’S WAR CRIMES ALL OVER THE WORLD: ya From Chechn To

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Introduction

Year 2018 marked 19 years since be - Elimination of freedom of speech, repressions against the oppo - came de-facto authoritative leader of the Russian sition, usurpation of power, external aggression, occupations and Federation — a country that is a permanent member annexations of foreign territories, mass killings, ethnic cleansings, of the UN Security Council, which, it would seem, and numerous war crimes — this is what Putin’s Russia is asso - means it should bear a special responsibility for com - ciated with today. pliance with the international laws and protect regu - lations of the UN Statute. This brochure features facts indicating systemic and deliberate nature of military crimes committed by the Russian federation Yet Putin’s Russia has already gone to history as an in - during the last 19 years: in , , and Syria. These ternational subject with absolutely different character - crimes have no statute of limitations and, therefore, sooner or istics. Instead of development of a democracy in the later they should be investigated and the culpable brought to country and supporting peace outside its borders, justice. This list does not cover the full scale of crimes, yet it Putin’s Russia is engaged in curtailing rights and liberties would be sufficient to realize what Putin’s Russia really is. internally and instigating armed conflicts from outside.

Russia’s War Crimes All Over the World: From Chechnya To Syria 4

Definition of a

- Willful killing; War Crime — is a deliberate gross violation of laws and cus - toms of war. It is a collective term included in the international - or inhuman treatment, including biological experiments; law that combines a number of grave violations of rules of en - gagement, regulations and principles of the international hu - - Willfully causing great suffering, or serious injury to body or health; manitarian law that are committed deliberately or through gross negligence. War crime is one of international legal - Extensive destruction and appropriation of property, not justified by crimes, which also include , , military necessity and carried out unlawfully and wantonly; and aggressions. War crime is an international legal crime ac - cording to the statute of the International Criminal Court - Willfully depriving a prisoner of war or other protected person of the adopted on August 8, 1945. rights of fair and regular trial;

The Rome Statute includes the following war crimes - Unlawful confinement; committed by Russia, examples of which are reviewed further below: - Intentionally directing attacks against the population as such or against individual not taking direct part in hostilities;

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- Intentionally directing attacks against civilian objects, that is, objects - Destroying or seizing the enemy's property unless such destruction which are not military objectives; or seizure be imperatively demanded by the necessities of war;

- Intentionally launching an attack in the knowledge that such attack will - Compelling the nationals of the hostile party to take part in the oper - cause incidental loss of life or injury to civilians; ations of war directed against their own country;

- Attacking or bombarding, by whatever means, towns, , - Employing asphyxiating, poisonous or other gases, and all analogous dwellings or buildings which are undefended and which are not liquids, materials or devices; military objectives; - Employing weapons, projectiles and material and methods of warfare - Killing or wounding a combatant who, having laid down his arms or which are of a nature to cause superfluous injury or unnecessary suf - having no longer means of defense, has surrendered at discretion; fering or which are inherently indiscriminate in violation of the interna - tional law of armed conflict; - The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the depor - - Intentionally using starvation of civilians as a method of warfare by de - tation or transfer of all or parts of the population of the occupied ter - priving them of objects indispensable to their survival, including willfully ritory within or outside this territory; impeding relief supplies as provided for under the .

- Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hos - pitals and places where the sick and wounded are collected, provided they are not military objectives;

- Killing or wounding treacherously individuals belonging to the hostile nation or army;

Воєнні злочини Росії в світі: від Чечні до Сирії 6

The Second Russian-Chechen War

“The Declaration of , having stood for less The International Federation of Human Rights and the human rights than half a century, ceased to work during the Second society “” gathered information that proves that civilians have Russian-Chechen War”, Anna Politkovskaya, journalist, who paid become the primary victims of the Russian military operation. Russian with her life for the truth about crimes of Putin’s Russia in Chechnya. military and Russian authorities bear the burden of responsibility for grave violations of human rights and the international humanitarian law, The Second Russian-Chechen War started immediately after appoint - as well as for committing a range of war crimes. ment of Vladimir Putin as a first deputy and an acting Chairman of the Government of the Russian Federation. This war was not modern with regard to the international humanitarian law and principles of minimiza - tion of losses among a civilian population. The Second Russian-Chechen War crimes as a Russian War was characterized by a particular violence demonstrated by the strategy in Chechnya Russian military. It entailed deliberate attacks on civilian facilities, mass The very strategy of the federal troops of the Russian Federa - and show executions by firing squads, , capital punishments, cre - tion stipulated commission of mass war crimes as it was based ation of de-facto concentration camps, constant pillaging and , on use of indiscriminate mass bombings and air strikes in resi - , and large losses among a civilian population, which served no mil - dential areas with an aim of minimizing direct contact with itary advantage. Chechen military forces. Russian military deliberately bom -

Russia’s War Crimes All Over the World: From Chechnya To Syria 7 barded residential districts so that Chechen forces would leave before the Russian army enters there. Mass killing in Novye Aldy Upon entering residential areas, the federal troops would begin On February 5, 2000, Russian military executed at least 56 civilians a so-called “cleansing”, which bears signs of war crimes. The in - in the Novye Aldy and adjacent areas of city. Major - ternational humanitarian law demands there should be a strict ity of victims were , some were Russians. A so-called division between a civilian population and combatants, yet cri - “cleansing” was executed by Russian OMON riot squad, which teria proposed by the Russian command for definition of com - acted with particular cruelty, shooting children, women, elderly, and batants and civilians were quite fuzzy. In fact, all Chechen men even burning people alive. Witnesses also reported raping of of a certain age were considered as combatants: “Men aged from women, and decapitations. OMON would demand from civilians 25 to 40, physically able, with recently shaven beard and/or indi - gold and money first and shoot them afterwards — Russian mili - rect indications of carrying arms”. We can quote general Kazant - tary even removed golden teeth from dead bodies. sev, the Joint Force Commander of the Russian troops in Chechnya, who declared, on January 11, 2000, that “only women, In 2007, the European Court of Human Rights held proceedings children, and men over 65” should be considered as refugees. on the case “Musaev and others against Russia” — on mass killing He also added: “All others are to be detained pending investiga - of civilians in the village Novye Aldy. All claimants were relatives of tion for each particular case”. The objective of “neutralizing” and murdered people. On February 5, 2000, Yusup Musaev witnessed “eliminating” all “terrorists” that was assigned to Russian mili - killings of nine persons, seven of which were his relatives. Suleyman tary, as well as labelling of all male population of Chechnya as Magomadov came to Novye Aldy after the “cleansing” to bury re - “combatants” demonstrates a pursuit of causing harm to an en - mains of his two brothers, who were buried, possible alive, on Feb - tire category of persons, which is a war crime by definition. ruary 5th. Tamara Magomadova was wife of one of killed Magomadov’s brothers. Malika Labazanova witnessed the killing of three of her relatives by Russian military in her own backyard: 60- year-old woman, 70-year-old man, and 47-year-old disabled person. All of them were shot because they failed to collect money de - manded by murderers for sparing their lives.

