restoration works3. “Here the ceasefire has never begun. It’s just Krasnogorivka was under the control of the so-called Apart from residential buildings, many outbuild- a name. Every day there are shellings. Some- “DPR”. On August 2, 2014, after the battle, the city ings were also destroyed: sheds, summer kitchens, times heavier, sometimes a little less, but they are was liberated by anti-terrorist operation forces3. garages, etc. On household plots which were located The house on Petrovska Str in the city of Maryinka. constant. When “Grad” worked, we heard about in close proximity to military positions, military for- Destruction outside and inside the house4 10 shells. Tank was shooting in the city, as well as 1 Population in Ukraine as of January 1, 2013. Data from tifications were built. Part of victims reported that the State Statistics Service of Ukraine the territory on their plots was mined, and tripwires During the survey which was carried out by
24 MASS SHELLING IN THE EAST OF UKRAINE Destruction of civilian housing in the combat zone 25 the heavy artillery. Mortars, small arms worked. heavily; 1058 private houses, 69 of them were com- According to the 2001 census, the village had a airport were supplied with food and ammunition All that could be,” said on July 20, 2017, the Chair- pletely destroyed and 100 are in need of serious re- population of 2,1601. through the village, as well as conducted a rota- man of the MCA of Krasnogorivka city in his com- pairs. In some cases, an inspection of destroyed or tion of soldiers. Artillery fire support was also de- ments to the military television”1. damaged housing was conducted, even though its ployed in Pesky5. Apart from residential buildings, many out owners left the place of residence and did not apply Eyewitnesses recall strong attacks on the village buildings were also destroyed or damaged: sheds, for inspection. In these cases, a house or an apart- in January 2015, they were probably associated with summer kitchens, garages, toilets, etc. Household ment is listed in the database of damaged objects, the fighting escalation for the Donetsk airport, the plots and orchards were also damaged. but inspection reports are not compiled. At the defense of which the Ukrainian military continued There were reports on robberies of houses same time, there are areas in the village near the till January 22, 2015. whose owners were out of town for the period of contact line (in the Eastern part of the city) where “Well, before the New year, it was not that bad. heavy shelling. the inspection of damaged immovable property And at the beginning of 2015, it was very scary. In August 2017, the Deputy Head of Krasnogo- cannot be carried out because it is too dangerous. The location of the village, its proximity to The shelling was crazy”6. rivka MCA Roman Korzhov published a list of dam- A restoration of damaged civilian property is be- Donetsk and Donetsk airport, played a tragic role in Constantly, because of the massive shelling, the ing gradually carried out on the territory of Krasno- aged houses in the city.”What is highlighted by the history of this settlement. population was forced to leave the village. There gorivka. Now 662 private houses and 46 multi-story markers is restored at the expense of humanitarian On November 21, 2014, the ATO press center re- were facts of the forced departure of the civilian pop- buildings have been restored. organizations and friends-volunteers. What is left ported on the seizure of control over the Pisky village2. ulation in the summer of 2014 by separate military For the restoration of residential facilities the blank– awaits restoration: its either located in the According to residents, the first shelling of the personnel of Ukraine. According to various reports, following funds were used: the regional budget, “red” zone, or there is simply a lack of materials”, village took place on July 18, 2014. The majority of from 6 to 13 civilians currently, reside in Pesky. 2 private funds of residents, aid provided by inter said Roman Korzhov . witnesses place the responsibility for the first at- For some time, during 2014–2015, some local national organizations: the Danish Refugee Coun- tack on ATO forces. residents were still able to get to the village periodi- cil, the Czech NGO “People in need”, the Inter- “Block posts were based only at the beginning of cally, inspect the house, pick up their personal be- national Committee of the Red Cross, Adventist the village, there are a Motel and a gas station. But longings. But now the settlement is closed both for Development and Relief Agency” ADRA Ukraine”,” property owners, and for local authorities. The ma- Caritas Ukraine”4. we had nothing in the village itself. I want to ask why they were shooting at us? Why were they shooting jority of citizens do not know in what condition is During the survey which was carried out by their housing or other property which remained in NGO “Donbass SOS” among persons whose prop- Pesky, peaceful people, at 7 am on July 18? What for, 3 the settlement. erty was damaged or destroyed in Krasnogorivka, Ukraine?” . Also, property owners are not able to obtain in- the following reasons for the destruction of prop- “For one or two days we had IAG in the village. spection certificates of damaged or destroyed prop- erty were named: It was said that Pesky was released, but in reality, erty. The Commission for the inspection of property • massive artillery shelling; IAG left voluntarily and people who wanted to go to damaged as a result of ATO/JFO created by the Yasi • the proximity of block posts to residential Donetsk were taken by bus. They left Pesky by them- novata OSA did not conduct any inspection of the buildings; selves. It was July 17, 2014”4. property in Pesky. An inspection of destroyed (dam- • the proximity to advanced military positions; Since then, the village has been under a regu- Photo of the list of houses damaged in the shelling aged) buildings and infrastructure will be possible in the city of Krasnogorivka3 • launching of attacks from the territory or sub- lar shelling, which led to heavy destruction of res- only after a sustainable cessation of hostilities, urbs of the city. idential facilities. Pesky has become a reference demining and authorization from the military and As of June 2019, on the basis of the MCA of Kras- point for the protection of the Donetsk airport by emergency response agencies.7 nogorivka the following damages were recorded: ATO forces in 2014–2015. The defenders of the 100 multi-story buildings, 1726 apartments in these Pisky village According to various preliminary data, there is not a single house in the village that has not been building, of which 102 apartments were damaged 1 Pisky — the village in Yasinovata district, Pisky (Yasinovata district)
26 MASS SHELLING IN THE EAST OF UKRAINE Destruction of civilian housing in the combat zone 27 The civilian population, while it was possible to In Verkhnyotoretsk located a train station Skoto- “My neighbor came, and we were standing, you “I lost two shares, ten hectares of land of the col- get to the village, recorded facts of robbery of prop vata of the Kostiantynivka — Yasinovata line. On the know, everything started screeching and whis- lective farm. The tenant refused to pay for the land, erty left in apartments, households. Most victims northern edge of the village, there is a Novobakh- tling... There were men next to the shop, they all fell he says that his tractor will not go there because blame AFU for robberies. mutivka station of the Ocheretino — Gorlivka line3. to the ground. We did not know where to run, came there are mines and the contact line”4. “We are all from the Pesky, all relatives. Everyone As of January 1, 2013, the city had a population of to the steel garage — where else? And there is a ter- The most damaged part of the village from the lost their homes. All property, all equipment, every- 2975 people4. rible howl around. We run into the house, where contact line, to the center of the settlement is Bet- thing is gone. What was broken, what was looted. The lands of the village border with the territo- to hide? And I threw this jam, everything, and run manove village (former name-Chervonyi Partisan). Ask at “Novaya poshta” who was sending every- ries controlled by the so-called “DPR”. to the train. I run, I run down the street, and it still As of July 1, 2019, by the Verkhnyotoretsk village thing. We locals were told, if we loot and get caught, whistles... and we think, why us?”1. Council, 392 certificate of investigation of damaged we will be shot straight away. So locals had nothing Periodic shelling of the village, and consequently property were prepared. 11 houses were completely to do with it”1. the destruction of buildings, continued throughout destroyed (burned). The affected local population the five years of the armed conflict. Unfortunately, still appeals to the village Council requesting the Verkhnyotoretsk in 2019 still suffers from periodic inspection of damaged property. attacks. Investigation of damaged housing, owners of Persons whose property was damaged told that it which left the place of residence and did not apply was caused by artillery attacks, attacks from tanks, for an inspection is not carried out in the village. grenade launchers, small arms. In different periods On the territory of the village near the contact line, Since 2014, this settlement has been a battle- of the armed conflict, there were cases when block block posts, and on Fabrychna, Stepna and Krasna field. Verkhnyotoretsk since the beginning of the posts were located in close proximity to houses, streets a safe inspection of property is impossible. armed conflict has long been divided by the con- some of them were later removed, in the yards of 215 houses are currently restored in Verkhnyo- tact line. According to locals, this conditional line civilians there was military equipment. toretsk. The following International humanitarian has gradually been “moving” along the settlement organizations assisted the local population in Video screen: “Completely destroyed Pesky: drone 5. In December 2017, there was a message about reconstruction: the Danish Refugee Council, the 2 video”, published by Radio svoboda in June 2015 . taking Verkhnyotoretsk under the full control of Czech NGO “People in need”, the International During the survey which was carried out by the AFU6. Now, according to local residents, sev Committee of the Red Cross, Adventist Develop- NGO “Donbass SOS” among persons whose prop- eral streets of the village on the outskirts of the ment and Relief Agency” ADRA Ukraine”, Norwe- erty was damaged or destroyed in Pisky, the fol- city are still controlled by IAG of the so-called gian Refugee Council5. lowing reasons for the destruction of property were “DPR”. There are only a few hundred meters to the There were reports on robberies of houses named: village of Betmanove, which is not controlled by whose owners were out of town for the period of • location of the settlement on the contact line; the Ukrainian authorities. heavy shelling. • fighting for the Donetsk airport; Shelling of the village began in the summer During the survey which was carried out by • position of advanced military positions, mili- of 2014, at the same time, the first destruction of NGO “Donbass SOS” among persons whose prop- tary equipment, weapons depots in the village; houses of the local population also took place. erty was damaged or destroyed in Verkhnyotoretsk, • launching of attacks from the territory of the Damaged household in Verkhnyotoretsk2 the following reasons for the destruction of prop- settlement. 3 Verkhnyotoretsk erty were named:
28 MASS SHELLING IN THE EAST OF UKRAINE Destruction of civilian housing in the combat zone 29 Zaytseve urban settlement locals, military positions of the parties sometimes houses,” — said the Chairman of MCA of Zaytseve are on the neighboring streets. settlement.3. Zaytseve is an urban settlement in Ukraine, in The first attacks on the village took place in 2015. During the survey which was carried out by Bakhmut district, Donetsk oblast. In the South, Since then the settlement constantly remains in Zaytseve is adjacent to the residential buildings of NGO “Donbass SOS” among persons whose prop- Mykytskyi district of the city of Gorlivka, in the East ATO/JFO reports. erty was damaged or destroyed in Zaytseve (from it borders with the urban settlement Golmyvskyi, In the settlement, there is a large number of both sides), the following reasons for the destruc- which are under the control of the so-called “DPR”1. damaged and destroyed houses both on the ter tion of property were named: As of January 1, 2017, a population of the village of ritory controlled by the AFU, and on the territory • location of advanced military positions, mili- Zaytseve was 3459 people2. controlled by the so-called “DPR.” Residents talk tary fortifications, military equipment of the about regular artillery shelling of the village, shel parties to the conflict in the village, in close ling from tanks and small arms. proximity to each other; On the GCA territory of the village, the most se- • regular shelling from the positions of both verely affected was Zhovanka district. As of May Destroyed house in the village of Zaytseve sides of the conflict; 2017, 60% of the buildings here were completely on the NGCA of Ukraine1 • the location of military positions near, and in destroyed and the rest were less damaged.5. some cases directly on the territory of private “On my street, all houses were destroyed com- households. pletely. Only 4 or 5 houses have walls.”6. A smaller amount of damaged buildings in com- Partially Zaytseve is under the control of the parison to Zhovanka is in the other part of Zayt- Gorlivka city seve — Bakhmut, which is controlled by the Ukrai- so-called “DPR”. There is a block post — entry/exit Gorlivka is the city of regional subordination nian military. checkpoint “Mayorske”. Until 2016, the village was in Donetsk oblast. The modern city is divided into A large number of destroyed houses is on the part of the Gorlivka City Council. In July 2016, ac- three city districts: Kalininsky, Mykytivsky and Cen- territory of the village controlled by the so-called cording to the Resolution of the Verkhovna Rada tral City. “DPR”. Several streets on which military positions of Ukraine, Zaytseve village included land that had Within the Gorlivka City Council, several urban are located, or adjacent to them — are almost com- previously been subordinated to the Gorlivka city settlements are located: Golmivsky, Zaytseve, Pan- pletely destroyed. Council, but was located on the GCA, namely: the teleymonivka, villages of Ryasne, Mykhaylivka, ”There were only 23 houses on the street. territory of streets of Mayorska Station, Sonyachna, Gladosove, Ozeryanivka, Pyatykhatky, Stavky, Fe- 3 15 houses were completely burned, 3 houses that Destroyed house in Zhovanka, Zalyvna, Koltseva of the city of Gorlivka . dorivka, Shyroka Balka. All settlements that be- are destroyed, not burned, just destroyed. The rest on the GCA of Ukraine2 In July 2015, the Ukrainian military took control longed to the Gorlivka City Council, except for the of part of the Zaytseve village4. Now, according to are still standing. They have suffered, but are still “Mayorsk is being reconstructed very well. part of the settlement Zaytseve and Gladosove standing.”7. During the fall of 2018, 58 roofs of private houses village (since November 2017) are located on the 1 Zaytseve (urban settlement) We have not received a response from the were renewed. Everyone who had documents on NGCA under the control of the so-called “DPR”4.
