Russia’s treatment of Ukrainian military personnel and civilians in captivity amounts to war crimes and crimes against humanity.
Thousands of members of the Ukrainian forces are currently held captive in Russia and occupied Ukraine as prisoners of war (POWs). These POWs are often held for months or years without their detention being notified to the relevant authorities. They are denied the right to communicate with the outside world, and Russia has prevented international organizations from accessing them.
This treatment amounts to incommunicado detention which, given its duration, is considered inhuman treatment. This approach is designed to place POWs beyond the protection of international law, facilitating torture and other ill-treatment, including denial of medical care they require, and in some cases, unlawful killing of POWs. Committed in the context of Russia’s aggression against Ukraine, these acts amount to war crimes.
Procedural safeguards contained in the Third Geneva Convention, such as the right to regular correspondence, granting access to places of detention for international organizations and the direct repatriation of wounded and sick prisoners, are designed to prevent and mitigate such treatment. Russia is systematically failing to uphold its obligations under the Geneva Conventions and must immediately fulfill these obligations.
Tens of thousands of Ukrainians, both military personnel and civilians, are considered “missing in special circumstances” by the Ukrainian authorities. Many of them are likely in detention which has not been acknowledged by Russia. Others have likely been killed. Russia’s failure to confirm the presence of specific Ukrainians in its captivity – despite strong evidence they are there – amounts to enforced disappearance. In cases without such evidence, the relatives of the missing face an agonizing wait for information. Russia’s aggression renders investigation into their fate impossible, yet the Ukrainian authorities must ensure that families of the missing are put at the center of all investigations, ensuring adequate consultation and communication at all stages of the process.
Civilians make up a considerable number of those believed to be missing. Russia has long employed the tactics of arbitrary arrest, torture and enforced disappearance to intimidate the civilian population in areas it controls.
In the context of an attack against the civilian population of Ukraine, these acts amount to crimes against humanity.
Read “A Deafening Silence: Ukrainians Held Incommunicado, Forcibly Disappeared and Tortured in Russian Captivity.”