Russia’s War Crimes All Over the World: From Chechnya To Syria 8 The court in Strasbourg unanimously dismissed all arguments of convoy was suddenly attacked from the air. Dozens of people were the Russian government and confirmed that the Russian author - killed and injured. ities are responsible for unjustifiable killings of claimants’ rela - tives. The court also found that Russia failed to perform due The human rights center “Memorial” stated that the bombardment investigation and did not punish perpetrators, whom it had not of refugees near Shaami-Yurt on October 29 was not an exception. been a problem to identify, many of them did not conceal their The human rights advocates are aware of many other instances of faces with masks. refugee convoys bombardments that occurred during the autumn and winter of 1999 and in the early 2000. Thus, for example, at the Until present day, murderers of dozens of civilians in Novye Aldy not same day, on October 29, 1999, a similar tragedy occurred near only remain unpunished, but still maintain their ranks and medals. stanitsa Goryacheistochnenskaya. Russian troops opened artillery fire at a convoy of refugees. During four hours Russian military prohibited local civilians who wanted to aid injured and recover the dead from entering the shelling area. Bombardments of refugee convoys On October 22, 1999, the federal troops prohibited civilians who Looting, executions, abuse, wanted to leave Chechnya in order to escape shelling and bom - bardments from crossing the borders of the republic. In four days’, rapes, human trafficking, on October 26, 1999, Russian state mass media announced that, filtration camps from October 29, there would be open a “humanitarian corridor” Mass killings of civilians, abuse, human trafficking, , and rapes for exit from Chechnya to . have become a “visiting card” of Russian military during the second campaign in Chechnya. There were also filtration camps, e.g. in Cher - A large number of people jumped at the opportunity, but the exit nokozovo, where dozens of thousands of civilian Chechens under - to Ingushetia was not opened on October 29. Hundreds of vehicles went tortures. The facts of such crimes were confirmed and with refugees that accumulated at check points started to return condemned by the European Court of Human Rights. It's a well-es - towards Grozny. Near the village Shaami-Yurt village, however, the tablished fact now that, during so-called “cleansings”, Russian military Russia’s War Crimes All Over the World: From Chechnya To Syria 9 would demand money and gold from local populace as a ransom for their freedom and lives. If a family failed to collect money for ransom, Polina Zherebtsova, men would be brutally beaten and taken to the filtration camps or writer-documentarian, author of Chechen diaries: just shot there and then. Ransoms were also demanded for women On February 12, 2000, Khavi, a friend of my mother, came. She jumped at and girls, otherwise they would be raped, beaten, and abused. There us immediately. She asked where her husband Sultan was. We told her, were cases when they were shot right after the . Simultaneously, “On January 18, after the funeral of a brother of our neighbor Aza, Sultan extensive lootings were under way, Russians were taking everything went to check up on your house to the private housings district. In the morn - of value. Some residential areas underwent numerous lootings, that ing of January 19, we were ousted during a “cleansing”. Your husband was is why the same houses were looted by Russian military several not with us, however! In nine days’, we returned home. None of us ever saw times in a row. In some villages, the “cleansings” were performed your Sultan again.” As we have found out later, he was shot with some other people. There were two other bodies lying next to him in the snow. Local res - dozens of times. idents told that “federal troops were coming from this street along with Os - setians. It was a nightmare! They hated Ingushetians after a disputed lands conflict in 1993. That is why they shot all three of them. There was a local Russian guy, a Chechen, and they brought this Ingushetian.”

“That’ll be an international mix” laughed Russian military. They did not allow to bury the dead. “Near that place, they have shot an old woman wearing a nightgown, and her daughter. She was completely naked, around 30 years old. About two blocks away from there and down the street, if you climb from our house along private housings, they shot a seven-year-old Chechen girl with her mother and aunt. People from that street told that the older sister of the shot child, a girl around my age, was taken away by the military. The military dropped a grenade to a cellar of a bread factory dormitory. Chechens and Russian, people who hid there from bombardments died. Many people! There were children among them... We met a mother of one of the killed women named Galina. Possibly, the young Chechen women who concealed us once during a bombardment in the “Berezka” area also died in there. In any case, they planned to hide in that cellar.”