30 MASS SHELLING IN THE EAST OF UKRAINE Destruction of civilian housing in the combat zone 31 constantly under the control of the armed groups of toration of private housing: “3728 “and” Quick The city of Debaltseve was at the epicenter of the building stood. In our garden were explosions all the so-called “DPR” repair”4. armed conflict for some time.T here were fierce bat- the time. And then, in February, we got a call. People The first shelling of the city took place in July During the survey which was carried out by tles for the control over this settlement. From April were sitting in the shelter, in February they got out 2014. According to locals, the massive shelling of NGO “Donbass SOS” among persons whose prop- 2014 till July 29, 2014. the city was controlled by and we do not have home any more”4. the city was in 2014–2015 and later attacks became erty was damaged or destroyed in Gorlivka, the fol- IAG of the so-called “DPR”. Then almost for a half a The shelling did not stop after the signing of periodic. Now suburbs and the outskirts of the city lowing reasons for the destruction of property were year the city was held by the AFU. Since February 18, the so-called “Second Minsk agreements” on Feb- suffer from the shelling more, than other parts of named: 2015, after protracted fights, the city is controlled ruary 11–12, 2015 at the negotiations in Minsk. the city. • possible shelling of residential areas of the by the so-called”DPR”. Massive shelling of the settlement stopped after city by the so-called “militias”; The first shelling of Debaltsevo took place in July the Ukrainian military left the city on February 18, • shelling of the city from Ukrainian positions; 2014. The first destruction of residential properties 2015. • placement of military formations and military took place at the same time. According to eyewit- Locals often do not know the exact date when equipment in the city; nesses, regular shelling of the city did not stop even their houses were damaged. Many people left for • unknown cause. In certain parts of the city, after the signing of the first Minsk agreements on a period of heavy shelling, and when they returned 1 the respondents did not note anything that September 5, 2014 . According to this document, after the relative stabilization of the situation in the could provoke the shelling. Debaltseve is supposed to be under the control of city, they saw destroyed houses. According to some Ukraine. reports, there were about two thousand inhabitants ”On July 25, 2014, at 5 o’clock in the morning they in the city at that time.5. Debaltseve city “In 2015, attacks were happening on a daily ba- started bombing us. We climbed into the basement From different sources of information, Debalt- sis. And they still do... In 2014, that’s when the shel Debaltseve is a city of regional significance in of our own house. All our windows were smashed. seve has the greatest number of damaged houses as And it was the first day they started shooting at us. ling started, I was counting only in our village — up Donetsk oblast. The distance to Donetsk is 74 km by a result of the armed conflict in the East of Ukraine. It was July 24 or 25. IAG were in our city back then, to 15 houses. Up to 15 fires. The village of Kochegar- roads. On the Eastern outskirts of the City there is From 70 to 90% of city buildings received varying and the Ukrainian army was trying to expel them. ka. Someone was building something, hoping for a border between the Donetsk and Luhansk oblasts. degrees of damage. It is unclear who shot. We were in the shelter for two something...”1. Debaltseve is a city with a large railway junc- ”It was all broken. Of all the people I knew, no months. The Ukrainian army was brining us food”2. Residents have repeatedly stated about the at- tion. From here the roads diverged in several direc- one had a house that wasn’t damaged. Employ- In January — February 2015, the city underwent a tacks being carried out by armed groups in 2014– tions. As of 2013, there were dozens of commuter ees, friends, acquaintances, everyone. It’s after mass shelling and destruction of infrastructure and 6 2015 from the city and the placement of military and night trains. The city intersects 2 European cor- February.” . 5 residential facilities during the so-called “Battle of equipment near residential buildings. ridors: Е40М03 and Е50М04 . As of January 1, 2013 In addition to residential buildings, in many pri- 6 Debaltseve “. On January 22, 2015 offensive on De- According to locals, the number of damaged the city had a population of 45 983 people . vate households outbuildings and household plots baltseve by IAG was launched. According to eyewit- houses in the city reaches thousands. In August were also damaged. According to locals, in some nesses, attacks occurred all the time. 2016, citing the so-called Deputy Head of Adminis- places, defensive military structures (foxholes, Within three weeks, AFU were attacked several tration of Gorlivka Igor Gorbatov, it was announced trenches) were placed on the territory of private times per day from MLR “Grad” and “Hurricane” and that 2 244 private houses are destroyed, of which households. cannon artillery with calibers of 152 and 203 mm. 154 are beyond repair, and 1584 received destruc- “We have a place there... We have a railway hos- Apart from large calibers, mortars were also used tion of a non-capital nature2. pital there. First, IAG settled there, in schools and during the attack3. Also, for a few days there were “The central city district and suburbs suffered in college dormitories. The Ukrainian army shot at street fights in the city. a cluster of the military. Then those escaped, and the most. It is unknown who was firing. Because “Our house burned down in February. The win- Ukrainian troops stayed there. They began to dig everybody lies! It is unknown who exactly was dows flew out, the roof was damaged, but the 3 trenches. And then IAG began to shoot them. In Jan- firing.” . 4 436 private homes in Gorlivka will be rebuilt according uary — February of 2015, in our courtyard Ukrainian The affected civilian population was provided to the program of recovery “728 3” adopted in DPR 1 From the official point of view, there are no two “Minsk with construction materials under the current
32 MASS SHELLING IN THE EAST OF UKRAINE Destruction of civilian housing in the combat zone 33 • shelling of the city from the NGCA; on May 26, 2014 in the area of the airport. On that when the Swiss died, too4. We know where it came • launching of attacks from the territory of the day, the IAG attempted to seize the airport. Then the from, we drove next to it”5. settlement. Ukrainian command to protect this strategic object According to eyewitnesses, the most mass at- used combat helicopters “MI-24” and attack aircraft tacks of the city occurred from the end of August “SU-25”. Ukrainian units were also supported by 2014 till the end of February 2015. Later, in 2015– Donetsk city the Ukrainian aviation with fire1. 2016, attacks had a periodic character. On the out- The city of Donetsk is the administrative center of In the summer of 2014 artillery attacks on other skirts of the city, the sounds of shelling can still be Donetsk oblast. Before the armed conflict in Donbas, areas of Donetsk began, including with the use of heard. Donetsk was a major industrial and financial center of MLR “Grad”. According to the findings of the orga- The destruction of houses occurred in the past Ukraine, the” mining capital “ of Ukraine, the center nization “Human Rights Watch”, which visited Do- five years of conflict, but the vast majority in 2014– of the most economically developed oblast of Ukraine. netsk with a field mission in July 2014, at least four 2016. The largest number of destroyed houses is Donetsk is one of the five largest cities in Ukraine. attacks on the city from the MLR “Grad”, occurred in Kuibyshevsky, Kirovsky, Kievsky, Petrovsky dis- In March 2015, journalists of the program “Vikna- The territory of the city of Donetsk is divided into during July 12–21, 2014, and were committed by tricts of Donetsk. 1 Novyny” (STB) visited the occupied Debaltsevo . nine administrative units — districts4. government troops. It was also noted by the orga- “In 2014 all civilians left. We passed by it not so According to residents, some of the damaged Map of Donetsk districts: nization that the IAG placed its positions in densely long ago, in the private sector, all houses are de- houses have now been restored. In Debaltseve, sev- populated areas2. stroyed. Not a single house has survived. Stratonaf- eral multi-story houses for the population, whose Locals note about the further practice of place- tov Street is totally destroyed”6. housing was destroyed were built2. But not all vic- ments of military positions and techniques near In July 2017, the media with reference to the tims received aid. houses and bombardments from the territory of data of the so-called “Head of Administration” of In March 2019, the media published information the city by IAG representatives. Also, some of the Donetsk Oleksiy Kulemzin published the number about the restoration of private property in Debalt- inhabitants of Donetsk believe that part of shelling of destroyed and damaged housing in Donetsk. seve with reference to the so-called HCS Deputy of the city was carried out by IAG. According to this data, in Donetsk the shelling Chairman of Debaltseve Irina Gordus: “Repeatedly witnessed shooting from “Grad”, damaged: “Out of 297 multy-story buildings, 225 were located on the territory of the military unit (Kyivsky • 2,278 apartment buildings (12 of them de- damaged. As of today, 110 are fully repaired. Out district, the book market “Mayak”) and in the for- stroyed); of 6 thousand private houses, more than 3,5 thou- Budenovsky Kuibyshevsky est near the neighborhood Donsky (Budenovsky • 8171 private residential building (700 of them sand were damaged, and nearly 300 completely Voroshylovsky Leninsky district). “Grad” was not hidden. The shooting was are beyond repair). destroyed. 46 we built from scratch. To those Kalininsky Petrovsky conducted in the direction of the airport”3. Some of the damaged houses have already been people whose houses survived, we provide build- Kyivsky Proletarsky “IAG begin. Shooting towards the other side. restored, some of the victims were assisted with ing materials. Also, the Red Cross helps with Kirovsky Avdiivka, Pesky. Directly to houses, I did not see the construction materials to conduct restoration of a repair”3. any “paybacks”. In Putilovsky Grove where IAG po- houses by themselves. It is also known about the During the survey which was carried out by As of January 1, 2013 the city had a population of 5 sitions are placed, it is near my house. They have construction of 18 houses for people whose homes NGO “Donbass SOS” among persons whose prop- 953 217 people . Since April 2014, Donetsk is under 7 tanks there, I have seen them being shelled, there were destroyed . erty was damaged or destroyed in Debaltsevo, the the control of the so-called “DPR”, except the ter was smoke. Apparently, the shooting was coming Locals also noted that not all affected areas of following reasons for the destruction of property ritory of the Donetsk airport which the Ukrainian mili- from Avdiivka, Pesky. But we know that from our side Donetsk are being restored evenly. The slowest re- were named: tary have been defending till January 22, 2015. Fights they also shoot... And we are getting shelled from covery of private property occurs in areas close to • fighting for the control of the city; for the Donetsk airport became one of the most fierce the city. From the city to the city. And the Red Cross the contact line. • location of block posts, advanced military posi- in the armed conflict in the East of Ukraine.
tions, military equipment, weapons in the city; The first shelling in Donetsk and first destruction 4 1 battle on May 26, 2014 laurent Du Pasquier, an employee of the International of infrastructure and residential facilities took place
34 MASS SHELLING IN THE EAST OF UKRAINE Destruction of civilian housing in the combat zone 35 hansk oblast, the easternmost oblast center of the gan to storm the Administration of Luhansk border IAG was shooting at them, and they responded state. As of January 1, 2013, the city had a population unit, which is located on the outskirts of the city. back”4. of 425 828 people2. In early 2014, Luhansk ranked Luhansk border guards were provided with air sup- Residents have noted multiple cases of attacks 11th among Ukrainian cities in terms of population. port by the army aviation and AFU Air Force1. of IAG from densely populated areas of the city. The territorial community of Luhansk city Council “The planes flew first. There were events in Later several members of IAG publicly admitted that consists of four districts: Slavyansk, and we all thought it will settle some- at least part of attacks of Luhansk in the summer of • Artemovsky district (including Oleksandrivsk how, that nothing will happen to us. Lived, worked, 2014 were carried out by their representatives5. city, villages of Zrazkove, Teplychne, Yuvileyne, thought of nothing. And then, we have the border The next period when Luhansk suffered from Yuvileyne village Council, urban settlement unit in “Mirnyi” district. And it was shelled, as well shelling, was the end of January — February 2015. Katerynivka); as nearby houses. Then people started leaving the This time, there was new evidence of the destruc- 2 • Oktyabrsky district; city rapidly. There were dead and wounded” . tion of civilian homes. Later, also on June 2, 2014, there was a series of • Kam’yanobridsky district; According to the so-called head of the Depart- 3 explosions near the Luhansk OSA captured by IAG. • Leninsky district . ment of construction of the Luhansk city Admin- According to the OSCE Special Monitoring Mission Since the beginning of the armed conflict in the istration Yury Zenzerov, at the beginning of April, East of Ukraine, the settlement is controlled by in Ukraine, these explosions were the result of un- 2019, 3293 residential houses were damaged in the so-called “LPR”. Ukrainian paratroopers held guided missiles launched from the aircraft3. Luhansk. According to him, in the framework of the the defense of Luhansk airport, which is located “2,000 homes” and “2,000+ homes” programs, at a distance of 9 km from the city borders (Vidny 1,974 owners were assisted with construction ma- micro-district) until September 1, 2014. terials. Recovery program did not include 1319 pri- The summer of 2014 was tragic for the locals. vate houses, of which 444 were partially destroyed It was then that massive shelling occurred in the city, and not rebuilt, 108 — were destroyed completely, which resulted in a large number of civilian casual- Apartment in Donetsk after it was hit by a shell1 767 — were restored by homeowners and with aid ties and the destruction of buildings and infrastruc- provided by the UN forces.6 ture. The vast majority of residential buildings in Lu- Some residents whose homes were destroyed The number of damaged or destroyed prop- hansk suffered in the period June-September, 2014. were provided with temporary housing. erty of other forms of ownership remains un- Since then, regular shelling of the city lasted un- During the survey which was carried out by known. Information about the provision of con- NGO “Donbass SOS” among persons whose prop- til the beginning of September 2014. The most mas- sive took place in the July — August 2014. Attacks struction materials by the affected population in erty was damaged or destroyed in Donetsk, the fol- were carried out in all areas of the village. Locals Luhansk was confirmed by locals, with whom the lowing reasons for the destruction of property were remember air shelling, the artillery shelling, in- NGO “Donbass SOS” had the opportunity to chat. named: cluding by MLR “Grad”, and mortar attacks in early They also noted on the problem of payment for • the proximity to the contact line; June 2014. repair works. • fights for the Donetsk airport; ”It was impossible to count. At any time of day and During the survey which was carried out by • placement of block posts, advanced military po- night, there were attacks. In one day there could be NGO “Donbass SOS” among persons whose prop- sitions, military equipment, weapons in the city; three or four attacks. We heard a shooting nearby, erty was damaged or destroyed in Luhansk, the fol- • attacks from the territory of the city towards Since May 2014, locals have noted the appear- ance of block posts on the streets of the city, a large and, obviously, a strike was coming in response. lowing reasons for the destruction of property were the Ukrainian positions; number of people in uniform, columns of military One shell from the Ukrainian army hit us... Because named: • shelling of the city by IAG; equipment. Shooting from small arms was heard • attacks carried out from positions of the Ukrai- 1 4 periodically. One of the first shelling in Luhansk army aviation and Air force aviation of the AFU provided interview М. nian military. air support to comrades -Luhansk border guards 5 took place on June 2, 2014. In the morning, IAG be- bolotov’s confession: Chronology of Luhansk shooting
36 MASS SHELLING IN THE EAST OF UKRAINE Destruction of civilian housing in the combat zone 37 • placement in the city of armed men in military frastructure and buildings. Most of the local popu- Periodic attacks of this settlement occurred in erty was damaged or destroyed in Pervomaysk, the uniform, a large number of military equipment lation left the city, the rest were forced to stay in the 2016–2017. Local citizens were always reminded following reasons for the destruction of property and facilities; basement. about fighting by shooting sounds even in 2018, were named: • launching of attacks from the territory of the “Well, on the 26th, when we were leaving, at five mainly at night. According to media reports, con- • fighting for the control of the city; settlement; o’clock in the morning we departed, and at 5:30 AM trolled by the so-called “LPR”, attacks on Pervo- • placement of armed people, military equip- • attacks of the city from the Ukrainian military APCs were coming towards us. And they opened fire maysk continue to occur in 2019 as well1. ment and facilities in the city; positions. on Pervomaysk. And there were coming ours, Ukrai- • launching of attacks from the territory of the city; nian. Semenchenko Battalion. They have not yet de- • attacks of the city from the Ukrainian military stroyed our house on 26 July, and in August I already positions. Pervomaysk city got a call and was told that our house was hit, one Pervomaisk is a city of regional significance in entrance was burned, and there was no roof in the 4 Luhansk oblast. Pervomaysk is located on the left house. Something like that.” . Urban settlement Stanitsa Luhanska bank of the river Luhan’. Distance to the regional Locals note about active attacks of IAG from the Stanitsa Luhanska is an urban settlement in Lu- center is approximately 69 kilometers and goes territory of the city. hansk oblast, the district center of Stanichno-Lu- through the 1303 T highway (among the people — “We were witnesses when these IAG put the hansky district. Stanitsa Luhanska directly borders “bahmutka”)1. As of January 1, 2013 the city had car near the maternity hospital, shoot, and leave. with Luhansk, being separated from it by the river 2 Then put it near the store, shot, drove off and ran a population of 38 435 people . Seversky Donets. As of January 1, 2013, the city had away. And when Ukrainians were shooting back, Since the beginning of the conflict, the city has a population of 13 734 people4. The settlement has they happened to hit houses”5. been under the control of armed groups of the so- a well-developed industry: enterprises for the main- “An antiaircraft gun was right in front of our Destroyed house in Pervomaysk2 called “LPR”. Since April 2014, the city is filled by tenance of railway transport, industrial and food 6 armed people who call themselves Cossacks. Per- house. Across the street from us. There was mail” . According to the information provided by repre- processing plants, sand quarry, fisheries. Stanitsa On November 25, 2014, the OSCE Special Moni- vomaysk has the status of a “frontline city” and is sentatives of the de facto authorities in Pervomay- Luhanska is the center of the large agricultural area toring Mission in Ukraine visited Pervomaysk. one of the most destroyed during the armed conflict sk, which was released in August 2017, 290 mu- of the Luhansk oblast5. Observers estimated that 90% of residential and in the Luhansk oblast. nicipal multi-story buildings and about 860 private Stanitsa Luhanska is located very close to the According to media reports, on July 26, 2014 ATO apartment buildings were seriously damaged as 7 houses were destroyed, whereas 85 private houses contact line and has the only entrance/exit check- 3 a result of shelling . forces began storming Pervomaysk . Locals heard were destroyed completely. During the winter of point which is used by thousands of people a day in Shelling of the city continued in the autumn and saw planes, shooting, shelling, and military 2016–2017, about 40 private houses were dam- both directions. of 2014 and early 2015, as well as in the summer equipment in the city. The Ukrainian military failed aged again. of 2015, although according to eyewitnesses de- to take control over the city of Pervomaysk. At that time, 90 houses of the municipal fund and creased slightly during this period. The humanitar- The city has been under massive shelling since 200 private houses have already been restored3. ian situation in the city was terrible. There was no the end of July 2014, which lasted more than Confirmation of partial restoration of residen- gas, electricity and water supply. There was a short- a month. During this period, the city suffered many tial houses in Pervomaysk NGO “Donbass SOS” age of food. Local residents were given 250 grams civilian casualties and extensive destruction of in- received from local residents. In addition to resi- of bread per day8. dential buildings, many private households were 1 There were facts of robberies of property whose Pervomaysk (Luhansk oblast) damaged, as well as some level of destruction was
