Accountability for international crimes as a condition for lasting peace in Ukraine
Accountability for international crimes as a condition for lasting peace in Ukraine
Three years ago, Russia launched a full-scale war against Ukraine. From the outset of this armed conflict the human rights mechanisms of the United Nations (UN) and the Organisation for Security and Co-operation in Europe (OSCE), civil society organisations, academic institutions, and the media—have thoroughly documented numerous violations of international humanitarian law and human rights law.
Millions of Ukrainians have been forced to leave their homes and the country. Polish NGOs, notably those within the Coalition for Victims, Survivors, and Witnesses (KOOS), such as HFPC, have documented thousands of testimonies from refugees in Poland. These accounts include experiences of torture, sexual violence, forced disappearances, and the killings of family members.
The HFPC shared over 100 testimonies, collected with the consent of the survivors and witnesses of crimes, with the Polish and Ukrainian justice systems, the International Criminal Court (ICC), as well as the UN and the OSCE. More than 70% of the individuals interviewed fled areas currently under Russian occupation, where their homes, workplaces, and critical infrastructure—including schools, hospitals, and residences—have been entirely devastated.
The effects of violence can be felt long after the incidents themselves. Many survivors we speak to continue to suffer complications from their physical injuries. A significant number also endure severe psychological trauma that affects their daily lives.
Despite the difficulties of sharing their experiences, survivors have courageously chosen to speak out. They seek justice and recognition so they can focus on rebuilding their lives, supporting their families, and regaining their independence.
It is vital to understand that accountability goes beyond punishing the individuals responsible for these acts. It is also crucial for preventing future atrocities, restoring the dignity of survivors, and establishing a foundation for a stable and lasting peace.
For peace to endure, it must be founded on justice. This involves conducting effective, independent, and prompt investigations into international crimes committed in Ukraine. Equally important is the need for comprehensive reparations for victims and survivors, including the right to rehabilitation, as well as acknowledging the truth about the crimes committed—determined by independent courts, UN institutions, credible human rights organisations, and academic entities—to ensure historical accountability.
International crimes such as war crimes, genocide, crimes against humanity, and the crime of aggression threaten not only the international legal framework but also regional and national security.
Poland's role in promoting accountability for international crimes
Poland is legally required to prosecute those responsible for international crimes according to both its domestic laws and international agreements. The prosecution of such crimes is not only a moral obligation but also a strategic choice for Poland, impacting its security, justice system, and international reputation. By taking decisive action, Poland affirms its commitment to the principles of international law and human rights while also demonstrating support for victims of aggression.
The Polish Prosecutor's Office's initiation of proceedings in 2022 regarding the Russian war of aggression and the committed war crimes marked a significant advancement in the pursuit of international justice. However, ensuring that the Prosecutor's Office possesses the necessary resources to prosecute these crimes effectively and efficiently is crucial. A primary concern is the implementation of universal jurisdiction, which would enable the formulation of charges against the alleged perpetrators and the issuing of international search warrants.
The HFHR, in collaboration with several NGOs, has compiled a report offering recommendations on the concrete steps Poland can take to promote accountability for the crimes committed during the armed conflict in Ukraine, support survivors, and uphold international law. This report draws on recommendations provided by experts who attended a conference held in November 2024 under the patronage of the Ministry of Justice: Accountability for international crimes committed in Ukraine - Joint efforts to make it happen.