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Anna Politkovskaya, responded, “We have no money and gold, I am a pensioner, and we spend a Russian journalist and human rights activist: pension to feed our family — there are eleven of us.” He told us, “I don’t care how you live. Give it away!” The have spread around rooms, started turning ... On the eve of summer of 2002, 33rd month of the . everything upside down. They did not allow us to move. They flipped over our Bottomless gloom is what you feel thinking of how it would end. The “cleans - wardrobe on the floor, and it split into parts. Started to look through our dishes. ings” do not stop and are like mass auto-da-fe. Tortures have become a norm In one of the vases, they have found a golden ring and the chainlet of my now. Out of court executions — a routine. Lootings — a mundanity. Abduc - daughter-in-law. These were taken by one of the militaries. Others started to tions of people by federal servicemen with an aim of further slave- (alive) take our housewares. They had prepared plastic bags and put our tea set in and body- (dead) trade — a trivial Chechen daily life. there. One took my new shoes and put them in his pockets. They have thrown a sideboard with rest of our dishes to the floor and all of it got broken. They In the period from January 28 to February 5, 2002, there was a “cleansing” were flipping over sofas and armchairs, cutting them with knives searching for in the village Starye Atagi. It was a 20th “cleansing” in this village. For a 20th stashed money. Yet they couldn’t find anything more of value. Running around time, 15,000 people were blocked by a few circles of armored vehicles, not rooms and looking for valuable things, they would ask, “Where are your sons?” only around the village, but on the level of neighborhoods, streets, houses... I responded that my son died, and I have no more sons. What was going on inside? Indeed, old Dagaev only recently had buried his 30-year-old son Alkhazur, In the evening of January 28, several “circles” of soldiers and armored vehicles and it is necessary to describe the circumstances to give the full picture. surrounded the village. Until dawn, all streets were blocked by armored personal Under an order from a village administration, Alkhazur, along with friends, carriers with their identification numbers covered in mud. Under pain of death, went to a major military base in Khankala to retrieve a body of their fellow- people were told to stay at their houses and backyards. Helicopters were flying villager, earlier detained during a previous “cleansing” and then killed in around the village at a very low altitude, as if trying to land; and slate roofs Khankala. Sergey Koshelev, who presented himself as a Federal Security Serv - were torn from houses like maple leaves in autumn, leaving them uncovered. ice (FSB) agent, acted as an intermediary for buying out the dead body. He One can roll eyes and continue calling it a “cleansing”, it is obvious, however, requested the following ransom for a corpse: a ram, a video camera, and a that there was a real military operation being conducted in Starye Atagi. Lada car. After getting all of that, he failed to give up the dead body. All of those that came to Khakala went missing without a trace. It happened on - I was at my house. I knew that gate door should be left open, otherwise they December 22, 2001. On the 14th day, bodies of all missing villagers were would tear it down with a tank or APC, told 70-year-old Imran Dagaev. - At found near Khankala, in a side ditch. Alkhazur Dagaev was missing an eye, half past six in the morning, servicemen intruded our yard. A submachine gun his body was black from beatings, he was killed by a shot to a left temple was pointed at me. I immediately presented my passport, yet they did not even from a close distance. notice it. They did not check passports of all other family members as well. The first demand of a serviceman, possibly their leader, was as follows, “Give us - You have no son? servicemen started laughing, after listening to Imran’s your money and gold.” He told us, “Give away anything of value, everything.” I story, and left soon...

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“Around twenty persons broke into our house, took away my son’s passport”, old. The gang made as if prepared to rape her and shouted to the others: “If tells Raisa Arsamerzayeva from Shkolnaya Street, “they wanted to take him you do not obey, we’ll rape you to death!” They grabbed Malika by the hair away to a “poultry-house” (filtration camp).” “I gave them hundred dollars. and dragged her up the stairs so that she would knock on others’ doors and They made me write a note that I have no complaints against them. When ask them to open up to a neighbor... It all ended up with marauding and they left, they took an electric generator and my daughters’ underwear.” beating of women.

This time, a commercial principle ruled a “cleansing” in Starye Atagi. They - Did they rape you? were taking away to the “filtration point” mostly those that had no money to pay ransom. Upon entering a house, they directly demanded a money Malika would not respond, only groan, though she has heard the question. ransom for men. Human commodity was rated from 500 to 4,000 rubles. Her beaten neighbors who opened up to her knocking, they ones who Depending on the age — the youngest cost most — and on visual esti - brought her here, are silent as well. Obstinately silent. This gangster bac - mation of a house by military. chanalia at the Kirov Street went on till 5:00 AM — residents of Grozny got used to marauders leaving places of “fun” before 6:00 AM, before the Besides the rates for men, there was a calculation of rates for women in end of a curfew. Starye Atagi this time. As it is a common custom in the area, “women” prices were much lower than “men” ones. A range of demands was different as well — ransoms were paid not against a threat of detainment at the “poultry- house”, but in order to avoid a rape. In one of the families, the federals took 300 rubles for sparing a young girl a rape. In the other one — 500 rubles. In exchange for refraining from sexual satisfaction they would also accept earrings and chailets. In the end, people went to the streets, lighted bonfires, and stayed around them through the night. They hoped this would spare them from killings and rape. Yet not all of them ended up that lucky.

It happened under disgusting circumstances: Malika lives in the 1st microdis - trict of Grozny city, at Kirov Street, in a five-storied building, in a part of a building with no men. It so happed that only women lived there. It was two o’clock AM. “Open up! It’s a cleansing!” Of course, they opened up, they had no choice — to avoid a door being blown up. A group of young men in a mil - itary uniform and masks arrived to loot the building, which was already looted a number of times before. In a flat where Malika lived, three of her relatives slept, also women, continues Raisa Arsamerzayeva. One of them — 15-year-

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Georgia

Even before the generally accepted date of the start of the Russian- On August 8, 2008, the Russian-Georgian War started, Georgian War, Georgian villages suffered an artillery fire from the ter - which was deliberately planned and organized by Rus - ritory of . It is worth noting a fact that, right at the sia. Though a hot phase of the war lasted for a few days barracks of the so-called “Russian peacekeepers”, in the Ts'khinvali re - only, Russia committed a number of war crimes there. gion, there was an observation post of an artillery spotter from the Among them: deliberate bombardments of residential South Ossetia’s army, who directed fire at the Georgian civilian targets. areas and civil infrastructure facilities, tortures and abuse of prisoners of war, ethnic cleansings, destruc - This means that, during a week time, an official member of the tion of Georgian civilians’ property, etc. It is also worth South Ossetia's army was requesting an artillery fire at the Geor - mentioning that the Russian Federation has been com - gian villages directly from the barracks of the so-called “Russian mitting war crimes in the ’s territory up to this peacekeepers”. It serves as an irrefutable proof that Russian and day, since the humanitarian law pertaining to the in - South Ossetia military should be considered as a single party to ternational armed conflicts apply to the Russia-occu - the conflict. That is why authorities are responsible for pied territories of South Ossetia and . war crimes committed either by South Ossetian or Russian mili - tary, since it was Moscow-planned war, they instigated it, and di - rected its army and South-Ossetian paramilitary groups.

