Situation of Human Rights in Ukraine Stemming From the Russian Aggression

Calls upon the Russian Federation to immediately end its human rights violations and abuses and violations of international humanitarian law in Ukraine, including in the temporarily occupied territory of Ukraine, and calls for the strict observance of all human rights and fundamental freedoms and for the protection of civilians, without discrimination of any kind, and of critical civilian infrastructure in Ukraine;

Demands the immediate cessation of the forcible transfer and deportation of civilians and other protected persons within the temporarily occupied territory of Ukraine, to the Russian Federation or to Belarus, in particular of children, including those from institutional care, unaccompanied children and children separated from their legal guardians, and demands that the Russian Federation and Belarus grant representatives and staff of established international human rights and humanitarian mechanisms unhindered, immediate, sustained and safe access, provide reliable and comprehensive information about the number, identity and whereabouts of those civilians, and ensure their dignified treatment and their immediate, safe and unconditional return;

Urges the Russian Federation to cease the practices of deportation and forcible transfer of Ukrainian civilians from the temporarily occupied territory of Ukraine, to repeal decrees that compel residents to obtain a passport of the Russian Federation, a residence permit or other legal basis for stay under Russian domestic law under threat of deportation, to stop transferring its own civilian population to these territories and to end the policy of forcibly altering the demographic composition, including the ethnic composition, by encouraging or facilitating the migration and settlement of Russian citizens in these areas;

Also urges the Russian Federation to stop the illegal drafting and mobilization of residents of the temporarily occupied territory of Ukraine into the armed forces of the Russian Federation;

Demands that all parties to the armed conflict treat all prisoners of war in accordance with the provisions of the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949 and the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), and calls for the complete exchange of prisoners of war, including the immediate and unconditional repatriation of seriously wounded and seriously sick prisoners of war, and the release of all civilians detained in violation of international humanitarian law;

Demands that the Russian Federation immediately cease its aggression, as well as all acts of violence against civilians and prisoners of war in violation of international human rights law and international humanitarian law, in particular enforced disappearances and the use of torture and other forms of ill-treatment, including sexual and gender-based violence as a form of torture, and take immediate and effective measures to prevent such acts;

Also demands that the Russian Federation immediately cease acts of wilful killings and executions of prisoners of war, persons hors de combat and civilians, ensure that human remains are treated with dignity and respect, and are promptly returned to the families with full disclosure of the circumstances and time of death, conduct independent and transparent investigations into any allegation of such violations, and ensure that those responsible for committing any crimes under international law are held accountable in accordance with international standards;

Calls upon the Russian Federation to ensure that all detainees, including civilians and prisoners of war, receive, in accordance with international humanitarian law and international human rights law, immediate and adequate medical treatment, particularly those injured, wounded, or subjected to torture, sexual and gender-based violence, or other forms of physical or psychological abuse;

Calls upon all States to support efforts to ensure that all victims of human rights violations and abuses, including of torture or other cruel, inhuman or degrading treatment or punishment, have access to redress, encompassing effective remedy and adequate, effective and prompt reparation, which should include restitution, fair and adequate compensation, rehabilitation, satisfaction and guarantees of non-repetition, taking into full account the specific needs of the victims and survivors;

Demands that the Russian Federation immediately cease the prosecution of Ukrainian civilians and prisoners of war in proceedings that fail to meet international standards of independence, impartiality and due process, annul convictions rendered in violation of international law, release all persons unlawfully detained or convicted in such proceedings and discontinue the application of Russian criminal law in the temporarily occupied territory of Ukraine and the extension of its jurisdiction over this territory, in accordance with international law;

Calls upon the Russian Federation to promptly inform the families of all persons in its custody of their fate and whereabouts, ensuring that all detainees are properly registered, and to provide avenues for detainees to seek legal review of the grounds for their detention;

Urges full, timely, immediate, unhindered and safe humanitarian access, including across conflict lines, ensuring that humanitarian actors and assistance reach all those in need, particularly those in vulnerable situations, and that the independence, neutrality and impartiality of humanitarian organizations are respected, and ensuring also the protection of humanitarian personnel and medical personnel engaged exclusively in medical duties;

Urges the Russian Federation to ensure compliance with its obligations under international law, including international humanitarian law, and specifically the Convention for the Protection of Cultural Property in the Event of Armed Conflict, with regard to the preservation of the cultural heritage of Ukraine, including in the temporarily occupied territory of Ukraine;

Encourages relevant thematic special procedure mandate holders, within their respective mandates, to pay particular attention to the situation of human rights in Ukraine;

Encourages all States to apply the principle of universal jurisdiction, as appropriate, in accordance with national legislation and international law, to investigate and prosecute those responsible for war crimes and crimes against humanity, including torture, sexual and gender-based violence, murder, enforced disappearances, forcible transfer and deportation committed in the context of the Russian Federation’s war of aggression against Ukraine, and calls upon States to cooperate fully with international accountability mechanisms, including the International Criminal Court, in accordance with the Rome Statute, and, as appropriate, the Special Tribunal for the Crime of Aggression against Ukraine as soon as it is operational, through sharing evidence, witness protection and mutual legal assistance;

Requests the Commission of Inquiry to give an oral update to the Human Rights Council at its sixty-third session, to be followed by an interactive dialogue, to submit a comprehensive report to the Council at its sixty-fourth session, to be followed by an interactive dialogue, and to submit a report to the General Assembly at its eighty-first session, also to be followed by an interactive dialogue;

Requests the Secretary-General to ensure the availability of all the resources necessary to enable the Commission of Inquiry to carry out its mandate, including legal, investigative and gender expertise, and the resources and expertise necessary to enable the Office of the High Commissioner to provide the administrative, technical and logistical support that is essential to implement the provisions of the present resolution, in particular in the areas of fact-finding, legal analysis and evidence-collection;

Calls upon all relevant parties and States, and encourages civil society, the media and other relevant stakeholders, to cooperate fully with the Commission of Inquiry to allow it to effectively fulfil its mandate, and to provide it with relevant information or documentation they may possess or come to possess, as appropriate;

Calls upon the relevant organs, bodies and agencies of the United Nations system to cooperate fully with the Commission of Inquiry and to respond promptly to any request made by it, including with regard to access to relevant information and documentation;