What's In Blue

Posted Thu 24 Oct 2024
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Arria-formula Meeting on Ukraine

Tomorrow afternoon (25 October), Russia will convene an Arria-formula meeting titled “Systematic violations of IHL committed by the Armed Forces of Ukraine on the territory of the Russian Federation”. Briefings are expected from Rodion Miroshnik, Ambassador-at-Large of the Russian Foreign Ministry on the Crimes of the Kyiv Regime, and Maxim Grigoriev, a member of the Civic Chamber of the Russian Federation and Chairman of the International Public Tribunal on Ukraine, which was established by the Civic Chamber in March 2022. Additional briefers are also anticipated.

The meeting, which will begin at 3 pm EST and take place in Conference Room 6, will be broadcast on UNTV. It will be open to representatives of all UN member states and permanent observers, UN entities, civil society organisations, and the press.

On 6 August, Ukrainian armed forces launched a cross-border incursion into Russia’s Kursk region, which borders Ukraine’s Sumy region. According to the Office of the UN High Commissioner for Human Rights (OHCHR), Russian authorities reported that, between 6 and 24 August, the attacks resulted in at least 213 civilian casualties, including 12 deaths. OHCHR has noted that Ukrainian and Russian authorities confirmed that thousands of people had been evacuated on both sides of the border due to escalating hostilities in the area. Ukrainian forces remain present in several areas of Kursk.

In the concept note that Russia prepared for tomorrow’s meeting, it alleges that Ukraine’s incursion was followed by “occupation and large-scale crimes against the civilian population and infrastructure” in Russia. The concept note also accuses Western mercenaries of involvement in Ukraine’s cross-border operation and in the commission of crimes against civilians. Ukraine, for its part, has argued that its incursion into Russia’s Kursk region was a defensive military operation conducted in full compliance with international humanitarian law (IHL), claiming that it has no “political plans” for the region that “contradict the UN Chater”.

The concept note also references Ukrainian attacks on other Russian cities, arguing that these assaults have deliberately targeted residential buildings and educational institutions, among others. It says that tomorrow’s meeting seeks to provide “first-hand information about crimes committed by the Armed Forces of Ukraine (AFU) against civilians in the Kursk region and other territories of the Russian Federation in violation of international humanitarian law” and to ensure accountability for these alleged crimes.

At a 28 August Council briefing on Ukraine, Assistant Secretary-General for Europe, Central Asia, and the Americas Miroslav Jenča noted that OHCHR could not verify reports of civilian casualties or related harm, as it did not have access to Russia and the areas affected by the fighting. He expressed concern over the effects of the spread of hostilities on the civilian population on both sides of the Ukraine-Russia border, including in Russia’s Kursk, Belgorod, and Bryansk regions. Jenča also stressed that Secretary-General António Guterres has condemned attacks on civilians and infrastructure, “no matter where they occur”.

As in previous Arria-formula meetings on Ukraine, Council members are likely to present sharply diverging views at tomorrow’s meeting. Several members are expected to reject Russia’s claims and criticise the meeting as a misuse of the Arria-formula meeting format, a waste of UN resources, and an effort aimed at diverting attention from crimes committed by Russian forces in Ukraine. In this regard, they may refer to various international investigations that have documented significant IHL violations by Russian forces, including those conducted by the Human Rights Council (HRC)-mandated Independent International Commission of Inquiry on Ukraine, the UN Human Rights Monitoring Mission in Ukraine (HRMMU), the Organization for Security and Co-operation in Europe (OSCE) Moscow Mechanism, and the International Criminal Court (ICC).

Some Council members are expected to make a general call for the thorough investigation of violations of human rights and IHL and for accountability for perpetrators. These members may also call for unhindered humanitarian access to areas affected by the fighting. A 1 October OHCHR report titled “Treatment of prisoners of war and update on the human rights situation in Ukraine”, covering developments between 1 June and 31 August, notes that OHCHR requested on 14 August that Russian authorities grant access to areas in Russia “affected by the conduct of hostilities” since February 2022 to conduct human rights monitoring and assess the situation of civilians affected by the conflict. As at 31 August, however, access had not been granted, according to the report.

On 16 September, Ukrainian Foreign Minister Andrii Sybiha said that, since the outset of the operation in Kursk, Ukraine’s armed forces have “ensured humanitarian assistance and safe passage to civilians”. He also extended an invitation to the UN and the International Committee of the Red Cross (ICRC) to join “humanitarian efforts” in the region and witness Ukraine’s “adherence to international humanitarian law”. At a press briefing on the same day, Spokesperson for the Secretary-General Stéphane Dujarric conveyed the UN’s readiness to accept Ukraine’s invitation but noted that it would require Russia’s authorisation to proceed.

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