Russia’s War Crimes All Over the World: From Chechnya To Syria 13 In 2015, the Independent International Fact-Finding Mission on the on ethnic civilians — ethnic Georgians in South Ossetia, including Conflict in Georgia (IIFFMCG), which was set up on 2 December numerous commissions of abovesaid actions against ethnic Geor - 2008 by the Council of the European Union, reported that around gians — civilian population of South Ossetia and adjoining “buffer 850 people died as a result of the war conflict and more than zone”, and implementation of a policy of deportations of ethnic 100,000 had to leave their homes. The Prosecutor collected an in - Georgians from the territory of South Ossetia by the so-called “gov - formation that indicates that from 51 to 113 civilians (ethnic Geor - ernment” of South Ossetia, controlled by Russia. gians) died as a result of a violent relocation campaign organized by military forces of South Ossetia with support from the Russian Federation military. From 13,400 to 18,500 ethnic Georgians were forcibly displaced from South Ossetia and a 20-km “buffer zone” created along administrative borders between South Ossetia and Destruction of cultural heritage other parts of Georgia, and around 5,000 residential buildings that of Georgia at Russia-occupied belonged to ethnic Georgians were demolished. territories During last ten years, the Russian Federation has been persist - Based on collected data, the Prosecutor reckons that there are ently pursuing a policy of destruction of the property and cul - sufficient evidences to assert that, at least during a period between tural heritage of Georgian residents at the occupied territories August 8 and October 10, 2008, South-Ossetian forces, which were of Georgia — in Abkhazia and South Ossetia. In 2017, ancient under full control by Kremlin, committed at least the following war ruins dated VIII and IX centuries near Cebelda village in Abkhazia crimes: willful killing, destruction of enemy’s property, lootings. were completely destroyed, which constitutes an irretrievable There are also many reports on direct involvement of Russian mil - loss for Georgian cultural heritage. Additionally, within the itary forces in these crimes. framework of the so-called “Russian investments program”, houses of Georgians who had to flee from Eredvi village in Os - There are sufficient evidences proving that Russia-controlled South- setia were destroyed. Ossetian forces committed such crimes against humanity as killings, deportation or forced relocation of civilians, persecution of any iden - tifiable group or community on ethnic grounds. These crimes were committed within a framework of large-scale and systemic assaults

Russia’s War Crimes All Over the World: From Chechnya To Syria 14 “We reached the Georgian enclave, and everything really Tortures and abuse burned from a horizon to a horizon there. All Georgian of prisoners of war villages that had been there were burned. A crowd of peo - ple passed and razed those villages to the ground. Eduard The Russian-Georgian war entailed barbarous treatment and killings Kokoyty said “We have razed everything to the ground in of Georgian war prisoners. there” And that is truth. Thanks God, Georgian population gathered and left the place during one night. This also For instance, Georgian corporal of 42th Battalion of 4th Infantry makes my hair curl. It was a normal, flourishing region Brigade, Imeda Kutashvili, had spent in captivity twelve days, yet it owing to Georgia’s investments. And then... bang! During was enough for him to become a disabled person. Georgian pris - one night all people left. It is also scary. And when you fly, oners of war were held in custody in a locker room of a gym. All you’re not thinking about political premises yet, but you kinds of people came to abuse the prisoners — Cossacks, Osse - see actions of one side and actions of the other one. And tians, Russian military. They were savagely beaten and taken to a then you realize... And then I flew to Dzhava, returned to mock-up “execution by a firing squad”. One of the prisoners, Ts'khinvali , and went through that enclave, through Ushangi Sopromadze, was actually executed and his fellow prison - Tamarasheni, where there was burning and plundering ers were ordered to bring him outside and bury him. Captors under way...” — Arkady Babchenko, Russian journalist and witness wanted to execute Kutashvili himself but one of Chechens inter - of that events. ceded saying that this prisoner looked like his son had been ill at the time and he could not allow an execution of a “lookalike”.

Later, they were exchanged for captive Russian pilots. Kutashvili recollected as they brought from the Georgian side a well-at - tended and healed Russian pilot on a stretcher, who most probably had bombed their unit and killed his comrades. While, at the same time, from the Russian-occupied side marched tortured and abused Georgian soldiers.

Russia’s War Crimes All Over the World: From Chechnya To Syria 15

Ukraine

On February 20, 2014, the Russian Federation are returned under full control of Ukraine, the international armed launched an operation on occupation of Ukrainian conflict between Russian and Ukraine, to which applies the law on Autonomous Republic of Crimea and the city of Sev - international armed conflicts (International Humanitarian Law), astopol, which resulted in illegal annexation of a part which, inter alia, classifies and prohibits war crimes, shall continue. of the sovereign state of Ukraine by Russia. Al - though Moscow has declared the Crimea as “its ter - Despite the Russian Federation’s attempts to present ritory”, from a perspective of the international laws an illusion of “peace” and “calm” in the Russia-occu - the peninsula is an integral part of Ukraine that was pied Crimea, if fact, real war crimes, which are clearly illegally occupied by the Russian Federation. defined by the , have been occurring at the peninsula during all years of the occupation. In 2016, the Office of the Prosecutor of the International Criminal Court published a report confirming that the situation at the tem - porarily occupied territory of the Crimea and the city of Change of ethnic composition of the peninsula through is qualified as an international armed conflict between Ukraine and partial relocation by Russia, as an occupying country, the Russian Federation, which started not later than February 28, 1 of its civilians to the occupied Crimea and partial de - 2014 and is still in place. Thereby, unless the Crimea and Sevastopol portation of a local population to Russia.

