This is a systematic and widespread practice by the Russian Federation, as documented by numerous international and non-governmental organisations, monitoring missions, and now – confirmed by the European Court of Human Rights.
In its judgment in the case of Ukraine and the Netherlands v. Russia, the Court confirmed that there is an administrative practice by the Russian Federation involving extrajudicial killings, torture, sexual violence, inhuman treatment, and other violations that have led to the deaths of prisoners of war and civilians in detention since 2014.
We hope that the ECtHR’s judgment will now serve as a catalyst for more proactive efforts to investigate and prosecute these violations as crimes against humanity in other jurisdictions.
Ensuring accountability for these international crimes requires complementary efforts across various justice pathways. Ukraine’s national system has already recognised 5,000 military personnel and 5,600 civilians as victims, but only last year did Ukraine incorporate crimes against humanity into its Criminal Code, and it has no prosecutorial practice in this area to date.
The International Criminal Court is looking into crimes committed in detention facilities but has not yet issued any arrest warrants vis-a-vis these violations. Meanwhile, third states are yet to demonstrate genuine readiness to pursue cases under the principle of universal jurisdiction in the context of Russia’s war against Ukraine.
Effective justice is only possible when the real needs of different mechanisms are recognised and addressed, supported by political will and active cooperation based on a solid evidentiary foundation.
Ending impunity for the deaths of prisoners of war and civilians in captivity is both Ukraine’s and the international community’s responsibility. It is one of the most meaningful ways to honour their memory and to demonstrate the true value of justice.
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