38 MASS SHELLING IN THE EAST OF UKRAINE Destruction of civilian housing in the combat zone 39 control of armed groups of the so-called “LPR”. “It all suffered, it is impossible to divide the of which 265 were destroyed completely. By then, in the city in early July 2014. On July 22, 2014, ATO On July 2, 2014, the village suffered from air shel land. Because Stanitsa is like in a pit. And on the 2,800 homes had been restored1. forces took control of the city5. ling, which led to civilian casualties and destruction mountain which is on top, there is Luhansk. Sta According to residents, the restoration of houses of buildings. The first plane destroyed the building nitsa is very clearly visible. It was hit many times. is carried out at the expense of international hu- of AMIAU in the center of the village. A little later, My house was badly damaged in August. Because manitarian organizations and citizens themselves. the second plane struck a densely populated area we got hit from Luhansk by “Grad” eight times in A small proportion of victims received little material of the village “Kondrashovka”1. one day. People, who live during attacks... You al- assistance from local authorities. “Well, they were shooting at the police building. ready know where it goes, where it is coming from, During the survey which was carried out by It’s not far from me. But somehow they hit private and where it lands”5. NGO “Donbass SOS” among persons whose prop- homes too”2. erty was damaged or destroyed in Stanitsa Lu- On August 21, 2014, after several days of fight- hanska, the following reasons for the destruction of ing, the AFU forces seized control over the set property were named: ”They came first, and then Ukrainians started 3 tlement . Stanitsa Luhanska and districts near the • location of the settlement in close proximity to beating them. And they went towards Pervomaysk. settlement, starting from June 2014, and up till the contact line; LPR is in 6 km.”6. now are constantly under fire.T he worst shelling, • placement of military and military equipment The first shelling of the city occurred in July 2014 according to local residents, occurred from late in the village; as a result of which the first destruction of residen- • cross-fire from military positions; August 2014 and continued until late winter of 2015. tial properties took place. The most massive shell- • attacks from the NGCA; In 2016 shelling was periodical. During 2017–2019 ing of the city was in 2014–2015, Locals recall the attacks in the area of the settlement continued, • launching of attacks from the territory of the period of frequent shelling of the settlement with usually at night, but the number of hits on the vil- settlement. mortars and MLR “Grad”. In 2016–2017 attacks lage has decreased significantly. occurred periodically. In 2018–2019 locals heard ”In June 2014 for sure, the airstrikes began. sounds of explosions mainly near the settlement. The whole Stanitsa was hit with bombs. And then in Damaged household in Stanitsa Luhanska6 Popasna city ”Pervomaysk is right next to us. Those fire from August-September — “Grad” were hitting from all Popasna — city, the district center of Popasna One of the possible reasons for the regular shel there, these fire back. My house, of course, was de- sides and hit Stanitsa as well. This is normal, as well district of Luhansk oblast of Ukraine. ling in the settlement is the proximity of the military stroyed by IAG. They were firing from Pervomaysk. as mines fly here and there, artillery, everything has The city is located in the South-Western part of positions of the parties to the conflict. Agreements A direct hit to veranda, veranda shattered, then it wholes. At night they shoot further away, but before it the oblast, 90 km from the regional center. A power 7 on the withdrawal of forces in the area of Stanitsa passed through the whole house” . was impossible to sleep. Only you are done with some ful railway junction is located in the settlement2. Luhanska were reached in September 20167, but During the heavy shelling, most of the local popu- repairs... My neighbor’s house was hit twice, even As of January 1, 2013 the city had a population of through regular shelling, the process of withdrawal lation left, those who remained were forced to live though they say that it will not get to the same place 21 917 people3. Popasna is a front-line settlement. 4 of forces in the area began only in June 20198. in basements. In 2014–2015 were recorded facts of twice-it did hit his house twice. Thank God he is alive” . After the beginning of the armed conflict in Eastern NGO “Donbass SOS” has not received any re- robberies of flats and houses, residents of which left Residential properties in Stanitsa Luhanska suf- Ukraine, there were IAG block posts in Popasna4. ply from Stanitsa Luhanska village Council to its for the period of heavy shelling. Local citizens blame fered considerable damage. For the entire period of A large number of armed people with military request on the number of damaged or destroyed soldiers who were in the settlement at that time. hostilities, the destruction of homes was caused by equipment, according to local residents, appeared According to Popasna OSA, as of June 2019, all types of weapons. housing stock. 1563 residential facilities of the private sector, In addition to civilian houses, outbuildings, land, According to representatives of local authorities 1 stanitsa Luhanska 2014–2018. How the village on the and households were also damaged. A significant in January 2018, during the entire period of active line of fire is being restored. 114 facilities of the municipal fund were damaged
40 MASS SHELLING IN THE EAST OF UKRAINE Destruction of civilian housing in the combat zone 41 A significant part of the damaged houses has al- following reasons for the destruction of property ready been restored. Funds provided from the state, were named: district and local budgets were used to eliminate • fighting for control of the city; the consequences of hostilities in 2015–2016. Re- • placement of armed men and military equip- pairs were made to multi-story buildings and some ment in the city; damaged apartments. Assistance in the repair of • cross-fire of the city. private sector homes in the city of Popasna was pro- Thus, according to the data obtained, it can be vided by charitable organizations: the Norwegian concluded that during the long armed conflict in Refugee Council, “Caritas-Ukraine”, “MersiCorps”, Eastern Ukraine, the parties are paying insufficient As of 1 January 2013, a population of the city the Danish Refugee Council, “ADRA” in Ukraine. attention to the protection of civilians within the 2 In the period 2016–2018, the local budget provided was 104 thousand persons . The distance from Ly- framework of international humanitarian law and financial aid to 52 residents of the city, whose hous- sychansk to the contact line is about 30 km. Destroyed house in Lysychansk, Skhidnyi district, 171 international human rights law. 1 ing was damaged . Since the beginning of the conflict in Eastern In Ukraine, there is still no comprehensive state Except for houses, outbuildings located on the Ukraine armed groups in uniform and military According to the Lysychansk city Council, strategy for the protection of civilians whose homes territory of private households, and land plots were equipment were in the city. On July 24, 2014, Ly- 333 houses of private ownership were partially have suffered as a result of hostilities, including an damaged in the village. According to locals, part of sychansk was freed by the ATO forces3. The most damaged during the fighting, and 34 were com- assessment of the damage caused, the creation of the victims spent their own money for house repair- dramatic events in the settlement during the armed pletely destroyed. 160 residential houses of mu- an assessment of damaged/destroyed immovable ment. Individuals whose homes have been com conflict in Eastern Ukraine took place in July 2014. nicipal property were damaged, of which 3 were property, addressing of compensation or restitution completely destroyed. pletely destroyed, local governments have provi Active fighting for the liberation of the city began issues. ded with temporary housing, which is in communal Between 2014 and 2018, with the direct assis- on July 22 and lasted for several days. It was dur- On July 10, 2019, the Cabinet of Ministers of ownership. tance of the Norwegian Refugee Council, 16 houses ing this period when there were massive artillery Ukraine adopted a Resolution that provides an op- During the survey which was carried out by were built in the private sector and 95 received par- attacks on the city, which led to the destruction and portunity to receive compensation for a destroyed NGO “Donbass SOS” among persons whose prop- tial assistance in reconstruction. damage to houses. The population was forced to property as a result of the armed conflict in Ukraine3. erty was damaged or destroyed in Popasna, the fol- Restoration of two multi-story buildings was hide for several days in basements. The government has made changes to the proce- lowing reasons for the destruction of property were carried out at the expense of the local budget, two ”We were being freed. IAG were firing from us, dure for provision and determination of the amount named: more — at the expense of the regional budget. Res- of financial aid to victims of emergencies who re- • the proximity of block posts, military positions Ukrainians were coming toward us. So whose mines toration of other damaged objects of multi-story mained in their previous place of residence. Cur- and equipment to residential properties; were flying... Maybe, it was from IAG when they were buildings was carried out at the expense of muni rently, this Resolution is not being used. The right • city attacks by IAG; retreating, maybe it was from the national guard. cipal enterprises, owners of objects, humanitarian 4 to receive aid, according to the above-mentioned • attacks from the city territory towards TOT; It was a mess.” . aid, concerned citizens, charitable foundations and Resolution, have only citizens of Ukraine whose • part of respondents reported that there was “24th of July is when our nine-story building was international organizations. Today, the housing housing was destroyed and who remained in the nothing that could cause or provoke attacks hit. Unfortunate location of the building. It turns out stock, which is in the municipal property of the city, previous place of residence and/or within the rel- that occurred next to their houses. our house was on a trajectory when it was hit from does not require restoration. 88 owners of the de- evant settlement. Thus, the mentioned above Reso- below and from above. So it is unknown who hit it. stroyed houses (located at the Skhidnyi district, 17) lution does not apply to those people: The building was hit 74 times. The fireman told me received compensation from the regional budget, Lysychansk city • whose property has been damaged as a result that. They started at eleven in the morning and fin- 12 families who were renting flats in communal of the armed conflict and requres repair; Lysychansk is a city of regional subordination ished at nine in the evening, from both sides. Our property received alternative accommodation2. • who left their previous place of residence, rel- in Ukraine and one of the oldest cities in East- 5 In addition to residential buildings, in some house is completely broken, destroyed, scattered.” . evant settlement in spite of the fact that their ern Ukraine. A large industrial center, part of the households outbuildings were damaged or de- property was destroyed. Lysychansk — Severodonetsk agglomeration. 2 Population in Ukraine as of January 1, 2013. Data from stroyed. the State Statistics Service of Ukraine The city is located in the North-Western part of the During the survey which was carried out by 3
42 MASS SHELLING IN THE EAST OF UKRAINE Destruction of civilian housing in the combat zone 43 1.3. Consequences which indicates that they lack timely and adequate were damaged between 2014 and 2019. Since 2014, time, the forecast for the NGCA estimates from from mass shelling aid both on the GCA and the NGCA. humanitarian partners have repaired half of the 8,000 to 10,000 vulnerable families (mainly non- Effect on property rights. As mentioned above, damaged buildings. Almost 80% of the restored displaced, as well as those who have returned to in the East of Ukraine part of the population of Donetsk and Luhansk houses are located on the GCA. their places of permanent residence and internally for the civilian population oblast leaves the damaged housing for an indefinite To prevent further displacement, most of the re- displaced persons).1 period of time. Such a step causes manipulation pairs were carried out for persons who had returned Effect on document obtainment. Persons whose It is enough to present some data in order to with the housing, land and property rights by repre- to their places of residence and for people living houses have been damaged or destroyed as a re- determine the possible impact on the population sentatives of the regime established on the NGCA. along the contact line and affected by the armed sult of the armed conflict in Eastern Ukraine often of the region due to the destruction of residential In particular, according to the existing practice, conflict. It was planned that humanitarian organi- lose their documents. In order to restore them, it is property caused by the armed conflict in Eastern mandatory re-registration of property is required zations will be able to cover about 50–60% of the necessary to cross the contact line and get to the Ukraine. with the owner’s presence. Given the situation, necessary repairs costs in 2018, and the need for GCA, which creates additional difficulties when, for Of 227 respondents (95 of whom are pen such presence is impossible. In this case, there is a repair of another 2,000–2,500 houses will be example, the identity card is lost. In addition, docu- sioners), 139 persons left damaged housing and a risk of “nationalization” of the property. postponed to 2019. ment recovery often requires a long wait, resulting lived with private persons, 88 did not leave or re- Another feature which was common for Donetsk It is known that there are families who continue in additional financial costs. turned shortly after the mass shelling stopped. oblast back in 2018 — the property can be “nation- to live in unsatisfactory conditions caused by the Effect on psychological health. According to the 21 of them lived with relatives, 56 people continued alized” in case of non-payment of utility bills. It is conflict, but they are not eligible for aid because 2017 Zone Study conducted by the REACH initiative, to reside in the damaged premises, of which 33 clear that in a situation where a person who does they do not meet the established criteria of vulner- psychosocial support is among the five needs2most have invested their own funds into housing repairs, not reside in a house that was damaged as a result ability (for example, households where adult mem- commonly identified by people living along the con- and 17 received temporary housing (12 people on of the armed conflict, he receives additional finan- bers of working age are unemployed). tact line. It is clear that those whose houses have the GCA and 5 — on the NGCA). cial obligations due to a necessity of payment for Partners of the Housing and non-food Cluster been damaged or destroyed as a result of the armed Thus, less than 1% of persons whose housing was utilities in the place of an actual residence and pre- (managed by the UNHCR in connection with People conflict are in particular need of such aid. As a result damaged as a result of the shelling were provided vious residence. In addition, cases were recorded, in Need) work exclusively in relatively safe areas. of the conflict, psychosocial problems occur among with aid in the form of temporary housing. Temporary on both sides of the contact line, when the civilian Along the contact line, there are villages with dam- all age groups, including children, the elderly, men, housing provided to victims according to respon- property was used for the residence of combatants, aged or destroyed houses, where security condi- and women of working age. dents included the following types: places in mo- and military fortifications were built on the ter tions do not allow repairs conduction. In addition, A third of elderly people report that they feel iso- bile towns, hostels, veterans ‘ houses, apartments, ritory of some households. This situation is typical housing rehabilitation aid is provided only to the lated and lonely, which is compounded by the lack which are in communal ownership of local authori- primarily for houses that are located near the con- minimum extent necessary to create sufficient living of access to social services for those living near the ties. All the rest were forced to solve the problem of tact line. conditions in accordance with national standards. contact line and in many areas of the NGCA. housing on their own. Most of the respondents ques- Effect on living conditions. As of December 2018, Such aid usually does not include the full restora- tionedby the NGO “Donbass SOS” rent their hous- about 9% of IDPs lived in dormitories or in compact tion of destroyed houses. 1 Review of humanitarian needs. Ukraine. December 2019
Obviously, this data is not a fully representative and compact living centers. At the same time, a sig- sample but allows to form an idea of the negative nificant number of these premises are unsuitable impact on the population of the region caused by for living. destruction or damage to residential property due Effect on houses restoration. According to the to the armed conflict in the East of Ukraine. A sig- Humanitarian Needs Assessment of the UN Office nificant number of appeals to the “Donbass SOS” for the Coordination of Humanitarian Affairs, more hotline comes from persons of a retirement age, than 50,000 homes on both sides of the contact line