Russia’s War Crimes All Over the World: From Chechnya To Syria 16 According to the Geneva Convention Relative to the Protection of criminal persecutions in Crimea’s courts when pro-Ukrainian activists Civilian Persons in Time of War dated 1949, displacement of civilians and Crimean Tatars were sentenced to imprisonment for various during an occupation and relocations from an occupied territory or terms. According to available information, such persons were con - deportation of a local population constitutes a war crime. victed to prison terms ranging from two to four years during the court proceedings that were conducted without any basic judicial Immediately after the annexation, Russia started to change ethnic guarantees, and at the courts established with violations of applicable composition of the peninsula. As per official Russian sources, around regulations of the international humanitarian law. 100,000 people moved from Russia to the occupied Crimea. Experts, however, estimate that this number might be around 270,000. At the same time, there has been a systemic deportation of the peninsula’s Curtailment of freedoms (freedom of speech, freedom population who refused to apply for illegal Russian passports. As per 3 of mass media, religious freedom, etc.) Crimean human rights activists, during the occupation period, around 2,550 people were deported, most of them Ukrainian nationals. It Curtailment of freedoms in the Crimea by the Russian Federation should also be noted that representatives of the native people of the constitutes yet another case of crime. Prohibition of public rallies and peninsula — Crimean Tatars — have been illegally banned from en - events, restrictions on the freedom of speech, elimination of inde - tering the Crimea. One of such striking examples is a decision by oc - pendent mass media, blockade of Ukrainian information resources, cupation authorities to ban entry to the Crimea for a Crimean Tatars’ prohibition of organizations allowed under Ukrainian legislation, such leader Mustafa Dzhemilev. as Majlis of Crimean Tatars, Jehovah's Witnesses, or Khizb ut-Takhrir — all of those constitute war crimes performed by the Russian Fed - eration in the Crimea as an occupying country.

Unlawful confinement 2 Compelling local population of the occupied Crimea to Since Russia, as an occupying country, applies its laws at the territory 4 serve at the of Crimea, unlawful confinements present a systematic violation of the international humanitarian law performed by Russia in the According to the international humanitarian law, mobilization of local Crimea. In its report, the International Criminal Court informs of population to armed forces of an occupying country is a kind of war

Russia’s War Crimes All Over the World: From Chechnya To Syria 17 crime. According to a report by the Office of the Prosecutor of the A so-called “nationalization”, conducted in the Crimea in Sep - International Criminal Court, starting from 2014, draft-age men re - tember 2014, constitutes a gross violation of the international siding in Crimea were conscripted to the armed forces of the Russian humanitarian law, and is considered a war crime. Property rights Federation on four occasions — during spring 2016 call-up, in the of many Ukrainians residing in the occupied Crimea or in the period from April to June 2017, in October 2017, and during the continental Ukraine have been violated. Illegal compulsion of spring of 2018. According to Crimean human rights activists, no less Russian laws upon Crimean residents resulted in a loss of prop - than 12,229 Ukrainian citizens residing in the Crimea were drafted erty rights for land or real estate by many local residents. The to the Armed Forces of the Russian Federation in the period from report by the Office of the Prosecutor of the International the spring of 2015 to the spring of 2018. The human rights activists Criminal Court features at least 280 items of immovable prop - gathered 165 normative legal acts issued by Russian authorities and erty belonging to private persons, companies, and cultural or Russia-controlled so-called “authorities” of Crimea about conduction scientific organizations captured since February 2014. of conscription campaign in the peninsula in evidence of war crimes.

Searches, humiliations, tortures, killings, abductions, Movement of convicted persons abuses, etc. 5 7 Movement of convicted persons out of an occupied territory to a The Russian occupation of Crimea includes such war crimes to - territory of an occupying country also constitutes a war crime. Ac - wards civilians as illegal searches, humiliations, tortures, killings, cording to human rights activists, hundreds of convicted persons abductions, abuses, etc. Houses of Crimean Tatars and pro- were moved from Crimea to Russia. The International Criminal Ukrainian activists have been regularly searched by Russian law Court reports at least 59 established cases of movement of convicted enforcement officers. According to presidential envoy of Ukraine persons out of the Crimean territory to the Russian Federation. on matters of Crimean Tatars, Mustafa Dzhemilev, the occupants conducted 800+ searches — most of them in relation to Crimean Tatars. Violations of property rights in the occupied Crimea 6 and the city of Sevastopol The UN Human Rights Mission in Ukraine published a report on violations of the international laws in the occupied Crimea,

Russia’s War Crimes All Over the World: From Chechnya To Syria 18 including detentions and tortures, mostly towards Crimean Russian authorities have been deliberately denying residents of the Tatars. During the period from September 13, 2017 to June 30, occupied Crimea a fair trial, since otherwise they would be compelled 2018, 81 cases of human rights violations were documented in to admit their crimes and lawlessness. Large number of those illegally Crimea — 167 people became victims, including 34 women and detained under political motives, fabricated cases against Crimean 72 persons belonging to national minorities. According to the Tatars and pro-Ukrainian activists, illegal decisions by so-called “courts” Mission’s information, detained persons suffered tortures by regarding fines and property of Crimean residents — all of these in - electric shock and sexual abuse. Number of forced abductions dicate another kind of Russia’s war crime in the Crimea. The report that occurred during the occupation has reached 40. by the Office of the Prosecutor of the International Criminal Court states that, as a result of application of the Russian Federation laws, including the laws on prevention of terrorist and extremist activities, Violation of right for education in native language pro-Ukrainian activists and representatives of Crimean Tatars in the 8 Crimea were subjected to prosecution in the courts that were es - Russia has been deliberately obliterating Ukrainian and Crimean tablished in violation of the international humanitarian law. Tatar languages in the occupied Crimea. As of 2018, only one Ukrainian language school is active in the Crimea — it has 132 pupils. In 2017–2018, no institute or high school in Crimea featured Ukrainian language in their curriculums, while all comprehensive secondary schools in Crimea have been illegally forced by so-called “authorities” to use Russia's textbooks and educational program since 2014. A situation with Crimean Tatar schools is a bit better — in 2017–2018, there were 31 schools teaching in Crimean Tatars language (133 classes with 1879 pupils).

