GENEVA (16 May 2022) – A UN human rights expert today called on the international community to step up its support for
Ukraine’s own investigations into alleged war crimes and crimes against humanity committed in the context of the armed
attack by the Russian Federation, saying it is crucial that all investigators work closely together and in compliance
with international standards of forensic best practice.
The Special Rapporteur on extrajudicial, summary or arbitrary executions, Morris Tidball-Binz, welcomed the progress
made so far by the Office of the Prosecutor General of Ukraine in its work to ensure that perpetrators of violations of
human rights law and violations of international humanitarian law are brought to justice.
“I also welcome the swift mobilisation of the international community in setting up different mechanisms and launching
initiatives to investigate, collect, document and preserve evidence of gross violations of international human rights
and serious violations of humanitarian law in Ukraine, including unlawful killings, since Russia’s armed attack more
than two months ago,” he said.
“These mechanisms can play a key role in supporting the work of the Office of the General Prosecutor, as well as other
accountability frameworks, ranging from the International Criminal Court to national prosecutions by the parties to the
conflict and in States with universal jurisdiction.
“It is therefore of paramount importance that the Office of the Prosecutor General of Ukraine, which is leading the
investigations in the country, receives all the support and resources necessary to ensure the adequate coordination of
investigative efforts under its responsibility in Ukraine.”
To achieve progress and deliver tangible results, however, all contributing international mechanisms and initiatives
must take into account ongoing national evidence-gathering processes and make sure that national ownership of
investigative efforts are duly respected where these efforts are in line with relevant international norms and
standards, the UN expert said.
“Without coordination of responsibilities and of efforts between various bodies, there is a considerable risk of overlap
and duplication to the detriment of the effectiveness and efficiency of investigations,” Tidball-Binz said. “For
example, the identification of deceased persons requires the proper collection, analysis and matching of information,
for which centralisation, adequate management and protection are paramount.
“Proper coordination can also prevent the re-traumatisation of victims and witnesses arising from being interviewed
multiple times by different investigators, and ensure that interviews fit into the overall investigative strategy.”
Tidball-Binz said all investigations into violations of human rights law and violations of international humanitarian
law must conform to international standards, including the UN Principles on the Effective Prevention and Investigation
of Extra-legal, Arbitrary and Summary Executions and the Revised UN Manual on the Effective Prevention and Investigation
of Extra-Legal, Arbitrary and Summary Executions (the Minnesota Protocol for the Investigation of Potentially Unlawful
Death (2016).
“International law requires that investigations be prompt, effective, thorough, independent, impartial and transparent,”
he added. “To this end, proper coordination and adequate data management are fundamental requisites, particularly in
complex cases, such as those under investigation in Ukraine.”
He said investigations of war crimes and crimes against humanity required multiple areas of expertise and specialised
knowledge so that the high volume of sensitive and complex evidence can be adequately collected, documented and securely
preserved.
“Within this context, for instance, the identification of human remains and their dignified treatment, including respect
for the families of those deceased, is paramount and coordination of efforts to this effect is absolutely essential for
adequately resolving cases of enforced disappearances and preventing the dead from becoming missing persons,” he said.
“All stakeholders should therefore comply with applicable international norms and standards. They should communicate and
actively coordinate among themselves, to prevent any duplication of efforts but also in the best interest of victims.”
The Special Rapporteur, who is a medico-legal expert, said he stood ready to assist and offer technical advice on these
matters.
..............................
The United Nations Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary
Executions can be found here. The full Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), as well as further information
on his drafting, is available here.
* Mr. Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary or arbitrary executions is a medical doctor specialized in forensic science, human rights and humanitarian action. He is currently an Adjunct
Clinical Professor in Forensic Medicine, School of Public Health and Preventive Medicine, Faculty of Medicine Nursing
and Health Sciences, Monash University, Australia and a Visiting Professor of the Department of Forensic Medicine,
Ethics and Medical Law, Faculty of Medicine, University of Coimbra, Portugal and of the Department of Biomedical Health
Sciences, University of Milano, Italy. Mr. Tidball-Binz previously for the International Committee of the Red Cross
(ICRC), where he helped to establish and served as the first director of the Forensic Services and Unit. He also
co-founded and directed the Argentine Forensic Anthropology Team, an organization that pioneered the application of
scientific methods to investigate serious violations of human rights and crimes against humanity.
Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system,
is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific
country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis;
they are not UN staff and do not receive a salary for their work. They are independent from any government or
organization and serve in their individual capacity.
UN Human Rights, Country Page — Ukraine and Russian Federation.