44 MASS SHELLING IN THE EAST OF UKRAINE Consequences from mass shelling in the East of Ukraine for the civilian population 45 out providing a general comment to the document1. against humanity and military crimes committed Or, in the Resolution of July 21, 2014, regarding by the highest officials of the Russian Federation the situation with the shooting down of the inter and the leaders of the terrorist organizations DPR ІІ features of property right national flight MH17, it was only indicated that the and LPR.”5.The document perceives armed groups control over the territory where the remnants of the as terrorist organizations and makes no mention protection of civilians during aircraft were actually located is exercised by the of the existence of armed conflict in the context of the armed conflict armed groups2. events in Eastern Ukraine. In its periodic reports, the UN Monitoring Mis- The Office of the Prosecutor of the International sion in Ukraine notes that there is an armed con- Criminal Court is conducting a preliminary examina- flict in the East of Ukraine in the context of the tion of the situation in Ukraine to decide whether international humanitarian law. There is no clear there are grounds to start an investigation. In the were arguments stating this is an armed conflict of 2.1. lEgal qualification of definition of the type of conflict (international or course of the study, to conduct the correct qualifica- an international character. events in the East of non-international) or its mixed nature. In addition, tion of possible crimes under the relevant Articles Among variety of international organizations, it Ukraine from the point of in the context of terms that apply to the determina- of the Rome Statute, it has to be decided whether is necessary to highlight the one that is responsible view of international law tion of territories, reference is made to “territories there is armed conflict on the territory of Ukraine for the maintenance of world peace and can identify controlled by the’ Donetsk People’s Republic ‘and and what is the nature of this confrontation. When From the point of view of international law, it certain situations as an armed conflict or a threat the’ Luhansk people’s Republic’”3. looking at the general position of the Office in its is possible to assess the complexity of the legal to peace. Meaning, the UN. One of the purposes of On 4 February 2015, the Verkhovna Rada of report for the year of 2018 on the situation in the qualification that apply to the events in theE ast the organization is to support international peace Ukraine approved a statement4 recognizing the ju- East of Ukraine, the following can be seen: “In its 3 of Ukraine. The PACE Resolution “Recent develop- and security . Therefore, in this aspect, the UN in- risdiction of the International Criminal Court over Report on Preliminary Examination Activities 2016, ments in Ukraine: threats to the functioning of stitutions are authorized to make decisions on the crimes that have been committed and are being the Office assessed that by 30 April 2014 the level democratic institutions” stated: expresses its great implementation of the legal qualification of armed committed in Eastern Ukraine for the period from of intensity of hostilities between Ukrainian govern- concern about the build-up of large numbers of Rus- conflict, in particular, the UN General Assembly.”.. February 20, 2014, until now. It was the second ment forces and anti-government armed elements in sian military troops along the border with Ukraine can discuss any question relating to international statement of Ukraine that concerned events not eastern Ukraine had reached a level that would trig- which are detrimental to the already tense situation peace and security... “and the UN Security Coun- only in the East of Ukraine but also on the ter ger the application of the law of armed conflict and ritory of the occupied ARC. But regarding the in the country.”1. Since April 2014, when riots in the cil.”..bears primary responsibility for the mainte- that the armed groups operating in eastern Ukraine, events in the East, it is necessary to pay attention East of Ukraine began, and in response to which nance of international peace and security”4. including the LPR and DPR, were sufficiently -or to the wording presented in the statement: “crimes ganised to qualify as parties to a non-international the beginning of the ATO was proclaimed2, at vari- When looking at the resolutions adopted by the armed conflict. The Office also cited additional in- ous international venues, there was a discussion UN institutions regarding the situation in the East- 1 united Nations Security Council Resolution No. 2202 of formation, pointing to direct military engagement of actions of the IAG. In fact, after the formation of ern Ukraine from this side, it is worth noting that 17.02.2015 (2015) between the respective armed forces of the Russian the self-proclaimed republics, and the appearance they discuss only the fact of the existence of the
46 FEATURES OF PROPERTY RIGHT PROTECTION OF CIVILIANS DURING THE ARMED CONFLICT Legal qualification of events in the East of Ukraine from the point of view of international law 47 appears that an insufficient information has been of the courts in its decision regarding the fact of against Italy, the so-called case of jurisdictional im- of state immunity in these cases is not applied for provided to the Office to suggest that the armed internal displacement: munities of States1. several reasons: forces of the self-proclaimed republics are under “...Thus, the panel of judges, on the basis of the Firstly, the Court determined the relationship • ”Firstly, this norm defines immunity from the common control1 of the RF: “The existence of analysis of the above provisions of the law, came between the rules of international humanitarian bringing a claim against a foreign state and a single international armed conflict in eastern to the conclusion that as a type of state protection law and the jurisdictional immunity of a state. bringing it as a third person. However, in this Ukraine would entail the application of articles of of human and civil rights and freedoms it is neces- In the International Court of Justice, Italy referred case, the Russian Federation participates as the Statute relevant to armed conflict of an inter sary to consider judicial protection of human and to the Art. 12 of the Convention on jurisdictional im- an interested person in the case of special national character for the relevant period. Taking civil rights and freedoms, that is, the state assumes munities of States and their property of 2 Decem- proceedings, and does not make claims as into account the possible alternative classifications such a duty in accordance with the above constitu- ber 2004, which implies that a state shall not be a party or a third party in the case of claim immune in cases of pecuniary compensation in the proceedings”2; of the armed conflict(s) in eastern Ukraine, the Office tional norms, the right to judicial protection implies event of death or injury to any person or damage to • “Secondly, the basis for the submission by has considered provisions of the Rome Statute ap- specific guarantees of effective restoration of rights property or loss thereof as a result of an act or omis- citizens of Ukraine of an application for the plicable in both international and non-international through justice. Given the above, the panel of judges concluded sion if such act or omission occurred on the territory establishment of the relevant fact is the tem- armed conflict in conducting its analysis of the al- that liability for a violation of rights and freedoms of another state and if the person was on that ter- porary occupation by the Russian Federation leged crimes committed by the different parties to determined by the Constitution and laws of Ukraine ritory at the time of an act or omission. The Inter- of part of the territory of Ukraine. As stated the conflict.”2. of a citizen on the temporarily occupied territory, national Court of Justice refuted Italy’s argument in paragraph 15 of the preamble of the Law of It is also necessary to pay attention to the na- including part of the Luhansk oblast, attributed to and stated that the provisions of this Article do not Ukraine “On the peculiarities of State policy tional judicial practice, which is applied not only the Russian Federation as the state-occupier in ac- apply if the injury to a person or his property was on ensuring Ukraine’s State sovereignty over in cases involving violations of the property rights cordance with the norms and principles of inter caused during armed conflict. In this case, the rules temporarily occupied territories in the Donetsk of civilians, but also when other acts are commit- national law that is established by the Article 5 of of international humanitarian law, including those and Luhansk oblasts”, the actions of the Rus- ted during the armed conflict in Eastern Ukraine. the Law of Ukraine “On ensuring civil rights and relating to compensation and restitution in situa- sian Federation in certain areas of Donetsk and Referring to court cases which concern recogni- freedoms and the legal regime on the temporarily tions of armed conflict, come into force. Luhansk oblasts, the Autonomous Republic of tion of the fact of commission of act and cause occupied territory of Ukraine”, by part 4 of the Article Secondly, the Court pointed out that the review Crimea and the city of Sevastopol grossly vio- of negative consequences “as a result of armed 2 of the Law of Ukraine “On the peculiarities of State of such cases in civil proceedings does not provide late the principles and norms of international aggression of the Russian Federation on the ter- policy on ensuring Ukraine’s State sovereignty over for consideration of the legality or illegality of the law. Part four of the Article 79 of the Law of ritory of Ukraine and occupation by the Russian temporarily occupied territories in the Donetsk and acts committed. The fact that a war crime or a crime Ukraine” On private international law “ indi- 3 Federation of the part of the territory “. And the Lugansk oblasts,” and confirms the fact that the against humanity has been committed is of para- cates those cases where Ukraine may apply re- Supreme Court actually legitimized this practice forced displacement in July 2014, of INDIVIDUAL_1 mount importance when deciding on compensa- tort-a lawful restrictive measures in response and INDIVIDUAL_2 from the occupied territory of tion for its consequences. Italy argued that other to similar measures of another state. Thus, if, 1 Common control is a principle defined by the Interna- Luhansk oblast occurred as a result of the armed attempts to obtain compensation for victims were in violation of international law, Ukraine, its tional Court of Justice and the practice of international unsuccessful, so the Italian Supreme Court ignored property or representatives in a foreign state tribunals with respect to the extraterritorial jurisdiction aggression of Russian Federation against Ukraine are not provided with the same judicial im of a state, which determines the responsibility of a cer- and the occupation of the Russian Federation of the the jurisdictional immunity of Germany in the re- munity, which, according to parts one and two tain state for the actions of armed groups on the territo- territory of the Luhansk oblast...”4. view of cases. The International Court of Justice ry of another state. The criterion determines how much replied that neither the national practice of coun- of this Article, is provided to foreign States, the management of armed groups depends on the de- In the future, such positive decisions are used by their property and representatives in Ukraine, cision of a particular state. The principle is defined in the claimants to file lawsuits to the national courts tries nor the norms of international law make the the Cabinet of Ministers of Ukraine may take the Nicaragua v. the USA, 1986 case of the International of Ukraine against the Russian Federation with the immunity of a state to be dependent on the means Court of justice of recourse against it, which can be used by both appropriate measures to that State and its
48 FEATURES OF PROPERTY RIGHT PROTECTION OF CIVILIANS DURING THE ARMED CONFLICT Legal qualification of events in the East of Ukraine from the point of view of international law 49 According to the General provisions of the Ge- that for the operation of the norms of international or seizure be imperatively demanded by the or villages or devastation not justified by military neva Conventions of 1949, their rules apply to “...all humanitarian law in the context of armed confron- necessities of war1. In fact, the same principles and necessity” as a war crime4 . Moreover, the Article 147 cases of declared war or of any other armed conflict tation between States their separate decision, rec- approaches used in the Hague Convention of 1907 of the Geneva Convention relative to the Protection which may arise between two or more of the High ognition or non-recognition of events, carrying out were used in the elaboration of the norms of the of Civilian Persons in time of war includes “grave Contracting Parties, even of the state of war is not of appropriate domestic legal qualification is not Geneva Convention of 19492. violations subject to penalties under the Article 146, recognized by one of them1. Ukraine has consolidat- required. These provisions are automatically ap- The norms provide that the occupying forces in particular, “the extensive destruction” of proper- ed its position on the events in the East of Ukraine plied and are aimed primarily at the protection of are allowed to destroy, in whole or in part, certain ty not justified by military necessity and carried out at the level of national legislation in the Law of the civilian population that is most affected by the private or public property on the occupied territory unlawfully and wantonly5. Ukraine “On the peculiarities of State policy on en- fighting. when urgent military needs require it. But at the In addition, international humanitarian law also suring Ukraine’s State sovereignty over temporarily The Geneva Convention relative to the protection same time, the importance of such military needs provides for the right of the occupying authorities, occupied territories in the Donetsk and Luhansk of civilian persons in time of war incorporates spe- must be assessed and it is the occupation authori- under certain circumstances, to dispose of property oblasts“, “...noting that the armed aggression of cific principles relating to the treatment of civilians ties who are responsible for their good conduct in in the occupied territory, namely, the right to requi the Russian Federation began with undeclared and on the territory of conflict. According to the Arti- armed conflict, without abusing customs of warfare. sition of private property, the right to confiscate cle 53 of this Convention, any destruction by the Oc- covert incursions into the territory of Ukraine by Thus, the occupying power must try to interpret the any movable property belonging to the state that cupying Power of real or personal property belong- units of the armed forces and other law enforcement clause in a reasonable manner: whenever it is felt may be used for military operations, and the right ing individually or collectively to private persons, or agencies of the Russian Federation, as well as by essential to resort to destruction, the occupying to manage and use property belonging to the occu- 2 to the State, or to other public authorities, or to so- organizing and supporting terrorist activities...”. . authorities must try to keep a sense of proportion pied state.6 cial or co-operative organizations, is prohibited, ex- That is, for its part, Ukraine considers the events in comparing the military advantages to be gained Protocol I Additional to the Geneva Convention cept where such destruction is rendered absolutely on its territory as an armed conflict, but such na- with the damage done3. relative to the Protection of Civilian Persons in in- necessary by military operations3. In addition, the tional decision does not mean that this position At the same time, it is necessary to recall what ternational armed conflicts of 8 June 1977 and the protection of property rights may also correspond is also supported at the international level, cases actions can be called a “scorched earth” tactic from Protocol II Additional to the Geneva Convention to the prohibition of looting and repression of civi regarding this issue still have to be resolved by the a military point of view, that is, the systematic de- relative to the Protection of Civilian Persons in non- lians in the occupied territories provided for by the competent courts. struction of entire districts, mainly residential, by international humanitarian law4. international armed conflicts of 8 June 1977 should the occupying forces that came before the advan Under this provision, any property in armed also be mentioned. Norms of these protocols to cing forces. The practice of various courts since the conflict is subject to protection, regardless of varying degrees protect property and social facili- end of the Second World War has established that its type and form of ownership, but only the one ties, anticipating the following: such actions can only be accepted in exceptional 2.2. Protection of civilians which is located on the occupied territory5. In ad- • prohibition of reprisals against objects per- cases, but the general position is that such actions 7 in armed conflict dition, it excludes from its scope property which forming medical functions ; has been damaged during hostilities, unless ex- were condemned when they actually became exces- (international standards) 4 cessive damage or destruction was caused by the sive or unjustified military operations. Article 6 (b) Charter of the International Military Tribunal as of Au- of the Charter of the International Military Tribunal gust 8, 1945 2.2.1. International humanitarian law violation of the laws and customs of war. Rules of