Violation of rights for fair and regular trial 9

Russia’s War Crimes All Over the World: From Chechnya To Syria 19

Ukraine.

Despite Russia’s denial of its participation in the war In its report dated 2016, the Office of the Prosecutor of the In - in Donbas, the international law clearly defines actions ternational Criminal Court noted that facts of a direct military that fall under a definition of an “aggression”, “inter - confrontation between armed forces of the Russian Federation national armed conflict”, and “war crime conducted and Ukraine point that, at least since June 14, 2014, there has during an international armed conflict”. Regardless of been an international armed conflict going on in eastern a fact of declaration of war or non-recognition by a Ukraine. The report also states that the Office of the Prosecutor subject of the international law of its participation in continues to review statements about general Russia control an armed conflict, certain activities may carry signs of over illegal paramilitary groups in eastern Ukraine, which would an international conflict to which a respective human - allow the armed conflict between the Armed Forces of Ukraine itarian laws would apply. and Russian mercenaries in Donbas to be considered as a single international conflict together with the armed conflict between Taking into account the fact that large quantities of Russian mod - armed forces of the Russian Federation and Ukraine. ern heavy armaments and dozens of thousands of Russian sol - diers are present in the territory of Donbas, the Further we state only some of the evidences of impudent war falls under the definition of an international armed conflict, crimes committed by the Russian Federation in Donbas. which stipulates application of the Rome Statute provisions.

Russia’s War Crimes All Over the World: From Chechnya To Syria 20 columns and would have used most safe routes, leaving in the night Ilovais`k tragedy time via several routes in an appropriate combat formation at a On August 25–26, military confrontation between Ukrainian forces wide front. They have not done that because of guarantees pro - and units of the Russian Armed Forces and militants supported by vided by Russian side. Hence these actions by the Russian federa - Russia entered an active phase near Ilovais`k in Donetsk region. tion forces constitute a war crime, as they fall under a category of Without ceasing bombardment of the Ukrainian forces, the Russ - “treacherous killing”. ian side proposed them to lay down their arms and military equip - ment and leave the encircled area. These conditions were rejected. According to official data, this war crime committed by the Russian Later, higher command of the Sector B reached an agreement with Federation resulted in deaths of 366 Ukrainian servicemen and representatives of the Russian Armed Forces on exit without sur - 429 were wounded. rendering arms and equipment. According to the agreement, in the morning of August 29, 2014, two armored personnel carriers from the Russian Armed Forces would arrive and accompany two con - voys of Ukrainian units along two exit routes. Around six o’clock Shelling of Mariupol in the morning of August 29, an armored personnel carrier from the Russian Armed Forces arrived to Mnohopillya area. Russian of - In the morning of January 24, 2015, Russian hybrid forces per - ficer informed the chief of intelligence that the exit conditions had formed a rocket-launching artillery strikes at peaceful frontline been changed but eventually the permission to leave the area for city of Mariupol. 31 people died and 117 were wounded as a re - the Anti-Terrorist Operation (ATO) forces was obtained. They sult. Casualties included one serviceman, others were civilians. were allowed to leave with ensheathed armaments. In the mean - In the night on the eve of the shelling, Russian mercenaries from time, units of the Russian Armed Forces took convenient positions so-called “DNR” announced a launch of massive offensive on and, when convoy was exiting, started to shoot from point-blank Mariupol. Shortly, SMM OSCE published a report that clearly range at Ukrainian forces that were leaving Ilovais`k. stated that shelling was performed from Russia-controlled ter - ritories of Donbas. The General Staff of the Ukrainian Armed Forces stresses that this was not a breakthrough from an encircled area. Otherwise, the The Security Service of Ukraine proved that the shelling of Mar - Ukrainian forces would have used other formations instead of iupol had been performed by Russian cadremen through use of

Russia’s War Crimes All Over the World: From Chechnya To Syria 21 two regular multiple launcher rocket system battalions of the It is worth noting that the attack of Russian military on Russian Armed Forces. Investigators from the SSU also validated Debal`tsev е was accompanied by a massive artillery bombard - direct participation of units of the 200th Pechenezhskaya Mo - ment of civil infrastructure, which falls under a definition of a torized Rifle Brigade and 2nd Taman Guard Motorized Rifle Di - war crime. Taking into account that Ukrainian forces were in fact vision in the shelling. The attack was directly controlled from surrounded by the Russian Armed Forces, there was no military Russian territory by the chief of rocket artillery and artillery purpose in massive bombardment that led to casualties among forces of the South military command of the Russian Armed Ukrainians, destruction of infrastructure and property of civil - Forces, major-general Yaroschuk Stepan Stepanovych . ians. It is obvious that Russia strived to demonstratively inflict maximum casualties among the ranks of the Ukrainian military, which also might be considered a war crime.

Debal`tsev е assault Assault on Debal`tsev е and its outskirts is similar to Ilovais`k tragedy because, on the eve of the assault, there was concluded Deliberate bombardments of an agreement on full ceasefire regime between Ukraine and Russia. civilians and placement of ar - On February 12, 2015, leaders of Ukraine, Russia, France, and Germany tillery units near residential signed a Package on execution of the Minsk Protocol, which stipulated buildings a complete ceasefire starting from 00:00 on February 15, 2015 and es - Practically from the very beginning of the military aggression of the Russ - tablished a combat contact line, which meant that Debal`tsev е and its ian Federation against Ukraine, Moscow has been employing tactics of outskirts would remain under control of the Ukrainian Armed Forces. bombardments of civilians with further accusations of Ukrainian side in Despite the agreements, however, the Russian hybrid forces started an such crimes. In order to obtain propaganda materials, Moscow deliber - offensive on Debal`tsev е. It has been found and proved that the 5th ately committed attacks on civilians, which constitutes a war crime. Separate Tank Brigade of the Russian Armed Forces as well as other units from Buryatia were used during the assault on Debal`tsev е. Mas - A confession from one of the Russian mercenaries named Alexan - sive artillery fire was also provided by the Russian Armed Forces. der Lis serves as a striking example. He participated in military op -

Russia’s War Crimes All Over the World: From Chechnya To Syria 22 erations in Luhansk in the summer of 2014 and few years later lot of photo and video materials that feature use of rocket artillery, con - confessed that Luhansk was not bombarded by Ukrainian sabo - ventional artillery, and mortars placed directly near residential buildings. tage-reconnaissance groups, these bombardments were committed by the Russian mercenaries’ battalion “Zarya” instead.

