Human Rights Watch report on antipersonnel landmines: position of human rights organisations

The international human rights organization Human Rights Watch published a report on Ukraine’s use of PFM antipersonnel mines in and around the city of Izium when Russian forces occupied the area and also verified 11 civilian casualties from these mines. According to the report, healthcare workers said that they treated nearly 50 civilians, including at least five children, who were apparently injured from anti-personnel mines in the area during or after the Russian military occupation. 

The use of such mines is inherently indiscriminate, causing significant damage to the civilian population. 

PFM mines are prohibited under the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction. Ukraine signed this agreement in 1999 and ratified it in 2005. 

Unfortunately, violations of international humanitarian law and harm to the civilian population are tragic realities of armed conflicts. In the conditions of the Russian-Ukrainian war, the Russian side commits a disproportionately greater number of violations of international law, in particular, the most serious international crimes. 

Thus, after the liberation of Izium, mass graves of people were discovered, from which 447 bodies of those killed in battles and during the occupation were exhumed, including tortured and executed local residents, as well as victims of indiscriminate shelling of the city by the Russian army. 

Since the beginning of the Russian-Ukrainian armed conflict in 2014, the organizations of the Ukraine 5 AM Coalition have been recording the use of anti-personnel mines by Russian troops and both military and civilian casualties from these mines. Russia is not a party to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines but this in no way relieves it of responsibility for inflicting unjustified suffering on people. This is the unequivocal position of the organizations that signed this statement. 

International institutions and organizations (for example, the UN Independent International Commission of Inquiry on Ukraine) have repeatedly pointed to numerous violations by the Russian Federation in their reports. The Human Rights Watch report also highlights numerous violations by Russia. 

Such a disproportion is an important context of this war that cannot be forgotten to assess the events correctly. At the same time, the crimes of one party cannot serve as an excuse for violations by the other. 

The best response of the state to any statement regarding the alleged violation of the laws and customs of war by it is a timely and effective, independent and comprehensive investigation into the said incidents, as well as frank and correct communication about the investigation results with the society. 

After all, this is how a state can establish the real circumstances of the case, confirm or deny the conclusions of the reports, provide additional information to help form a complete picture of the events. 

This in no way changes the circumstances of the conflict or equates the victim with the aggressor. Instead, by taking a responsible attitude to the indicated incidents, Ukraine will demonstrate the fundamental difference between the parties, given the numerous alleged violations committed by Russia, statements and appeals regarding which the aggressor country consistently ignores. 

The Ukrainian authorities have repeatedly stated their commitment to complying with the norms of international law, including the non-use of anti-personnel mines. We support and welcome such a position. After all, the first to suffer from violations are the civilian population: the Ukrainian citizens who do not have the opportunity to defend themselves and whom the state defends. War victims deserve impartial justice now, regardless of who harmed them. 

According to the report, in November 2022, Human Rights Watch submitted questions about PFM landmine use to the Ministry of Defense of Ukraine (MD). The MD’s response did not contain information that could confirm or refute the stated facts, except for the assurance of Ukraine’s compliance with the norms of international law. 

On January 31, 2023, responding to the publication of the report, the Ministry of Foreign Affairs of Ukraine noted that it would be “duly studied by the competent authorities of Ukraine.” We welcome the stated aspiration and hope that it will result in a comprehensive investigation with the adoption of appropriate decisions to bring the perpetrators to justice and limit the use of prohibited anti-personnel mines in armed conflict. 

Such a constructive reaction will be a worthy demonstration and embodiment of the declared will of the country and society regarding the undertaken obligations. 

In addition, given the disproportionately greater civilian harm caused by the Russian occupation, including the systematic commission of war crimes and crimes against humanity, it is critical that allies quickly provide Ukraine with sufficient precision offensive weapons to enable the Ukrainian military to free the occupied territories and save people’s lives as soon as possible. 

Signed by:

Human Rights Centre ZMINA 

Media Initiative for Human Rights 

Crimean Human Rights Group 

Institute for Peace and Common Ground 

NGO “Social Action Centre””