50 FEATURES OF PROPERTY RIGHT PROTECTION OF CIVILIANS DURING THE ARMED CONFLICT Protection of civilians in armed conflict (international standards) 51 • prohibition of employment of weapons, pro- • protection of the works or installations con- fied the additional Protocols on August 18, 19891. or to secure the payment of taxes or other contribu- jectiles and material and methods of warfare taining dangerous forces are specifically lim- Just as the Russian Federation of the Soviet Union of tions or penalties.”4. of a nature to cause superfluous injury or un- ited to dams, dykes and nuclear electrical Socialist Republics, including its international obli- In defining the concept of “property” and, ac- 1 5 necessary suffering. ; generating stations ; gations. Therefore, their provisions are binding on cordingly, violations possible under the Article 1 of • mandatory distinction between civilian and • in the conduct of military operations, constant Ukraine itself and their compliance may be required the Protocol I to the ECHR, the ECHR is not limited military objects, respectively, directing mili- care shall be taken to spare the civilian popu- from other participants. exclusively to immovable property: “the concept of tary operations against military objectives2; lation, civilians and civilian objects6. “possessions” in the first part of Article 1 of Proto- • protection of the historic monuments, places The main feature of provisions of the inter col No. 1 is an autonomous one, and is independent of worship which constitute the cultural or national humanitarian law is that its application 2.2.2. International human rights law of the formal classification in domestic law and is spiritual heritage3; is the sole responsibility of the parties of armed not limited to the ownership of physical goods: Among the norms of international human rights • prohibition of attacking, destroying, removing conflict. No international organization or entity can The issue that needs to be examined in each case is law, it is necessary to distinguish provisions that or rendering useless objects indispensable to compel a party to a conflict to comply with provisions whether the circumstances of the case, considered 4 protect the right of property belonging to a person. the survival of the civilian population ; and requirements of the law, but the international as a whole, conferred on the applicant title to a sub- community supports the principle of justice and According to the Article 17 of the Universal Declara- stantive interest protected by this provision. Certain 1 P. 2 of the Article 35 “It is prohibited to employ weap- promotes justice for violations of the international tion of human rights, everyone has the right to own other rights and interests constituting assets can ons, projectiles and material and methods of warfare humanitarian law. property alone as well as in association with others. of a nature to cause superfluous injury or unnecessary also be regarded as “property rights”, and thus as 2 suffering” the Convention relative to the protection of Ukraine became the successor of the Ukrainian No one shall be arbitrarily deprived of his property . “possessions” for the purposes of this provision. civilian persons in time of war (Protocol I), as of June 8, Soviet Socialist Republic, which, for its part, signed Also, the Article 28 of the Declaration adds that ev- The concept of “possessions” covers both “exist- 1977: the Geneva Convention7 on August 12, 1949 and rati https://zakon.rada.gov.ua/laws/show/995_199. eryone is entitled to a social and international order ing possessions” and assets, including claims, in 2 atricle 48 “In order to ensure respect for and protec- in which the rights and freedoms set forth in the respect of which the applicant can argue that he or tions and supplies, and irrigation works for the specific tion of the civilian population and civilian objects, the Declaration can be fully realized3. she has at least a “legitimate expectation””5. That is, Parties to the conflict shall at all times distinguish purpose of denying them for their sustenance value to between the civilian population and combatants and the civilian population or to the adverse Party, whatev- Provisions for the protection of property rights in this context, the ECHR means that a broad ap- between civilian objects and military objectives and er the motive, whether in order to starve out civilians, are also contained in regional documents. The great- proach is applied to the definition of the object of to cause them to move away, or for any other motive” accordingly shall direct their operations only against protection. For example, housing in public owner- military objectives/ the Convention relative to the pro- the Convention relative to the protection of civilian per- est importance for Ukraine and the practice of the tection of civilian persons in time of war (Protocol I), sons in time of war (Protocol I), as of June 8, 1977. national judicial bodies is the ECHR. Article 1 of the ship, where the applicant lived, and for which he as of June 8, 1977:
52 FEATURES OF PROPERTY RIGHT PROTECTION OF CIVILIANS DURING THE ARMED CONFLICT Protection of civilians in armed conflict (international standards) 53 the proclamation of Kurdish autonomy1. The country necessary in a democratic society in the interests of civilian housing, infrastructure, and social insti- the damage suffered and its extent. Regarding the was engaged in long-term anti-terrorist operation, of national security, public safety or the economic tutions1. present case, the Court cannot but note that the the consequences of which were, in particular, the well-being of the country, for the prevention of dis- The ECHR also noted in its practice that the appli- applicants did not provide any specific explanation destruction and damage caused to civilian homes. order or crime, for the protection of health or mor- cants‘ arguments regarding the destruction of prop- as to why no documentation confirming the dam- In Ayder and Others v. Turkey, the European als, or for the protection of the rights and freedoms erty must be supported by relevant evidence and age or destruction of their property could have been Commission proclaimed that “the Commission re- of others4. In the case of Mentes and Others vs. Tur- supporting documents. The nature of the violation adduced”4. fers to its findings in similar cases, which concerned key, the applicants complained that the destruction under the Article 1 of the ECHR Protocol I requires Regarding the situation in Eastern Ukraine, the similar complaints of the destruction of homes of their homes by the security forces and the ex- that the complaint filed under this violation contain ECHR has already made a decision in several cases, and forcible expulsion. In that case, the Commis- pulsion from their village constituted violations of at least a brief description of the property. In addi- pointing to the need to comply with the principle of sion noted that it was a known fact that there had the Article 8 of the ECHR. In its decision, the ECHR tion, given the lengthy nature of the case and the proof of alleged violations. In the decision on the been destruction of villages in South-East Turkey found that in this case there was a violation of the procedures of the ECHR, the applicant should take admissibility of Lisnyy and others v. Ukraine and 5 with many people displaced as a result. While the Article 8 . measures to account the actual material losses in- Russia, the Court stated that the applicant had sub- Government had outlined a general scheme of rem- A significant number of cases related to the curred and the assessment of the damage caused, mitted only a copy of his passport and photographs edies that would normally be available for com- events that were under consideration by the ECHR, which should be provided to the Court.2 When pro- of the damage to the building. No evidence of own- plaints against the security forces, the Commission and recognized by the Court as systematic viola- viding examples of admissible evidence of owner- ership of the house or any other document confirm- found it significant that, although the destruction tions by Turkey, the Committee of Ministers remind- ship or location of property, the ECHR referred to ing the applicant’s right to the house has not been of houses and property has been a frequent occur- ed the government that it is necessary: documents such as: proof of ownership of land or filed.T he second applicant submitted a copy of his rence in South-East Turkey, the Government had not • to reinforce the regulatory framework for the property, excerpts from land or tax registers, docu- passport and copies of various OSCE reports and provided a single example of compensation being action of the security forces, ments from the local administration, plans, photo- certain printouts of articles found on the Internet awarded to villagers for damage like that suffered • to improve the professional training of the graphs and maintenance receipts, as well as evi- regarding the general situation in Eastern Ukraine. by the applicants. Nor had relevant examples been members of the security forces and dence of postal parcels, witness statements or any The third applicant submitted only a copy of his given of successful prosecutions against members • to ensure the existence of effective domestic other relevant materials3. passport. Despite the materials provided to the 6 of the security forces for the destruction of villages remedies in all cases of the alleged abuse . Special attention of the ECHR is paid to the evi- Court, the cases were declared inadmissible.5 and the expulsion of villagers.”2. Both the European As a systemic solution to the problem, the Tur dence of committing certain violations during armed In general, the judicial procedure has developed Commission and the ECHR admitted that there was kish authorities have adopted a special “Law on conflict: “...The Court admits that situations arising a flexible approach to the evidence to be provided a violation of property rights by Turkey. The court Compensation” to provide a right to compensation from an armed conflict imply specific circumstances by applicants who claim to have lost their property confirmed that, despite the fact which party to the over and above the State’s liability for losses caused which may create obstacles for adducing evidence. and housing in situations of international or non- armed conflict committed the violation, theT urkish by the administration, notably in the fight against The Court is, however, aware that many applicants international armed conflict.T he ECHR notes that authorities were obliged to resolve the issue of terrorism. In addition, more attention was paid to a similar approach is reflected in paragraph 7, of 3 before the Court, whose complaints stem from the compensation to the victims . criminal liability for material damage and monitor- 6 particular context of the hostilities in the Tskhinvali the Article 15, of the Pinheiro Principles , the UN In addition to the actual violation of property ing of the effectiveness of investigations. In order to Region during the same period of time and who raise Principles on housing and property restitution for rights in cases against Turkey, the applicants also restore the right to use property, a “return to village 7 similar issues, have been able to submit documen- refugees and displaced persons . Thus, the ECHR spoke of a possible violation of the Article 8 of the and rehabilitation” project was launched to create tary evidence from the local authorities attesting to links its practice to the principles and standards ECHR. The Article defines that everyone has the right favourable conditions for the resumption of life in to respect for his private and family life, his home villages affected by the events — the rehabilitation 4 1 action report, Turkey, Aksoy group of 284 cases v. Tur- Kudukhova v. Georgia, app. no. 8274/09, 8275/09, de- and correspondence. There shall be no interference key, February 2019, §83–87 cision 20.11.2018, §33 by a public authority with the exercise of this right 4 Convention for the protection of human rights and fun-
54 FEATURES OF PROPERTY RIGHT PROTECTION OF CIVILIANS DURING THE ARMED CONFLICT Protection of civilians in armed conflict (international standards) 55 adopted by the UN in the field of protection of vic- private and family life and home, and to the peace- place from April 20141 will be outlined. The available Among the established principles of restitution tims of armed conflict. ful enjoyment of his possessions, especially when time and consideration of individual cases should are the following: In directing the actions of the armed forces, applicants were directly witnessing it, and lack of be used by the applicants and their representatives • the right to non-discrimination; States must be responsible for their actions and opportunity to use their belongings for a long pe- to collect and present to the ECHR all possible and • the right to equality between men and women; possible violations, while preventing possible riod of time2. Such requirements, together with the available evidence of violations. • the right to be protected from displacement; abuses and negative effects on the civilian popu- violation of the Article 3 of the ECHR (prohibition • the right to privacy and respect for the home; • the right to peaceful enjoyment of possessions; lation. In the decision of Kerimova and others v. of cruel, inhuman or degrading treatment), were Russia the Court stated that “while directing the 2.2.3. Standards and principles • the right to adequate housing; stated when submitting complaints to the ECHR on federal forces to destroy military targets, such as il- of the United Nations • the right to freedom of movement; the armed conflict in Georgia. But such allegations legal fighters’ bases, ammunition depots, etc., this and other regional organizations • the right to voluntary return in safety and dig- were declared inadmissible by the Court, in particu- nity; order does not appear to have specifically autho- International law, in situations where civilian lar, despite the short duration of the resettlement • compatibility with international human rights, rized the federal servicemen to inflict damage on populations are harmed, provides for a number of of victims from their own homes: “...Although it is refugee and humanitarian law and related the aforementioned applicants’ housing and prop- principles and standards that can be used by States reasonable to assume that taking refuge in another standards; erty and, in any event, it contained no guarantees at the national level, which can form the basis for country for a relatively short period of time alleg- • accessibility of restitution claims procedures; against an arbitrary use of force that might result the development of relevant legislation. Analyzing edly due to the hostilities would have caused the • housing, land and property records and docu- in damage to, or destruction of, an individual’s international norms, it is worth noting that they do applicants some level of stress and discomfort, the mentation are kept on the sufficient level4. private property. The Court thus concludes, in view not provide clear guidance for action but only set a Court concludes that such discomfort alone does Among the UN documents dealing with the issue of the above considerations and in the absence of certain framework and guidelines for building spe- not amount to an interference with private and of harm caused, the Basic Principles and Guide- an individualised decision or order which clearly cialized policies. lines on the Right to a Remedy and Reparation for indicated the grounds and conditions for inflicting family life of the applicants protected by Article 8 The Pinheiro Pirnciples2 are very important, 3 Victims of Gross Violations of International Human damage on the relevant applicants’ homes and the of the Convention” . However, despite the continu- which are the United Nations Principles on Hou Rights Law and Serious Violations of International property of the second to seventh and fourteenth ing nature of violations against civilians in Eastern sing and Property Restitution for Refugees and Humanitarian Law should be highlighted5. One of applicants, and which could have been appealed Ukraine, the importance of such an argument is Displaced Persons. According to these principles, the obligations of States under these Principles is against in a court, that the interference with the gaining strength for the victims. all refugees and displaced persons have the right to ensure that their domestic law provides at least relevant applicants’ rights under Article 8 of the Currently, there are over 4,000 individual ap to have restored to them any housing, land and/or the same level of protection for victims as that re- Convention and the rights of the second to seventh plications before the Court which are apparently re- property of which they were arbitrarily or unlawfully and fourteenth applicants was not “lawful”, within quired by their international obligations. lated to the events in Crimea or the hostilities in East- deprived, or to be compensated for any housing, the meaning of these Articles”1. Thus, if a State The basic obligation of a State in a situation of ern Ukraine.4. A large part of these cases relates to land and/or property that is factually impossible plans a military operation, it must assess the real a gross violation of international norms is to respect, the damage and destruction of civilian property dur- to restore. States shall demonstrably prioritize threat of damage and to what extent it is exceeding ensure respect for and implement international hu- ing hostilities. According to the last press-release by the right to restitution as the preferred remedy for the target set during the operation. In the case of man rights law and international humanitarian law the Court, decisions in these cases can be expected displacement and as a key element of restorative civilian property, this should be indicated in the as provided for under the respective bodies of law, justice. The right to restitution exists as a distinct includes, inter alia, the duty to: relevant orders for the conduct of a military opera- after the decision in the first inter-State claim of right, and is prejudiced neither by the actual return • take appropriate legislative and administra- tion, which would allow victims to appeal against Ukraine against Russia regarding the situation in the nor non-return of refugees and displaced persons East (complaint No. 8019/16) will be made, because tive and other appropriate measures to pre- the decisions taken. And in the event of a risk of 3 entitled to housing, land and property restitution. vent violations; harm, a State should provide for appropriate repa- in this particular case the decision on the division of • investigate violations effectively, promptly, ration for victims. responsibility between States for the events taking 1 eCHR to adjourn some individual applications on Eastern thoroughly and impartially and, where ap- In addition, as one of the aspects of the right un- Ukraine pending Grand Chamber judgment in related 2 propriate, take action against those allegedly der the Article 8 of the ECHR, one can speak about Yöyler v. Turkey, app. no. 26973/95, judgement inter-State case, the ECHR, press-release on 17.12.2018 24.07.2003, §79–80