On January 22, a trolleybus in Donetsk was bombarded, and Russia and its mercenaries accused Ukraine of this crime. Despite Russia’s Killings, executions, tortures, attempts to cover up evidences, experts proved that the bombard - abuse, rape, lack of fair trial, and ment was performed with the use of a mortar that has a firing unlawful confinement range of less than 7 km, which is much less than a distance to the nearest positions of the Ukrainian Armed Forces. Russian occupation of the territories of eastern Ukraine brought sufferings to local residents. Human rights violations, repressions, There is a video on the web that features several Russian BM-21 abuse, executions, tortures, unlawful confinement, and lack of fair “Grad” rocket launchers firing at Ukrainian forces while one of such trial have become the norm for the occupied parts of Donbas. rocket launchers fires in the opposite direction to imitate a “fire from the Ukrainian Armed Forces at civilian facilities in Donbas”. On May 24, 2014, , colonel of Federal Security Serv - ice (FSB), signed a first so-called “triumvirate protocol” — after The systemic bombardments by the Russian forces and mercenaries of the fashion of Soviet executions without an investigation or a the Donetsk filtration station containing chlorine also constitute a bla - trial — for two local residents of Slavyansk. Dozens of people tant violation of the international humanitarian laws These bombard - were killed in Slavyansk in this way. ments might result in an ecological catastrophe and mass poisoning among civilian population. In June 2014, mercenaries under Girkin’s control abducted four ministers of a local protestant church. Initially, Russian merce - Another crime that puts civilians under threat is the placement of Russ - naries held them to ransom. Upon receiving the money, they put ian artillery units among residential buildings. The Russian hybrid forces them in a car and shot them just for fun. would employ these tactics in order to use civilians as a cover or delib - erately draw return fire for the purposes of a propaganda. There are a In 2015, in a commentary to Post newspaper, Russian mer -

Russia’s War Crimes All Over the World: From Chechnya To Syria 23 cenary Arseniy Pavlov nicknamed “Motorola” admitted that he ited antipersonnel landmines “Black Widow” in the combat opera - personally killed 15 Ukrainian prisoners of war. tions zone. During a liberation of village Shirokino, Russian put such landmines under bodies of unknown dead people. Russian mercenaries conducted several parades of war prisoners in Russia-occupied Donetsk, which also constitutes a war crime. In August 2018, near village Hranitne (Donetsk region), Ukrainian scouts found Russian prohibited mine-explosives complex NVU-P The report “Russian war crimes in eastern Ukraine in 2014” features “Hunt”. In a few days’ time, during cleanup works in the liberated documented evidences of numerous killings, tortures, abuse, and Donbas territories, Ukrainian sappers found more prohibited explo - rapes of Ukrainian civilians and prisoners of war. Tortures and killings sive devices from Russia — antipersonnel landmines PMN-2, which of prisoners of war have been committed by Russian mercenaries, were banned by the Ottawa Convention. Russian Cossacks, so-called ‘Kadyrovtsy”, and Russian military intel - ligence officers. Often, the mercenaries hold civilians for personal Besides use of prohibited landmines, Ukrainian side registered cases profit — they take their property or hold them for ransom. Killings, of use by Russian hybrid forces of prohibited ammunition with white tortures, abuse on ideological basis are quite widespread as well. For phosphorus, which cause extremely severe and painful mutilations instance, pro-Ukrainian position or any assistance to Ukrainian mili - or slow and painful death. tary may result in injuries or even death.

Capture or removal Prohibited landmines of Ukrainian property to Russia and ammunition In 2017, Russian puppets from so-called “DNR” and “LNR” con - Throughout the entire Russian-Ukrainian war, the Russian Armed ducted so-called “nationalization“ of enterprises in the Russia- Forces have been using prohibited landmines, explosive devices, and occupied Donbas territories. This is a direct violation of ammo causing superfluous injury or unnecessary suffering. property rights, which constitutes a war crime in the presence of an armed conflict. It falls under a category of extensive ap - Starting from 2015, Ukrainian military have been recovering prohib - propriation of property, not justified by military necessity and

Russia’s War Crimes All Over the World: From Chechnya To Syria 24 carried out unlawfully and wantonly. ciples of the international humanitarian law through gross negligence. Appropriation of property did not pass by ordinary residents as “Legal prosecution of persons responsible for gross violations of well — Russian puppets, openly and without any scruple, con - the international humanitarian law sends a clear message to those ducted a so-called “introduction of state management” with re - culpable of committing crimes in all other conflicts that sooner or spect to property of Ukrainians who had to flee from the war later they would be brought to responsibility... This gives hope to and Russian occupation. all citizens of Ukraine that war crimes, crimes against humanity, and other gross violations of human rights committed during the On the other hand, the Russian Federation is actively moving out current military aggression of the Russian Federation against machinery from Ukrainian plants to its territory, which also con - Ukraine shall not go unpunished and justice shall prevail”, perma - stitutes a war crime in the presence of an armed conflict. As of nent representative of Ukraine at the UN, Vladimir Elchenko. 2016, property and machinery from more than 20 Ukrainian plants had been moved out to the Russian Federation. A story about how the Luhansk Electric Machine-Building Plant was moved out to the Russian Federation, which was published in Russian mass media, serves a striking example of such blatant marauding.

МН17 On July 17, 2014, Russian military accidentally shot down a civilian air - liner Boeing 777-200ER of the Malaysia Airlines performing a regular flight MH17 from Amsterdam to Kuala Lumpur instead of a Ukrainian military transport plane AN-26. All 298 people on board died. Despite the fact that the Russian Armed Forces destroyed the civilian flight MH17 by accident, this mass can be considered a war crime since definition of such crimes includes violation of regulations and prin -

Russia’s War Crimes All Over the World: From Chechnya To Syria 25

Syria

On September 15, 2015, the Russian Federation launched a military campaign in Syria with an aim Deliberate attacks against to maintain a tyrant Bashar Assad in power, which the civilian population has been accompanied with numerous war crimes. and civil facilities

On October 7, 2016, the US Secretary of State John Kerry ac - Aerospace Forces of the Russian Federation make strikes at civil cused Moscow and Damask of pursuing a deliberate strategy of facilities and civilian population of Syria as a standard practice now. terrorizing civilian population in and eliminating anyone Moscow keeps bombing regular Syrians living in Syrian territories who opposes their military objectives. not under control of Bashar Assad and hides behind lies about “war with terrorism”. According to human rights activists, many thou - “Russia and the regime owe the world more than an explanation sands of civilians died from Russian attacks. As of the end of 2017, about why they keep hitting hospitals, and medical facilities, and at least 5,783 civilians, including women and children, died as a re - children and women. These are acts that beg for an appropriate sult of actions by Russian military. investigation of war crimes, and those who commit these would and should be held accountable for these actions”, said Kerry. Russia has been committing especially dangerous war crime in Syria — a so-called “double strikes” — when, after a first air

Russia’s War Crimes All Over the World: From Chechnya To Syria 26 strike, Russians would wait until rescuers, medics, and regular ications, food, essential commodities and . Ac - partial people would come to aid those who suffered from the cording to the UN data, in September 2016, more than 600,000 attack, and then Russians would make a second air strike to in - civilians in Syria found themselves in total blockade orchestrated crease casualties among a civilian population. by Assad regime and Russia.

Deliberate and regular strikes at hospitals and other civil facili - ties have become a “visiting card” of Russian military in Syria. In total, as of the end of 2017, monitors registered 817 strikes by Russian military at critically vital civil facilities — 141 cases of Chemical weapons strikes at medical institutions, in particular. Since 2011, the United Nations War Crimes Commission regis - tered 27 chemical attacks committed by Assad regime. In January For instance, on November 30, 2015, the Russian Air Forces de - 2018, the US Secretary of State Rex Tillerson stated: “Russia ulti - stroyed bakery of a largest Turkish humanitarian organization mately bears responsibility for the victims in Eastern Ghouta and Humanitarian Relief Foundation in Syrian town Saraqib in Idlib countless other Syrians targeted with chemical weapons since Rus - province, which had been supplying bread to 45,000 refugees. sia became involved in Syria.” Experts and human right activists are certain that Russia not only covers up these chemical attacks but also provides assistance in hiding traces of such crimes.

Prevention of access Employing weapons, projectiles and material and to medications, food, essential methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which commodities for civilian are inherently indiscriminate in violation of the in - population ternational law of armed conflict.

Assad regime and its ally Russia have been pursuing a deliberate Russia has been using prohibited phosphorous, cluster, and vacuum strategy of encirclement, siege, and blockade of access of civil - bombs to attack rebel-controlled residential areas and civil infra - ians in the Syrian territories not under Damask control to med - structure facilities on a regular basis. There are many photo and

Russia’s War Crimes All Over the World: From Chechnya To Syria 27 video materials available online that prove that the Aerospace Forces of the Russian Federation used such kinds of ammunition. On June 18, 2017, Russian propaganda TV-channel RT accidentally demonstrated a close view of cluster incendiary bombs RBK-500 ZAB-2.5SM in one of its news stories about Syria. After journalists and human rights activists pointed out this fact, the related shots were removed from that TV story.

Russia’s War Crimes All Over the World: From Chechnya To Syria 28 Responsibility for commission of war crimes

The international humanitarian law stipulates not - The fact that internal law does not impose a penalty for an act which only a personal but also a command responsibility for constitutes a crime under international law does not relieve the person commission of war crimes. According to article 86 of who committed the act from responsibility under international law. the Protocol to the Geneva Conventions of 1949, the fact that a breach was committed by a subordinate - The fact that a person who committed an act which constitutes a does not absolve his superiors from penal or discipli - crime under international law acted as Head of State or responsible nary responsibility, as the case may be, if they knew, or Government official does not relieve him from responsibility under in - had information which should have enabled them to ternational law. conclude in the circumstances at the time, that he was committing or was going to commit such a breach and - The fact that a person acted pursuant to order of his Government if they did not take all feasible measures within their or of a superior does not relieve him from responsibility under inter - power to prevent or repress the breach. national law, provided a moral choice was in fact possible to him.

The fact that Russia did not ratify the Rome Statute does not release its subjects from responsibility for war crimes. Principles of Interna - tional Law Recognized in the Charter of the Nürnberg Tribunal and in the Judgment of the Tribunal, based on provisions of the International Criminal Court adopted on August 8, 1945, clearly state as follows:

- Any person who commits an act which constitutes a crime under in - ternational law is responsible therefor and liable to punishment. Russia’s War Crimes All Over the World: From Chechnya To Syria 29 Limitation period for war crimes According to the international law, statutory limitations cannot be applied to war crimes and crimes against humanity, which is enshrined in the UN Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Hu - manity dated 1968 and the European Convention on the Non- Applicability of Statutory Limitation to Crimes against Humanity and War Crimes. Therefore, all crimes committed by Putin’s Rus - sia shall be investigated sooner or later, and all culpable shall be brought to justice.

Russia’s War Crimes All Over the World: From Chechnya To Syria 30