56 FEATURES OF PROPERTY RIGHT PROTECTION OF CIVILIANS DURING THE ARMED CONFLICT Protection of civilians in armed conflict (international standards) 57 responsible in accordance with domestic and the regulation of state obligations in relation to legal rights of refugees and displaced persons for which individual perpetrators should be international law; them. Thus, the UN Guiding Principles on internal to their property and restoration of their safe held to account.1. • provide those who claim to be victims of a hu- displacement note that all authorities and inter physical access to, and possession of, such The provisions of the Resolution are of recom- man rights or humanitarian law violation with national actors shall respect and ensure respect for property. Where restitution is not possible, mendatory nature for the Member States of the equal and effective access to justice, as de- their obligations under international law, including adequate compensation must be provided; Council of Europe and their implementation de- scribed below, irrespective of who may ulti- human rights and humanitarian law, in all circum- • ensure equal and effective access to legal pends on the will of the particular State and other mately be the bearer of responsibility for the stances, so as to prevent and avoid conditions that remedies and redress for their dispossession; internal factors. But in some situations, PACE violation; might lead to the displacement of presons6. Certain • ensure that previous occupancy and tenancy has adopted separate resolutions and recom • provide effective remedies to victims, includ- provisions of Principles relate to IDPs’ ownership rights with regard to public or social accom- mendations for individual countries in response to ing reparation, as described below.1 right and determine the following: modation or other analogous forms of home- the difficult situation in the region. For example, the In addition, these Principles define the victim of • no one shall be arbitrarily deprived of prop- ownership which existed in former communist relevant documents were adopted on the issue of gross violations of international humanitarian law. erty and possessions; systems are recognized and protected; IDPs in Armenia, Azerbaijan and Georgia, where it This term refers to persons who individually or col- • the property and possessions of internally • ensure that the absence from their accommo- was noted that there is the need to establish and lectively suffered harm, including physical or men- displaced persons shall in all circumstances dation of holders of occupancy and tenancy support domestic programs to provide victims 2 tal injury, emotional suffering, economic loss or be protected, in particular, against the pil- rights who have been forced to abandon their with housing and their full integration in their new substantial impairment of their fundamental rights, lage, direct or indiscriminate attacks or other homes shall be deemed justified until the con- places of residence with the possibility for them to through acts or omissions that constitute gross vio- acts of violence; being used to shield military ditions that allow for voluntary return in safety return to their place of residence on the occupied 3 lations of international human rights law, or serious operations or objectives; being made the ob- and dignity have been restored; territories safely . 2 violations of international humanitarian law . ject of reprisal; and being destroyed or ap • provide rapid, accessible and effective proce- In addition, the Committee of Ministers of the In accordance with the state’s obligations with propriated as a form of collective punishment; dures for claiming redress; Council of Europe, in its recommendation on IDPs, regard to victims, special attention is paid to infor • property and possessions left behind by inter- • secure the independence, impartiality, and emphasized that IDPs have the right to use their ming the general public of the rights and remedies nally displaced persons should be protected expertise of adjudicatory bodies, including property in accordance with human rights. In par- as well as available services to which victims may against destruction and arbitrary and illegal through appropriate rules on their compo- ticular, if they are deprived of their property in any 3 have a right of access. At the same time, a State 7 appropriation, occupation or use . sition that may provide for the inclusion of way during an armed conflict, they should be pro- should endeavour to establish national programmes 4 On January 28, 2010, PACE adopted “Solving international members; vided with adequate compensation . The Committee for reparation and other assistance to victims in the reminded States that it was their responsibility to property issues of refugees and internally dis- • compensation for non-pecuniary damage event that the parties liable for the harm suffered implement the principles of international law and to placed persons Resolution”. The adoption of this related to the circumstances in which dis are unable or unwilling to meet their obligations.4 guarantee respect for the human rights of victims. document was caused by the growing number of placement and dispossession occurred and In accordance with domestic law and international Regarding the situation in the East of Ukraine, refugees and IDPs as a result of armed conflicts and were perpetuated; law, and taking account of individual circumstances, PACE also drew attention to the housing problem the significant damage to their property. Among the • compensation for damage suffered as a result victims of gross violations of international human provisions of this Resolution, attention is drawn to: of displacement and lack of access to aban- rights law and serious violations of international 1 solving property issues of refugees and internally dis- • guarantee timely and effective redress for the doned properties, such as loss of income and humanitarian law should, as appropriate and pro- placed persons, General Assembly of Council of Eu- loss of access and rights to housing, land, and costs that would not have been incurred had rope, Resolution 1708 (2010), 28.01.2010 portional to the gravity of the violation and the cir- property abandoned by refugees and IDPs they not been forced to leave;
58 FEATURES OF PROPERTY RIGHT PROTECTION OF CIVILIANS DURING THE ARMED CONFLICT Protection of civilians in armed conflict (international standards) 59 of those affected by the armed conflict.T hus, in the control of the Ukrainian authorities” required both In its reports on the previous investigation of the situation by the Office of the Prosecutor of Resolution on the humanitarian needs and rights of parties to the armed conflict to conduct effective the situation in Ukraine, the Prosecutor’s Office of the International Criminal Court2. internally displaced persons in Europe, specifically investigations of all human rights violations com- the International Criminal Court noted on the likely Since the Office of the Prosecutor does not con- with regard to Ukraine, PACE drew attention to the mitted in all territories under their control and to commission of war crimes by the parties during the sider the possibility of committing crimes against fact that the governments of Ukraine and the Rus- provide for the possibility of victims to receive com- conduct of hostilities: “the Office analysed in -de humanity in the context of harming civilian property 4 sian Federation”...establish a Commission for the pensation . Unfortunately, both sides of the armed tail information relating to a number of particular and infrastructure, it is worth taking a closer look at the characteristics of war crimes. In its previous compensation or return of IDPs’ possessions and conflict in Eastern Ukraine continue to ignore the instances of shelling to determine whether in these property, in accordance with the jurisprudence of qualification, the Office of the Prosecutor draws recommendations and norms of international law, incidents any conduct may amount to the war crime the European Court of Human Rights under the Ar- attention to a number of war crimes that could po- not contributing to the resolution of the situation of directing intentional attacks on civilians under ticle 1 of the Protocol to the European Convention tentially take place in Eastern Ukraine. According and humanitarian problems of victims. the Article 8(2)(b)(i) or Article 8(2)(e)(i); intentional on Human Rights. In addition, both parties must to the Art. 8 the Rome Charter war crime is a grave attacks on civilian objects under article 8(2)(b)(ii); abstain from any action that will prolong or cause breach of the Geneva Conventions of 12 August intentionally launching attacks in the knowledge further internal displacement of persons and ag 1949, namely, any of the defined acts against per- gravate the humanitarian situation of IDPs, in viola- that they will cause disproportionate harm, under sons or property protected under the provisions of tion of international humanitarian law”1. 2.3. interference with civilian article 8(2)(b)(iv); or intentionally directing attacks the relevant Geneva Convention and other serious A number of PACE documents deal exclu- property through the lens against protected objects such as medical and edu- violations of the laws and customs applicable in sively with the consequences of the events in of the Rome Statute cational facilities, under the Article 8(2)(b)(ix) or Ar- international armed conflict, within the established Ukraine. In the “Resolution on the humanitarian ticle 8(2)(e)(iv).”1 framework of international law3. consequences of the war in Ukraine” it was noted The jurisdiction of the International Сriminal The potential qualification of these facts by the When reviewing the elements of crimes provided that Ukraine should ensure the right to adequate Сourt is limited to serious international crimes, Prosecutor’s Office allows to generalize the situa- for in the Rome Charter, special attention should be 5 housing and address housing issues of IDPs which include war crimes . This category of acts is tion to such elements: paid to the contextual elements that unite the entire through the adoption of appropriate legal regu- worth paying attention to in the context of dam- • the perpetrator committed an attack (in this category. Considering the rhetoric that exists with- lation2. The text of the “Resolution on the politi- age caused to immovable property in the East of context, it is referred to an actual armed attack in Ukraine and on the NGCA regarding the general qualification of the conflict, it should be understood cal consequences of the Russian aggression in Ukraine. Although Ukraine has not yet ratified the during hostilities, in particular with the use of that it has nothing to do with the work of the Inter- Ukraine” highlighted the importance of a ceasefire Rome Statute and has not become a full member weapons that are capable of causing incom- of the Assembly of Member States, the Court has national Criminal Court, as long as only facts are in accordance with the Minsk agreements between mensurable harm); the parties to the armed conflict in Eastern Ukraine3. jurisdiction to consider the situation in Ukraine ac- taken as a basis for consideration of the situation. • the object was the civilian population as “The Resolution on legal remedies for human rights cording to the statement of the Verkhovna Rada of Thus, the elements of war crimes include: a whole or individuals who did not participate violations on the Ukrainian territories outside the Ukraine as of February 4, 2015.6 • there is no requirement for a legal evalua- in hostilities; the object of the attack was civil- tion by the perpetrator as to the existence of ian objects, that is, objects which are not mili- 1 Humanitarian needs and rights of internally displaced 4 legal remedies for human rights violations on the armed conflict or its character as international persons in Europe, General Assembly of Council of Eu- Ukrainian territories outside the control of the Ukraini- tary objectives; protected objects — the per- or non-international rope, Resolution 2214 (2018) an authorities, General Assembly of Council of Europe, petrator intended such building or buildings • there is no requirement for awareness by the
60 FEATURES OF PROPERTY RIGHT PROTECTION OF CIVILIANS DURING THE ARMED CONFLICT Interference with civilian property through the lens of the Rome Statute 61 in the terms “took place in the context of and stances the acts of destruction concerned a house or was unable to prove that attacks against civilians as The practice of bringing perpetrators to justice was associated with”1. building and the Trial Chamber finds that in those in- measures of intimidation or of terrorism violating shows that evidence of commission of a crime is of Therefore, for the assessment and qualification stances the requirement was met on the basis of the the laws and customs of war. paramount importance in proving guilt. of the committed acts during the hostilities in the value of a house or building alone. The Trial Cham- In addition to the targeted destruction of civilian Combined with an overall assessment of the East of Ukraine of exceptional importance are objec- ber further finds that the total number of destroyed property and civilian objects during military opera- damage, even if facts are limited, they can provide tive facts that show the likely perpetrator of com- items was very high”4. When assessing the criterion tions, targeted attacks in combination with other an objective assessment of the situation and show mitted acts, and his awareness of the fact that there of military necessity “...the Trial Chamber has con- war crimes and crimes against humanity have also the scale of the attack. This realization is extremely is armed conflict in which he is involved. sidered the level of hostilities in the places where been considered a crime. Thus, the International Tri- important for Ukraine through the perspective of So far, the International Criminal Court has not destruction took place and that the objects were bunal for the former Yugoslavia addressed the situ- the results of the consideration of the situation by dealt with charges of wilful attacks on civilians and civilian”5. The Trial Chamber also noted that civilian ation of the attack by the Croatian military police on both international courts and the investigation at civilian objects in the context of causing destruc- targets that were hit, were located at a distance of April 16, 1993, in the Muslim village Ahmisi. The Tri- the national level. tion. During the investigation of the situation in 200–300 m from military facilities, therefore it can- bunal stated that the purpose of the attack was to It is worth remembering that the ICC, when con- Sudan, the Court issued warrants for the arrest of not be considered as a military inaccuracy6. destroy as many Muslim houses as possible, to kill sidering the situation in Ukraine, will not focus on several persons, whom among other charges, were Theft of public and private property was also all the men of military age, and thereby prompt all all the alleged facts of war crimes, its main task is also given charges of commission of an offense un- considered by the Trial Chamber as commission of the others to leave the village and move elsewhere. to investigate perpetrators who are at the top of the 2 der the Article 8 (2) (e) (i) of the Rome Statute . a crime: “...the Trial Chamber considered in particu- The burning of the Muslim houses and the killing hierarchy and are responsible for planning and or- But other international tribunals have already lar evidence from witnesses who either observed the of the livestock were clearly intended to deprive the ganizing criminal acts. The bulk of the work, in any dealt with these acts in their investigations, taking incidents, or otherwise could provide information people living there of their most precious assets.1 case, will remain for the national law enforcement into account the provisions of their own statutes. about the circumstances surrounding these acts, as and judicial system. The practice of the International Tribunal for the for- well as documentary evidence. The Trial Chamber 1 Prosecutor v. Zoran Kupre, Mirjan Kupre, Vlatko Kupre, mer Yugoslavia is the most appropriate. In Prosecu- considered in particular that in some instances acts Drago Josipov, Dragan Papi, Vladimir Anti/ ICTY, judge-
62 FEATURES OF PROPERTY RIGHT PROTECTION OF CIVILIANS DURING THE ARMED CONFLICT Interference with civilian property through the lens of the Rome Statute 63 of events in the East of Ukraine and are considered of Ukraine is envisaged by the Criminal Procedural by the national courts. Code of Ukraine as well as the procedure for civil protection of property rights In fact, from April 13, 2014,1 to April 30, 20182, proceedings to a suspect, accused persons or phys- ІІІ ATO was carried out in the East of Ukraine, during ical or legal person which by law shall bear civil li- of persons affected this period of time, relevant anti-terrorism legisla- ability for damages caused by the acts of the sus- tion was active. According to the Article 19 of the pect or accused, or incapacitated person who has by the armed conflict in Ukraine Law of Ukraine “On the fight against terrorism”, committed a socially dangerous act6. compensation for harm caused to citizens by a ter- In general, this method is actively used by vic- rorist act is carried out at the expense of the State tims who go to a court in an attempt to protect and budget of Ukraine in accordance with the law and restore their rights. The judicial procedure and ef- 3.1. Procedures within results. If there was a fire, the State Service of with the subsequent recovery of the amount of this fectiveness of the mechanism will be further ana- compensation from persons who caused harm, in the national legislation Ukraine for emergency situations carries out an in- lyzed in this section of the study. spection of the scene and documents the case in the manner prescribed by law. Compensation for As a second mechanism, Ukrainian society of Ukraine the established template3. But the complexity of damage caused to an organization, enterprise or in- discusses the possibility of applying the relevant the work on the inspection of buildings has some stitution by a terrorist act shall be carried out in the norms of national legislation that regulate behav- The UN Monitoring Mission in Ukraine constantly 3 complexities: manner prescribed by law . monitors the situation with victims of the fighting in ior in the event of an emergency. Accordingly to • first, at the level of national legislation, there The norms are closely linked and make reference its definition events in the East of Ukraine may fall Eastern Ukraine, the results of which are recorded in is no unified form of the certificate which has to the relevant provisions of the criminal law — in- under the relevant national norms — emergency is their periodic reports. In particular, it is noted that to be compiled as a result of object investiga- dividuals guilty of terrorist activities are prosecuted a situation within a scope of a specific territory, as of 15 February 2019, there are over 50,000 civil 4 tion carried out by the Commission. As a result, in the manner prescribed by law . From the point business entity facilities, or a water body, charac- ian homes on both sides of the contact line which of view of the analysis of the mechanism, this con- each Commission, each government authority terized by disruption of the normal human living were damaged during the hostilities and homes of nection is of great importance, because according has its own form, which may lack important environment, resulting from a catastrophe, acci- some 40,000 families, living on both sides of the to the Art. 1177 of the Civil Code of Ukraine: harm points and factual data; dent, fire, natural disaster, epidemic, epizootic or contact line, are reportedly in urgent need of repairs caused to an individual who suffered from a criminal • second, the Commission physically is unable epiphytotic outbreak, the use of means of destruc- to protect inhabitants from low winter tempera- offense is compensated in accordance with the law; to investigate objects which are located along tion or another dangerous event, which has led tures. Civilians face multiple obstacles in accessing the harm caused to a victim as a result of a criminal the contact line and in places which represent (may lead) to a threat to the public life or health, compensation for the military use of their houses, offense shall be compensated to him/her at the ex- a potential danger to members of the Com- a large number of casualties or injuries, or make land and other property in government-controlled pense of the State budget of Ukraine in cases and in mission, therefore residents of a number of such territory or facility unsuitable for human living territory.1 the manner prescribed by law5. settlements cannot receive any documents or business activity7. For buildings located on the GCA, the mecha- The possibility of obtainment of an appropriate confirming the fact of damage or destruction According to the national legislation, the pro- nisms of inspection of damaged property are avail- compensation at the expense of the State budget of their property for a long time; vision of housing for victims whose housing has able. Appropriate Committees2 are being created • third, the buildings located on the NGCA are 1 become unsuitable for living as a result of an under the governance of local authorities, these not inspected. In some settlements, houses On the decision of the National Security and Defense Council of Ukraine as of April 13, 2014 “On the Urgent emergency situation is carried out by local state Committees carry out inspection of buildings and are inspected by the self-proclaimed repub- Measures to Overcome the Terrorist Threat and Preserve administrations, local self-government bodies and make the appropriate act based on investigation lics, whereas the Ukrainian authorities have the Territorial Integrity of Ukraine” Resolution of the President of Ukraine as of April 14, 2014 No. 405/2014 economic entities by: provision of premises from no access to these objects.
64 PROTECTION OF PROPERTY RIGHTS OF PERSONS AFFECTED BY THE ARMED CONFLICT IN UKRAINE Procedures within the national legislation of Ukraine 65 for victims; purchase of apartments or houses1. sion of the Russian Federation rests with the Rus- provides for a statute of limitations running three homes due to the outbreak of hostilities have However, for the implementation of this norm, it sian Federation in accordance with the principles years1. This period begins the day after the event no information about the condition of their is important to make a clarification — provision of and norms of international law...”” and when not- that is relevant to the violated right took place2. housing. Therefore, in this case, it is neces- housing to the victim or payment of monetary com- ing on the need to prepare a consolidated claim for Its period begins from the day when the person sary to clearly mark the day when the victim pensation by the state is subject to the voluntary damages5. learned or could have learned about the violation of learned about the damage from neighbors, transfer of victims’ destroyed or damaged as a re- his right or about the person who violated his right3 relatives, friends, media and other sources. sult of emergency property to local state adminis- . That is, in practice, if general rules can be applied This moment must be captured and indicated trations or local self-government bodies, economic to the facts of property damage, the statute of limi- when applying to the court: 2 tation can be counted from: entities . That is, before raising the question of 3.2. Judicial procedure “...In May 2017, INDIVIDUAL_2 appealed to the obtaining compensation in any form through such • the day when the property was destroyed or court against the state of Ukraine represented by and its effectiveness a mechanism, a victim must relinquish ownership damaged. If you look at the record of court de- the Cabinet of Ministers of Ukraine, the State Trea- cisions, plaintiffs appealed to the court within of the damaged or destroyed object in favor of the Basic Principles and Guidelines on the Right to sury Service of Ukraine for compensation for dam- the statute of limitations, which began from state or territorial community. a Remedy and Reparation for Victims of Gross Vio- age caused as a result of the anti-terrorist opera- the date of actual damage caused to property. It is also important to note that in addressing the lations of International Human Rights Law estab- tion. She justified her demands by the fact that she For example: issue of compensation for damaged housing, the lish that “...States shall, with respect to claims by is the owner of a garden house. In March 2017, “...In August 2017, INDIVIDUAL_1 appealed to the calculation of the amount is determined by the indi- victims, enforce domestic judgments for reparation she learned that the garden house was completely court with the specified claim, in support of which cators of the indirect cost of housing construction in against individuals or entities liable for the harm burned down due to the mass shelling of the vil- he referred to the fact that he owned a house, lo- the regions of Ukraine in accordance with the loca- suffered and endeavor to enforce valid foreign le- lage on March 15, 2017. According to the note from 3 cated at the address: ADDRESS_1. He lived in this tion of such property , which is being established gal judgments for reparation in accordance with the Gardening Association “the Assembler-2 in 4 house permanently with his family. On December on a yearly basis . Despite the fact that houses in- domestic law and international legal obligations. Shakhtospetsmontazhna Administration of the 08, 2014, as a result of a terrorist attack during the clude decoration and things necessary for living, To that end, States should provide under their do- trest ‘Donetskvugillyabud’”, the garden house was anti-terrorist operation, the house was completely the cost of the latter is not taken into account. mestic laws effective mechanisms for the enforce- burned completely as a result of a direct hit by a shell. destroyed. The cause of the destruction was hit by The main drawback of these national legislation ment of reparation judgements”6. Despite the fact Fire departments did not participate in fire fighting an artillery shell during the conduction of the anti- 6 provisions is that they do not take into account the that there are no special procedures in the Ukrai- due to the intense shelling of the village...” ; terrorist operation...”4 fact of armed conflict that takes place on the territory nian legislation that relate specifically to property • or the day when a victim learned about the At the same time, in justification of their claim of Ukraine, and the peculiarities of the protection damage caused during the armed conflict, the na- perpetrator of the committed damage — in the plaintiffs also specified that at the time of the de- of civilians from the point of view of international tional judicial procedure has cases that arise from context of hostilities in the East of Ukraine, struction they lived in the house permanently: law. Issues of damaged and destroyed property are the mechanisms described in the previous section: this possibility can be interpreted as the es- “...When describing the motivation of the claim, reduced to the issue of compensation, without solv- “...Any other procedure for determining the amount tablishment of the perpetrator in criminal pro- he specified that he is the owner of the specified ing the problem of lack of accounting and the need of compensation for the damaged apartment, as ceedings. apartment in which as of June 15, 2016, he per- to determine the scope of damages. However, the a result of an emergency such as a terrorist act, is Plaintiffs use the provisions of the anti-terror- manently lived with his wife. On June 15, 2016, as Law of Ukraine On the peculiarities of State policy currently absent...”7. ist legislation as grounds for filing an application a result of a terrorist attack during the anti-terrorist on ensuring Ukraine’s State sovereignty over tem- To begin with, attention should be paid to the for compensation for damage caused to property. operation, the house belonging to the plaintiff was porarily occupied territories in Donetsk and Lu- definition of the general rules of a statute of limita- It should be noted that the duration of the ATO in destroyed...”5; hansk oblasts indirectly emphasizes in its provision tions in such appeals. The general rule in civil law some areas of Donetsk and Luhansk oblasts has • the day when a person learned, or could po- that “liability for material or non-material damage a vrey clear timeline: it began on April 13, 2014, tentially learn, that his property had been caused to Ukraine as a result of the armed aggres- 5 about features of the state policy on ensuring the state and was completed on April 30, 20187. This means damaged. Most people after leaving their sovereignty of Ukraine on temporarily occupied ter- that victims can use the above — analyzed provi- ritories in Donetsk and Luhansk oblasts: the Law of 1 ibid (Art. 86). Ukraine as of January 18, 2018 sions of the Law of Ukraine “On the fight against 1 article 257, Civil Code of Ukraine as of January 16, 2003 2 ibid (Art. 86).
66 PROTECTION OF PROPERTY RIGHTS OF PERSONS AFFECTED BY THE ARMED CONFLICT IN UKRAINE Judicial procedure and its effectiveness 67 terrorism” as a basis for court appeal only within Ukraine, there is no need in a court sentence that “...At the same time, to confirm the scope of the rect, since neither the plaintiffs themselves, nor the this period, when ATO was indeed taking place on came into force, made in violation of the rules of damage caused by the destruction of the house, it is state bodies involved in court cases, nor, in fact, the these territories. substantive and procedural law... Considering that necessary to submit a act of inspection of the dam- court have access to the array of data on the com- The statement of claim is filed against. “...The state the claimant did not prove in court the fact of de- aged (destroyed) property of the plaintiff caused by mission of an act referred to in the proceedings, of Ukraine represented by the Cabinet of Ministers of struction of her house, outbuildings and household the ant-iterrorist operation, which must be made which actually prove the fact of the commission of Ukraine, the State Treasury Service of Ukraine...1”. structures as a result of the terrorist act, satisfaction pursuant to the Resolution of the Cabinet of Minis- the crime and the scope of actual damages caused. SSU, the Ministry of Defense of Ukraine and other of her claim is refused...”3; ters of Ukraine as of October 16, 2014 No. 1002-R and In addition, the subject matter of the dispute and law enforcement agencies may be involved as defen- • the need to apply the provisions of the Civil orders of the Chairman of Oblast State Administra- the proceedings are directly affected by the char- dants to the case. Protection Code relating to the voluntary tion, because, in accordance with the Article 4 and acterization of the events in the East of Ukraine When looking at this category of cases, it is worth transfer of property before applying for com- part IV of the Article 5 of the Law of Ukraine “On the which is being conducted by national laws, and noting that: pensation remains an open question. fight against terrorism”, the Central Executive bod- the qualification of acts as terrorist acts, instead of • in the statement of claim, the main reference The decision of the Supreme Court as part of the ies, providing forming and implementation of the war crimes, limiting the use of international legal is made to the fact that a terrorist act was com- panel of judges of the first judicial Chamber of the state policy in the field of civil protection, which are guarantees for civilian victims. mitted, which is the subject of an investiga- Civil Court of Cassation of July 11, 2018 concluded entities directly engaged in combating terrorism, tion, by the relevant law enforcement agency. that, “...in making a claim to the state for payment their subordinate bodies of administration of affairs Given this, the fact and circumstances of its of compensation for property destroyed during the of civil defence and specialized formations, troops commission the are subject to proof in crimi- anti-terrorist operation, the owner of this property of civil defence take measures for the protection of nal proceedings2. Therefore, it is quite logical initially, that is, before a court decision, has to vol- population and territories in case of threat and oc- 3.3. The national investigation untarily transfer the house or property damaged or that the court in the course of consideration currence of emergencies connected with technologi- The practice of national pre-trial investigations destroyed as a result of a terrorist act to local state of the case requires the plaintiff to provide cal terrorist displays and other types of terrorist ac- on the facts of damage and destruction of prop- administrations or local self-government bodies...”4. evidence relevant to the criminal proceedings tivities; participate in the activities of minimization erty of the civilian population shows that criminal or related to it. In fact, the scope of consider- The Supreme Court reached the same conclusion in and elimination of consequences of such situations proceedings are registered with legal qualification- ation of the case in the court of general juris- other cases5. Instead, the Grand Chamber of the Su- during the conduct of anti-terrorist operations...”.1. the commission of a terrorist act. According to the diction is mixed with the work of law enforce- preme Court is now considering a case that raises In general, the trial is quite long and does not al- Article 1 of the Law of Ukraine “On the fight against ment agencies when dealing with such cases. the question of a unified application of these provi- ways guarantee the satisfaction of the claims of the terrorism” a terrorist act is a crime in the form of For example: sions6; victim. Therefore, if the Сourt of the First instance weapons, committing an explosion, arson or other “...According to the Act of inspection of the • the price of the claim, which is indicated when refuses to satisfy the claim, it is necessary to appeal actions for which under the Article 258 of the Crimi- house No. 2 as of November 11, 2015, the house of filing the claim, is calculated not at the actual the decision to the Сourt of Appeal and the Supreme nal Code of Ukraine responsibility is established3. the claimant was destroyed as a result of a hit by cost of the damaged property, but according Court. If the procedure is followed, the victim may This article specifies the list of acts constituting the artillery weapon during the military operation to the indicators of the indirect cost of hous- receive a final decision in his favor, but the judicial the objective side of this act, including: which is being conducted in the framework of the ing construction in a certain region, in accor- procedure is not permanent. It is also worth noting • use of weapons, anti-terrorist operation. In the statement of claim, dance with the provisions of the Code of Civil that the receipt of a positive decision2 on the pay- • commission of blast, the plaintiff raises the question of compensation Protection of the population. Thus, in judicial ment of monetary compensation in favor of the vic- • commission of arson, for damage caused as a result of a terrorist act. practice it is noted that: tim does not guarantee the implementation of such • commission of other acts that create a danger However, no proper evidence of the existence of payment. In Ukraine, cases of such payments are to human life or health or cause significant pro a sentence in the criminal case, which entered into 3 Ruling of the Donetsk oblast Appeal Court as of June 8, unknown. Therefore, such judicial practice does not 2017 perty damage or other serious consequences; force, the plaintiff did not provide. The conclusion prove its effectiveness. In addition, decisions are
68 PROTECTION OF PROPERTY RIGHTS OF PERSONS AFFECTED BY THE ARMED CONFLICT IN UKRAINE The national investigation 69 or influence on decision-making or commission or proper qualification.T hat is why among the deci- at the legislative level does not mean that law en- a court is carried out by bodies of GPU, according to omission of actions by public authorities or local sions of the courts there are such arguments: forcement agencies should use it in the process of rules of territorial jurisdiction.2 governments, officials of these bodies, associations “The fact that the” Donetsk People’s Republic investigation without the appropriate communica- Also, it is worth paying attention to the fact that of citizens, legal entities, or drawing public atten- “is a terrorist organization is not a well-known, and tion and use of related evidence. in the GPU was created a Department on inves- tion to certain political, religious or other views of legally it is not recognized as a terrorist organiza- As an alternative to the above legal qualification, tigatation of crimes committed at TOT. The main 1 a perpetrator (terrorist) . tion, and therefore the terrorist nature of this orga- it is worth looking at the crimes provided for in the focus of the Department is “ fixing the facts of the A number of criminal offences linked to terrorist nization requires proof. But the indictment does not Article 437 of the Criminal Code of Ukraine, which armed aggression of the Russian Federation, pri- specify where, when and what terrorist acts were activities, envisaged in other articles of the Crimi- establishes responsibility for the conduction of ag- marily the shelling of settlements and other civilian nal Code of Ukraine, among which: involvement in carried out or planned by this organization, nor the infrastructure on the territory of Donetsk and Lu- gressive war, and the Art. 438 of the Criminal Code the commission of a terrorist act (Art. 258-1); pub- composition of its participants, that is, there was no hansk oblasts.” Acts are qualified based on charac of Ukraine, which criminalizes violations of laws lic calls to commit a terrorist act (Article 258-2); speicific investigation of facts on the basis of which teristics mentioned in part 1, 2 of the Art. 438, p. 2 and customs of warfare1. In particular, the objective creation of terrorist group or terrorist organization it is possible to draw a conclusion about the terrorist of the Art. 437, parts 2, 3 of the Art. 258 of the side of the Art. 438 notes: “...the use of means of (Article 258-3); facilitation of a commission of a ter- orientation of this organization...”4. Criminal Code of Ukraine. In addition, within the warfare prohibited by international law, other viola- rorist act (Article 258-4); financing of a terrorism In this context, it is also important to pay at- framework of open criminal proceedings, construc- tions of the laws and customs of war provided for (Article 258-5)2. Additional qualification under these tention to the provisions and norms of the current tion and technical expertise are carried out, which by international treaties, the consent to be bound by Articles can be carried out by the investigator both, legislation. Currently, the most complete legal per- allows to identify the scope of damages caused. at the registration of criminal proceedings, and in ception of representatives of the self-proclaimed the Verkhovna Rada of Ukraine, as well as the order For example, as a result of the shelling of Popasna the course of its conduction. republics in the Ukrainian legal field is revealed in to commit such actions...”, which is consistent with and Popasna district of the Luhansk oblast for the At the same time, it should be noted that these the provisions of the Law of Ukraine On the pecu- the position of the Prosecutor’s Office of the Inter- period from January 27, 2015, and August 31, 2015, crimes in their essence do not take into account liarities of State policy on ensuring Ukraine’s State national Criminal Court to consider the situation in the total amount of losses is UAH 1 932 341; total the context of the existence of the armed conflict in sovereignty over temporarily occupied territories the East of Ukraine. Moreover, the application of amount of damages caused by attacks of Shastya Eastern Ukraine. According to the logic of this legal in Donetsk and Luhansk oblasts. The document these articles would be more appropriate in terms city of Novoaydarsk district of Luhansk oblast which qualification, the self-proclaimed “DPR” and “LPR” makes this distinction: “...armed forces of the Rus- of the existence of armed conflict. took place on February 13, 2015, and 30–31 August and their armed groups are perceived as operating sian Federation, consisting of regular troops and The practice of international law does not deny 2015 is UAH 116 433.3 terrorist organizations and at the level of judicial units subordinate to the Ministry of Defence of the the possibility of the existence of terrorist activities According to the information received from the decisions, this fact is considered as a well-known. Russian Federation, divisions and special forma- during armed conflict, but it is important to remem- Main Departments of the National Police of Ukraine For example, such arguments were cited in court de- tions subordinate to other law enforcement agen- ber that every such fact must be properly proven. in Donetsk and Luhansk oblasts, when territorial cisions in 2014–2015: cies of the Russian Federation, their advisors, At the same time, it is categorically unacceptable offices receive notifications on criminal offenses instructors and irregular illegal armed groups, “...Knowingly for INDIVIDUAL_3, the terrorist that various law enforcement agencies allow such commited on the territory of self-proclaimed repub- armed gangs and mercenary groups created, sub- lics, which are being pre-qualified under the Article organization “DPR” is stable, has a clear hierarchy acts to be classified as terrorist crimes and as inter- ordinated, managed and financed by the Russian 258 of the Criminal Code of Ukraine, these notifica- and structure, which consists of so-called “political” national crimes. Federation, as well as with the assistance of occu- tions are being “logged to the unified register of ap and the “power” units, as well as the distribution According to the Art. 216 of the Criminal Proce- of functions between its participants, who are en- pational administration of the Russian Federation, plications and notifications on committed criminal dure Code of Ukraine investigators of security bod- trusted with relevant responsibilities under the joint which constitute its State organs and structures, offenses and other events, and a decision is made ies carry out a pre-judicial investigation of crimes plan of criminal acts...”3. functionally responsible for the management of about entering data to the Unified register of pre- provided by Articles 258–258-5, 437, 438 of the 4 In the future, when considering various crimi- the temporarily occupied territories of Ukraine, and trial investigations” . As it is noted in the informa- Criminal Code of Ukraine. In addition, according to nal cases that relate to the events in the East, self-proclaimed bodies controlled by the Russian tion received from the Main Department of National the peculiarities of the definition of investigative little attention was paid to the proof that the self- Federation, which usurped the exercise of power Police in Donetsk oblast, additional qualification of jurisdiction, units of the Chief Military Prosecutor’s proclaimed republics “DPR” and “LPR” are terrorist functions on the temporarily occupied territories of acts is carried out by them according to the Art. 194 5 organizations, which negatively affects the effec- Ukraine... ”. Yet, the fact that this position is fixed Office are also involved in criminal proceedings of 2 tiveness of the investigation and bringing it to the these facts. And procedural supervision of the ob- Criminal Procedural Code of Ukraine as of December 19, 4 Ruling of the Artemivsk city court of the Donetsk oblast servance of laws during a pre-judicial investigation 2012 on December 15, 2017
70 PROTECTION OF PROPERTY RIGHTS OF PERSONS AFFECTED BY THE ARMED CONFLICT IN UKRAINE The national investigation 71 of the Criminal Code of Ukraine1 (intentional de- proceedings launched in 2019, that are currently in • impossibility of carrying out an investigation tion. We assume that the data was not provided to struction or damage of property)2. production of investigators of divisions of the Main (search) and procedural actions on the NGCA the organization. It is worth paying attention to an important point Department of National Police in the Luhansk oblast of Donetsk1; Despite the objective difficulty of the investiga- that a large number of victims turn to law enforce- on the facts of the destruction of buildings of civil- • a threat to life and health of members of the tion, potential threat to life and health of investiga- ment agencies, reporting only the fact of damage or ians6. According to the Main Directorate of the Na- investigation group because of the proxi tors and experts when working along the contact destruction of their property, without filing a state- tional police in the Donetsk oblast, from April 13, mity to the firing positions of illegal armed line and the inability to obtain access to the ter ment about a commission of a crime. Therefore, 2014 and until now, territorial investigation depart- groups, the possibility of a bombardment of ritories controlled by the self-proclaimed republics, such reports can be considered in the order of con- ments of the Police in the Donetsk oblast began the the scene2; yet Ukrainian law enforcement agencies embrace sideration of citizens’ appeal3, in respect of which pre-trial investigation of 1610 proceedings on the • a complication in carrying out of prime investi- in their work the facts of damage of a significant there is a 30-day period for the provision of a re- facts of damage and destruction of buildings, struc- gative actions (inspection of the crime scene, number of objects that are located on the GCA. It is sponse. But, in accordance with the requirements tures and other property of the civilian population seizure of material evidence, identification worth noting the efforts of law enforcement agen- 3 of the Art. 214 of the Criminal Procedural Code of as a result of attacks by armed opposition groups7. and interrogation of victims, witnesses, etc) ; cies in documenting the facts and evidence of acts Ukraine the investigator/prosecutor immediately, 818 criminal proceedings were transferred to an- • the procedure for appointment of relevant committed, as well as determination of the amount 4 but not later than 24 hours after the submission other investigative jurisdiction. Also, the Adminis- examinations ; of damage caused. Unfortunately, we cannot draw of appeal, reports about the committed criminal tration in Donetsk oblast made the decision on ter- • the need to involve representatives of the a conclusion about the direct work of the main offense, or after he himself found out about the mination of 118 criminal proceedings entered in the International Committee of the Red Cross and Department of the SSU in Donetsk and Luhansk 5 offense from any source that may indicate the com- register under the Art. 194 of the Criminal Code of OSCE . oblasts, since the response to the request sent to In the information received from law enforce- mission of a criminal offense, the investigator/ Ukraine8. them has not been received. But we hope for coor- ment agencies in response to the requests sent, prosecutor is obliged to enter the relevant informa- The complexity of investigations in some cases dinated work between all law enforcement agencies there is no data regarding the investigation of the tion to the Unified register of pre-judicial investiga- is due to the lack of access to the crime scene. This in the investigation of these acts. However, for the facts of causing material damage to the civilian tions, to conduct the investigation and in 24 hours issue is especially relevant to the cases that occur generalization of work practice of law enforcement population on the Ukrainian side. Criminal proceed- from the moment of entering of such information on the NGCA. Concerning other locations- investiga- agencies, it is necessary to make some remarks: ings, which were mentioned in the responses to re- to provide the applicant with an extract from the tive task force goes to the crime scene9. It is noted • the legal characterization of the acts com- 4 quests for public information, the focus is only on Unified register of pre-judicial investigations . Prac- that “ in order to properly document and record the mitted is ambiguous. The facts are viewed the consequences caused by the actions of the IAG. tice proves that during the sumbission of a crime consequences of shelling by illegal armed groups, simultaneously through the prism of a ter- It is obvious that due to the use of artillery weapons appeal, investigators enter the data from an appeal investigators at the primary stage of the investi- rorist act and as war crimes, without properly during hostilities, negative consequences to the without a delay. gation conduct inspections of the scene if there is substantiating the nature of the guilty party, property can be caused by both sides of the armed In accordance with the rules of jurisdiction, cas- a real possibility of their conduct without putting either a terrorist organization or a combatant. conflict. Ukraine is obliged to investigate criminal es that qualify under the Article 258 of the Criminal anyone in danger. During the inspection, where It is worth recalling the norms of international offenses committed on its territory and towards its Code of Ukraine are transferred to the Directorat- possible, photo and video recording devices are humanitarian law and the general regulation citizens, about which it, as the State, became aware General of the SSU in Donetsk and Luhansk oblast. of the conduct of hostilities; used. In order to obtain assistance on matters re- of or relevant appeal was received. Therefore, it The decision on the transfer of criminal proceed- quiring additional knowledge, investigators engage • the quality and completeness of the evidence ings initiated by the territorial offices of the Na- is hardly possible to say that these facts have not to the investigation, other relevant specialists”10. remain to be questioned. Through a large tional Police of Ukraine shall be taken by relevant been reported to law enforcement agencies or law Among the main problems that arise during the number of repeated hits to the same objects prosecutors5. For example, there are two criminal enforcement agencies do not have such informa- investigation of criminal offenses, law enforcement and lack of access to individual crime scenes, there is a threat of a loss of evidence; agencies note the following: 1 letter from the Chief Directorate of the National Police 1 Criminal Code of Ukraine of April 5, 2001 of Ukraine in Donetsk oblast from April 17, 2019. • for an effective work of law enforcement agen-
72 PROTECTION OF PROPERTY RIGHTS OF PERSONS AFFECTED BY THE ARMED CONFLICT IN UKRAINE The national investigation 73 ly populated areas of settlements. Most of these the first inter-State claim of Ukraine against Rus- facts were in 2014–2015. Additionally, respondents sia regarding the situation in the East (complaint named the presence of illegal armed groups as an- No. 8019/16) will be made, because in this particu- Conclusions and recommendations other reason for attacks of the NGCA. lar case the decision on the division of responsibil- On both sides of the armed conflict, there ity between States for the events taking place from have been cases of combatants using the civilian April 2014 will be outlined. The available time and property for military purposes: soldiers residing consideration of individual cases should be used fter analyzing the chronology of the armed On the GCA, the restoration of private prop- in civilian homes, deployment of military fortifi- by the applicants and their representatives to col- conflict in the East of Ukraine, it is possible to erty takes place mainly with the help of inter A cations, placement of military equipment on the lect and present to the ECHR all possible and avail- conclude that the greatest harm to real property national humanitarian organizations, charitable territory of private households. This situation is able evidence of violations. of civilians was inflicted during heavy fighting and aid, and citizens themselves. In some settle- typical for residential facilities located close to The practice of bringing perpetrators to justice active use by parties to the conflict of heavy weap- ments, aid for the restoration of private housing the contact line. shows that evidence of commission of a crime is of ons, which are marked by non-selectivity and has was provided from the regional material reserve In addition to damage or destruction of immov- paramount importance in proving guilt. Combined a wide area of destruction. With the decrease in the of Donetsk oblast. able property as a result of shelling, on both sides with an overall assessment of the damage, even if intensity of hostilities, residential facilities were According to the information from open of the armed conflict, there were cases of looting of facts are limited, they can provide an objective as- destroyed in settlements located in close proximity sources, it can be concluded that on the NGCA, houses, the owners of which left the settlements for sessment of the situation and show the scale of the to the contact line and close to military positions of the bulk of the restoration work is carried out with a period of heavy shelling. In most cases, robbery attack. This realization is extremely important for the parties to the conflict. the help of the Russian Federation. International perpetrators were not found and/or punished. Ukraine through the perspective of the results of Considering the official sources, it can be con- organizations also provide aid for the restoration All these facts had a negative effect on the civil- the consideration of the situation by both interna- cluded that on the NGCA, the number of damaged of property. ian population. tional courts and the investigation at the national residential properties is far more than on the GCA. It is obvious that the destruction of residential Thus, according to the data obtained, it can be level. It is worth remembering that the ICC, when The UN Monitoring Mission on Human Rights in facilities is due to the shelling from both, the Ukrai- concluded that during the long-term armed conflict considering the situation in Ukraine, will not focus nian military and representatives of the so-called Ukraine as of February 15, 2015 provides data on in Eastern Ukraine, the parties paid insufficient -at on all the alleged facts of war crimes, its main task “LPR” and “DPR”. damage being caused to more than 50 thousand tention to the protection of civilians within the in- is to investigate perpetrators who are at the top of The survey conducted by NGO “Donbass SOS” civilian homes on both sides of the contact line, ternational humanitarian law and international hu- the hierarchy and are responsible for planning and showed that most of the damage caused to immov- and according to the information provided by the man rights law. organizing criminal acts. The bulk of the work, in able property was in 2014–2015. Donetsk and Luhansk OSA, as of February 2019, In Ukraine, there is still no comprehensive state any case, will remain for the national law enforce- Most of survey respondents, whose immovable on the GCA, the number of damaged houses of all strategy for the protection of civilians whose homes ment and judicial system. property was destroyed on the GCA and the NGCA, have suffered as a result of hostilities, which will forms of ownership is 20 354 objects. Some of the Judicial procedure in cases of compensation for pointed that block posts, military positions and include an assessment of the damage caused, the damage caused to the immovable property of the damaged houses have not yet been inspected, and military equipment were located near the dam- creation of an assessment of damaged/destroyed civilian population proves that this mechanism is therefore are not being counted. aged housing. At the same time, there are cases property, addressing of compensation or restitution ineffective in practice. Due to the long duration of In addition to residential buildings, many private of destruction or damage of residential facilities issues. cases and the imperfection of national legislation, households had damaged or destroyed outbuild- that are distant from military facilities and there For its part, Ukraine considers the events on its the procedure is difficult to consider as an effective ings: garages, summer kitchens, sheds, toilets, etc. were no reasons that could potentially provoke the territory as an armed conflict, but such a national way of restoration of victims’ rights. Homesteads and land pots were also damaged. Part shelling. decision does not mean that the position is also In the practice of national law enforcement of the population for a long time was unable to, and Analysis of the survey results suggests that supported at the international level, cases on this agencies in situations of damage to civilian prop- some are still unable to use their land. most of the destruction of residential facilities on issue still have to be resolved by the competent erty during armed conflict, the analysis also raised Reconstruction of residential buildings in areas both sides of the contact line occurred because courts. several observations: the legal characterization of located on the NGCA is being conducted at a faster of battles for control of the city or a specific ob- More than 4,000 individual complaints have the acts committed is ambiguous. The facts are pace. As of February 2019, 11,513 houses were re- ject. Respondents also frequently noted that at- now been filed to the ECHR regarding violations viewed simultaneously through the prism of a ter- stored on the GCA of Donetsk and Luhansk oblasts, tacks, which have damaged their property, were committed during the armed conflict in Ukraine rorist act and as war crimes, without properly sub- while in January 2019, representatives of the de- preceded by the attacks that occurred within their (both in Crimea and in the East). A large part of stantiating the nature of the guilty party, either facto authorities of the so-called “DPR” reported settlement. these cases relates to the damage and destruction a terrorist organization or a combatant. It is worth about 9942 restored houses, and the so-called Persons whose housing suffered on the NGCA, of the civilian property during hostilities. According recalling the norms of international humanitarian “LPR”, in June 2018, reported about the restoration also specified that attacks on the settlement were to the last press-release by the Court, decisions in law and the general regulation of the conduct of of 5618 houses. carried out by representatives of IAG from dense- these cases can be expected after the decision in hostilities; the quality and completeness of the
74 CONCLUSIONS AND RECOMMENDATIONS CONCLUSIONS AND RECOMMENDATIONS 75 evidence remain to be questioned. Through a large On July 10, 2019, the Cabinet of Ministers of number of repeated hits to the same objects and Ukraine amended the Procedure for provision and lack of access to individual crime scenes, there determination of the amount of financial aid to is a threat of a loss of evidence; for an effective victims of emergencies who remained at their pre- Recommendations work of law enforcement agencies it is necessary vious place of residence, which will allow some of to attract additional human resources for investi- the victims to receive compensation for destroyed gation and evidence gathering on the ground, in property as a result of the armed conflict in Ukraine. 1. to approve regulations and create the register of the damaged and destroyed addition — conduction of extra training for law The adoption of this Resolution is an important property as a result of the armed conflict in separate areas of Donetsk and Lu- enforcement agencies in the field of international first step towards the restoration of the rights of hansk oblasts to which documentary confirmations of the received damages will be humanitarian law and methods of investigation of the affected population, whose property has been added. international crimes. destroyed. 2. to approve the procedure for the inspection of damaged and destroyed property as a result of the armed conflict in certain areas of Donetsk and Luhansk oblasts, which will include a mechanism for documentation of the degree of damage caused to the object and assessment of the damage caused. 3. to provide control over the efficiency of the implementation of criminal proceed- ings on the facts of damage and destruction of property as a result of the armed conflict in separate areas of Donetsk and Luhansk oblasts. 4. To ensure an effective investigation into the facts of damage and destruction of property as a result of the armed conflict in certain areas of Donetsk and Lu- hansk oblasts, committed on the territory of Ukraine and against citizens of Ukraine by both parties to the armed conflict. 5. to provide training for law enforcement officers in the field of international human itarian law and methods of investigation of international crimes, in accordance with the requirements of the international criminal law. 6. To introduce at the state level mechanisms of compensation and restitution to persons who suffered from damage and destruction of property as a result of the armed conflict in certain areas of Donetsk and Luhansk oblasts.
76 CONCLUSIONS AND RECOMMENDATIONS Recommendations 77 The table of contents For notes
LIST OF ABBREVIATIONS...... 3
INTRODUCTION...... 4
1. mass SHELLING IN THE EAST OF UKRAINE...... 7 1.1. Chronology of the armed conflict in Eastern Ukraine...... 7 1.2. Destruction of civilian housing in the combat zone...... 16 Avdiivka city...... 20 Karlivka village...... 22 Maryinka city...... 23 Krasnogorivka city...... 25 Pisky village...... 26 Verkhnyotoretsk village...... 28 Zaytseve urban settlement...... 30 Gorlivka city...... 31 Debaltseve city...... 32 Donetsk city...... 34 Luhansk city...... 38 Pervomaysk city...... 38 Urban settlement Stanitsa Luhanska...... 39 Popasna city...... 41 Lysychansk city...... 42 1.3. Consequences from mass shelling in the East of Ukraine for the civilian population...... 44
2. FEATURES OF PROPERTY RIGHT PROTECTION OF CIVILIANS DURING THE ARMED CONFLICT...... 46 2.1. legal qualification of events in the East of Ukraine from the point of view of international law...... 48 2.2. Protection of civilians in armed conflict (international standards)...... 50 2.2.1. International humanitarian law...... 50 2.2.2. International human rights law...... 53 2.2.3. Standards and principles of the United Nations and other regional organizations...... 57 2.3. interference with civilian property through the lens of the Rome Statute...... 60
3. PROTECTION OF PROPERTY RIGHTS OF PERSONS AFFECTED BY THE ARMED CONFLICT IN UKRAINE...... 64 3.1. Procedures within the national legislation of Ukraine...... 64 3.2. Judicial procedure and its effectiveness...... 66 3.3. the national investigation...... 69
CONCLUSIONS AND RECOMMENDATIONS...... 74
Recommendations...... 77
78
У доповіді аналізуються масштаби руйнувань житлових будинків внаслідок бойових дій у Донецькій та Луганській областях, ймовірні порушення норм міжнародного гуманітарного права, які могли призвести до пошкодження чи руйнування житла цивільних громадян, вплив масових обстрілів на населення регіону, осо- бливості захисту майнових прав цивільних осіб під час збройного конфлікту. Надаються рекомендації з метою покращення ситуації.
Наукове видання
Збройний конфлікт на сході України: шкода, завдана житлу цивільного населення
(англійською мовою)
Автори доповіді: Н. М. Мельник, А. В. Павлюк, М. В. Петров, О. В. Глушко Відповідальний за випуск: Н. М. Мельник Редактор: Н. М. Мельник Верстка: О. А. Мірошниченко
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